2002 Legislative Report for Period Ending March 15

Symbol Meaning
Current action
CS Committee Substitute
P Passed both Chambers
W Withdrawn from further consideration

For Period Ending: March 15

HB 95 Public Libraries and Obscenity: Requires all libraries that provide public access to the Internet to install and maintain computer software that prohibits access to materials containing obscene descriptions, photographs, or depictions on any public-use computers available to persons under the age of 18. Similar to CS/SB 392. Rep. Allen Trovillion (R-Winter Park)

  • House: Passed the House (102/6; Reps. Bucher, Gottlieb; Greenstein; Machek; Mack; Weissman voting no). Now in S. Messages.

SB 644 Public Records Exemption: Expresses the intent of the legislature to create an exemption to the Public Records Law. No House companion. Sen. Rudy Garcia (R-Hialeah)

  • S. Governmental Oversight Committee: A strike all amendment, creating a public record exemption for information identifying an injured employee contained in medical records, reports, or bills provided to the Agency for Health Care Administration (AHCA) and the Department of Education pursuant to a worker’s compensation claim, is adopted; reported favorably as a committee substitute. Now in S. Rules.

SB 646 Public Records Exemption: Expresses the intent of the legislature to create an exemption to the Public Records Law. No House companion. Sen. Rudy Garcia (R-Hialeah)

  • S. Governmental Oversight Committee: A strike all amendment, creating an exemption for meetings of agency procurement evaluation or negotiation teams when discussing bids, proposals or replies received from vendors, and stipulating that (1) the scope of the meeting is limited to the evaluation of bids, proposals or replies, or the negotiation of a contract; (2) reasonable public notice, including the names of those who will be attending the closed session must be provided; (3) the entire meeting must be audibly recorded on tape or recorded by a court reporter; (4) the tape or transcript becomes public record at a particular time; is adopted; reported favorably as a committee substitute (5/2; Sens. Burt and Posey voting no). Now in S. Rules.

SB 648 Public Records Exemption: Expresses the intent of the legislature to create an exemption to the Public Records Law. No House companion. Sen. Rudy Garcia (R-Hialeah)

  • S. Governmental Oversight Committee: A strike all amendment, creating (1) a public record exemption for information identifying a person or firm in public accountant peer review records made or received by a peer review panel, and (2) an exemption for those portions of peer review panel meetings at which such identifying information is discussed, is adopted; reported favorably as a committee substitute. Now in S. Rules.

SB 650 Public Records Exemption: Expresses the intent of the legislature to create an exemption to the Public Records Law. No House companion. Sen. Rudy Garcia (R-Hialeah)

  • S. Governmental Oversight Committee: A strike all amendment, creating a public records exemption for all information (the name and last known address of the mother of the child; the name of the child and the location and date of birth; the man’s name, address, and driver’s license number; and a statement in which the man claims to be the father of the child) contained in the paternity registry and allowing release of certificates attesting to the results of a search of the paternity registry under certain conditions, is adopted; reported favorably as a committee substitute. Now in S. Rules.

SB 658 Public Records Exemption: Expresses the intent of the legislature to create an exemption to the Public Records Law. No House companion. Sen. Rudy Garcia (R-Hialeah)

  • S. Governmental Oversight Committee: A strike all amendment, reenacting the current exemptions for university health services support organizations under s. 240.2996, F.S., and enlarging the exemption to also include college health services support organizations, is adopted; reported favorably as a committee substitute. Now in S. Rules.

SB 660 Public Records Exemption: Expresses the intent of the legislature to create an exemption to the Public Records Law. No House companion. Sen. Rudy Garcia (R-Hialeah)

  • S. Governmental Oversight Committee: A strike all amendment, creating (1) a public record exemption for a complaint and information obtained by the Commission for Independent Education during an investigation, stipulating that the information is exempt until at least 10 days after a finding of probable cause, and (2) a meeting exemption for all proceedings of the probable cause panel, is adopted; reported favorably as a committee substitute (4/3; Sens. Burt, Smith, and Sanderson voting no). Now in S. Rules.

