2002 Legislative Report for Period Ending March 8

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W Withdrawn from further consideration

For Period Ending: March 8

SB 86 Learning Gateway Program Records: Creates a public records exemption for the individual records of children enrolled in Learning Gateway programs. Stipulates that such records include assessment data, health data, records of teacher observations, and identifying data, including the child’s name, address, and social security number. No House companion. Sen. Ken Pruitt (R-Port St. Lucie)

  • Senate: Passed the Senate (36/0). Now in H. Messages.

SB 140 Criminal Use of Public Records: Stipulates that a person who knowingly uses public records or information obtained from public records to further or facilitate the commission of a crime commits, in addition to the underlying offense, a first degree misdemeanor or third degree felony. Similar to HB 1123. Sen. Locke Burt (R-Ormond Beach)

  • Senate: Passed the Senate (33/0). Now in H. Messages.

SB 274 Chapter 119/Reorganization: Filed in response to an interim project by the Senate Committee on Governmental Oversight and Productivity, SB 274 reorganizes chapter 119, F.S., Florida’s Public Records Law. Redundant provisions are deleted, similar topics are grouped together, and the chapter is streamlined and organized in a more logical fashion. No House companion. S. Governmental Oversight

  • Senate: An amendment adding language relating to records retention and conforming the bill to HB 539, is adopted; passed the Senate (34/0) as amended. Now in H. Messages.

SB 368 Public Library Registration & Circulation Records: Revises the public records exemption for public library registration and circulation records to allow access by the parent or guardian of library patrons under the age of 16 for the purpose of collecting fines or overdue materials. Identical to HB 131. Sen. Stephen Wise (R-Jacksonville)

  • S. Governmental Oversight Committee: Reported favorably. Now on S. Calendar.

SB 654 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, expanding the exemption for sealed bids or proposals until such time as the agency provides notice of a decision to also exempt replies and invitations to negotiate, is adopted; reported favorably as a committee substitute. Now in S. Rules.

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. No Senate companion. Rep. Mark Mahon (R-Jacksonville)

  • H. Council for Healthy Communities: An amendment, approved earlier by H. State Administration, is adopted; reported favorably as a committee substitute. Now on H. Calendar.

SB 1152 Exemption/Investigative Incident Report: Creates a public record exemption for investigative incident reports sealed by a court, stipulating that the report is available only to the person who is the subject of the report, the subject’s attorney, criminal justice agencies, or licensing or employment entities. Also stipulates that unauthorized release of the exempt report is a second degree misdemeanor. Similar to HB 1663. Sen. Ron Klein (D-Delray Beach)

  • S. Governmental Oversight Committee: An amendment to the constitutionally-required statement of public necessity is adopted; reported favorably with one amendment (6/1; Sen. Posey voting no). Now in S. Rules.

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. Identical to HB 1495. Sen. Ron Klein (D-Delray Beach)

  • S. Governmental Oversight Committee: Two minor technical amendments are adopted; reported favorably with two amendments (6/1; Sen. Posey voting no). Now in S. Appropriations Subcommittee on Public Safety and Judiciary.

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)

  • Senate: Passed the Senate (37/0). Now in H. Messages.

HB 1261 Election Reporting Requirements: As amended, redefines the terms “political committee”, “independent expenditure”, “issue”, and “communications media” (adding the Internet to the list of “communication media”) for the purpose of campaign contribution reporting requirements. Also revises the requirements for reporting campaign contributions, as well as the penalty provisions for failure to report. Requires any person sponsoring or funding an election advertisement to file regular reports of all contributions received and all expenditures made, stipulating that such reports must contain the same information and are subject to the same filing requirements as reports required of candidates under s. 106.07, F.S. Similar to CS/SB 1842. Rep. Mitch Needelman (R-Palm Bay)

  • H. Council for Lifelong Learning: Reported favorably. Now on H. Calendar.

SJR 1284 Public Records & Meetings Exemptions: Proposes an amendment to Article I, section 24, of the Florida Constitution, stipulating that any exemption by the Legislature to the public’s constitutional right of access must be passed by a two-thirds vote of each house. Similar to HJR 327. Sen. Jack Latvala (R-Palm Harbor)

  • Senate: A minor technical amendment is adopted; passed the Senate (37/0) as amended. Now in H. Messages.

CS/SB 1440 Written Requests/Government Publications: Prohibits distribution of unsolicited copies of general reports or newsletter by government agencies, stipulating that agencies shall send reports or newsletters upon specific requests for particular reports or newsletters or general requests for all agency reports or newsletter, and allowing posting of general reports on agency websites. Similar to CS/HB 1205. Sen. Bill Posey (R-Rockledge)

  • S. Commerce Committee: Reported favorably. Now in S. Appropriations Subcommittee on General Government.

CS/SB 1478 DOI/Workpapers: Creates a public record exemption for workpapers prepared or received by the Department of Insurance (DOI) or received from an insurance supervisory official of another state in the performance of an examination or investigation of insurers. Similar to HB 1355. Sen. Charlie Clary (R-Destin)

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

CS/SB 1480 Department of Insurance: Creates a public record exemption for bank account numbers; debit, charge and credit card numbers; medical records; and all personal identifying information contained in financial and patient records held by the Department of Insurance (DOI) or its service providers Similar to CS/HB 1767. Sen. Charlie Clary (R-Destin)

  • S. Governmental Oversight Committee: Reported favorably. Now in S. Appropriations Subcommittee on General Government.

SB 1534 Personal Identifying Information/ParaTransit Services: Creates a public records exemption for personal identifying information in records relating to an individual’s health or eligibility for paratransit services under the federal Americans with Disabilities Act that are made or received by local governments or their service providers. Allows for disclosure of the exempt information with the express written consent of the individual, in a medical emergency, or by order of a court upon a showing of good cause. Similar to HB 687. Sen. Jim Sebesta (R-St. Petersburg)

  • S. Governmental Oversight Committee: A technical, clarifying amendment is adopted; reported favorably as a committee substitute. Now in S. Rules.

SB 1562 Record & Meeting Exemptions: Express legislative intent to enact legislation relating to exemptions for records and meetings relating to a statutorily-mandated review of Florida’s school code (ch. 240, F.S.). No House companion. Sen. Alex Villalobos (R-Miami)

  • S. Education Committee: An extensive strike all amendment, reenacting 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), expanding an exemption for university health services support organizations, and creating a new exemption for complaints and information obtained in an investigations by the Commission for Independent Education, is adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight.

CS/CS/SB 1588 Social Security Numbers: Creates a public record exemption for social security numbers held by an agency. Allows access by a commercial entity for legitimate business purposes, and requires each agency to report those requesting access to social security numbers by the end of each year. Finally, prohibits an agency from collecting social security numbers unless authorized by law to do so or unless the collection of such numbers is imperative for the performance of the agency’s governmental duties. Similar to CS/HB 1673. Sen. Locke Burt (R-Ormond Beach)

  • S. Judiciary Committee: A strike all amendment, requiring a commercial entity seeking access to social security numbers to provide a sworn written request and stipulating