CS/HB 769 Student Assessment Data: As amended, creates a public records exemption for data disclosing personal identifying information about a teacher and the effects of instruction by such teacher on a student in the possession of the Department of Education or the State Board of Education. Similar to SB 1762. Rep. J.D. Alexander (R-Winter Haven)

  • House: Passed the House (99/13). Now in S. Messages.

CS/HB 773 Paternity Registry Information: Creates a public records exemption for all information (the name and last known address of the mother of the child; the name of the child and the location and date of birth; the man’s name, address, and driver’s license number; and a statement in which the man claims to be the father of the child) contained in the paternity registry. Allows release of certificates attesting to the results of a search of the paternity registry to a court, the birth mother, or an adoption entity. Similar to CS/SB 650. Rep. Mark Mahon (R-Jacksonville)

  • House: Passed the House (111/0). Now in S. Messages.

HB 935 Identifying Information/Florida Retirement System: As amended, creates a public record exemption for personal identifying information of Public Employee Optional Retirement Program contained in records of the Florida Retirement System. Similar to CS/SB 1886. Rep. Marco Rubio (R-Miami)

  • H. Fiscal Responsibility Council: Reported favorably. Now on H. Calendar.

SB 980 Military Discharge Forms: As amended, creates a public record exemption for personal identifying information (name; social security number; date of birth; home address; next of kin) contained in a U.S. armed forces form DD-214 held by a clerk of court. No House companion. Sen. Ginny Brown-Waite (R-Brooksville)

  • S. Governmental Oversight Committee: A strike all amendment, expanding the exemption to also exempt DD-215; WD AGO 53; WD AGO 55; WD AGO 53-55; NAVMC 78-PD; and NAVERS 552, is adopted; reported favorably as a committee substitute. Now in S. Rules.

SB 982 Public Records Exemption: As amended, creates a public record exemption for building plans, blueprints, schematic drawings, and diagrams depicting the internal layout and structural elements of a building, arena, stadium, water treatment facility, or other structure owned or operated by an agency. Similar to CS/HB 735. Sen. Ginny Brown-Waite (R-Brooksville)

  • S. Governmental Oversight Committee: A strike all amendment making minor changes to the bill is adopted; reported favorably as a committee substitute.

SB 1154 Investigative Incident Report: Defines “investigative incident report” as a “nonjudicial record maintained by a criminal justice agency which documents criminal investigative activity, including, but not limited to, the facts and circumstances relating to alleged or suspected criminal activity, and for which there is a final decision by the criminal justice agency that an arrest will not be made and criminal charges will not be filed . . .”. Authorizes a court to seal such reports if the subject of a report complies with certain, specified conditions. Similar to HB 1495. Sen. Ron Klein (D-Delray Beach)

  • S. Appropriations Subcommittee on Public Safety and Judiciary: Reported favorably. Now in S. Appropriations.

p SB 1222 Abandoned Newborns: Expands the exemption in s. 383.51, F.S., for the identity of parents leaving newborn infants at hospitals or fire stations to also include emergency medical services stations. Identical to HB 1067. Sen. Burt Saunders (R-Naples)

  • House: Passed the House (109/0). PASSED THE LEGISLATURE.

CS/SB 1562 Record & Meeting Exemptions: Reenacts various exemptions for the records and meetings of universities and community colleges (self-insurance programs; student records; employee records; sponsored research records; H. Lee Moffitt Cancer Center records and meetings; and donors to direct support organizations). Also expands an exemption for university health services support organizations. Finally, creates a new exemption for complaints and information obtained in an investigations by the Commission for Independent Education. No House companion. Sen. Alex Villalobos (R-Miami)

  • S. Governmental Oversight Committee: A strike all amendment, moving the exemptions for health services support organizations and the new exemption for investigations by the Commission for Independent Education to other bills (CS/SB 658 and CS/SB 660, respectively), is adopted; reported favorably as a committee substitute. Now in S. Appropriations Subcommittee on General Government.

SB 1600 Physicians/Adverse Incident Reports: Creates a public records exemption for information contained in notices of adverse incidents filed with the Department of Health (DOH) by physicians (pursuant to s. 458.351, F.S.) and osteopathic physicians. Also stipulates that the information in an adverse incident report may not be made available to the public as part of an investigation or disciplinary proceeding by DOH. “Adverse incident” is defined as an event over which the physician could exercise control resulting in death, brain or spinal damage, performance of a surgical procedure on the wrong patient, or performance of a wrong-site surgical procedure. Similar to HB 875. Sen. Charlie Clary (R-Destin)

  • S. Governmental Oversight Committee: Reported favorably. Withdrawn from S. Rules; now on S. Calendar.

CS/SB 1648 Judiciary: Creates a public record exemption for (1) social security numbers contained in court records; and (2) all oral or written communications or documents, including written documents of the mediator, in presuit or voluntary mediation proceedings. No House companion. S. Judiciary

  • S. Appropriations Subcommittee on Public Safety and Judiciary: Reported favorably. Now in S. Appropriations.

SB 1762 Student Assessment Data: Creates a public records exemption for data disclosing personal identifying information about a teacher or any other instructional personnel and the effects of instruction by such teacher or other instructional personnel on a student in the possession of the Department of Education or the State Board of Education. Identical to HB 769. Sen. Donald Sullivan (R-St. Petersburg)

  • S. Governmental Oversight Committee: Reported favorably. Now in S. Rules.

SB 2370 Unsolicited Proposals/Transportation Facilities: Creates a public record exemption for unsolicited proposals for public/private transportation facilities received by the Department of Transportation. Similar to CS/HB 1769. Sen. Bill Posey (R-Rockledge)

  • S. Governmental Oversight Committee: A strike all amendment, expanding the exemption to also exempt unsolicited proposals received by an expressway authority, is adopted; reported favorably as a committee substitute. Now in S. Rules.

SB 2416 Lists of Public Employees: Creates a public record exemption for the home mailing addresses, physical home addresses, and home telephone numbers of public employees in compiled or list form. Authorizes release of such lists to a government agency engaged in official business and to a bargaining agent, but stipulates that such lists may not be provided to the public. Further stipulates that a person may view or copy an individual’s personnel records at the employee’s employing agency, one record at a time, or may obtain information by a separate written request concerning a named employee for which information is desired. No House companion. Sen. Rudy Garcia (R-Hialeah)

  • S. Governmental Oversight Committee: An amendment creating a public record exemption for the home address, mailing address, and telephone number for all public employees in all public records is adopted; reported favorably as a committee substitute (6/1; Sen. Posey voting no). Now in S. Commerce.

SB 2430 Qualified Defense Tax Refund Program: Creates a public records exemption for certain, specified business information received under tax refund programs for qualified defense contractors, qualified aviation-industry businesses, and qualified target-industry businesses, by the Office of Tourism, Trade, and Economic Development (OTTED), Enterprise Florida, or county or municipal governments and their employees. Such exempt information includes: applicant’s federal tax identification number and Florida sales tax registration number; the percentage of the applicant’s gross receipts derived from Department of Defense contracts during the past 5 taxable years; the amount of sales and use taxes, corporate income taxes, intangible personal property taxes, emergency excise taxes, excise taxes on document, ad valorem taxes, and aviation fuel taxes paid during the 5 fiscal years immediately preceding the application date; trade secret information; and information relating to the wages paid for jobs created when submitted as part of a claim for a tax refund and as evidence of achievement of performance. Stipulates that such information is exempt for the duration of the tax refund agreement or 10 years, whichever is earlier. Similar to HB 777, HB 1639, and SB 2240. Sen. Alex Diaz de la Portilla (R-Miami)

  • S. Governmental Oversight Committee: Reported favorably (5/2; Sens. Posey and Smith voting no.) Now in S. Rules.

NEW BILLS FILED

HB 2013 Worker’s Compensation Records: Creates a public records exemption for medical records and reports of an injured employee, as well as any information identifying an injured employee in medical bills, which are provided to the Agency for Health Care Administration and the Department of Education. Similar to CS/SB 644. H. Council for Smarter Government

HB 2013 SIMPLY TRANSFERS THE EXEMPTION FOR WORKER’S COMP RECORDS FROM THE DEPARTMENT OF LABOR, WHICH NO LONGER EXISTS, TO AHCA AND DOE. HOWEVER, WE WOULD SUGGEST THAT THE EXEMPTION BE NARROWED TO CONFORM TO THAT IN THE SENATE COMPANION, CS/SB 644.

HB 2019 Investigations/Commission for Independent Education: Creates a public record exemption for a complaint and information obtained by the Commission for Independent Education during an investigation of a licensed nonpublic postsecondary educational institution, stipulating that the information is exempt until at least 10 days after a finding of probable cause panel. Also exempts the proceedings of the probable cause panel until the panel declares a finding of probable cause, “at which time the exemption shall expire.” Finally, expands the current exemption for the records of the H. Lee Moffitt Cancer Center to also exempt materials relating to methods of manufacture or production, potential trade secrets, potentially patentable materials, or proprietary information received, generated, ascertained, or discovered during the course of research conducted at the Center or by the non-profit corporation or its subsidiaries. Similar to CS/SB 660. H. Council for Lifelong Learning

🙁 AS MUCH AS WE DISLIKE THE EXEMPTION FOR THE COMMISSION FOR INPENDENT EDUCATION (IT’S UNCONSTITUTIONALLY OVERBROAD AND TOO VAGUE), WE REALLY DON’T LIKE THE EXPANSION OF THE EXEMPTION FOR THE H. LEE MOFFITT CANCER CENTER. IN ADDITION, HB 2019, WHICH IS ALREADY ON THE H. CALENDAR, VIOLATES THE SINGLE SUBJECT REQUIREMENT UNDER ART. I, SECTION 24, OF THE FLORIDA CONSTITUTION.

—-*—-

As we’re preparing this report for publication, there are a number of bills scheduled for consideration by the Senate and House on Thursday afternoon, March 14. Rather than delay distribution of this week’s report, we’ll report on the following bills, on third reading or the special order calendar, in our next report. In the interim, if you have questions on these or any other open government bills, call the First Amendment Foundation at (800) 337-3518 or, in Tallahassee, 222-3518.

Senate/3rd Reading: HB 543, Abandoned Property Records (on final passage)

 

House/3rd Reading: HB 147, Citizen’s Right to Honest Government
HB 195, DOI/Delinquency Proceeding Records
HB 687, Personal Info/Disabled Persons
HB 777, Qualified Tax Refund Program
HB 1313, CFS/Investigative Records
HB 1355, Insurer’s Workpapers

 

House/Special Order: HB 735, Blueprints
HB 731, Aerial Applicators
HB 539, Ch. 119 Reorganization & Records Retention
HB 1487, Telecommunication Audits
HB 1769, DOT/Unsolicited Bids
HB 1205, Unsolicited Reports
HB 1673, Social Security Numbers
HB 1679, Study Commission/Court Records
HJR 1981, Judicial Qualifying Commission
HB 1983, Juvenile Records
HB 445, Public Utility Records 🙁
HB 935, Optional Retirement Program RecordsHB 935,
Optional Retirement Program Records
HB 2013, Worker’s Comp Records
HB 1767, DOI/Personal Info

Leave a Reply

Member Login

Forgot Password?

Join Us

%d bloggers like this: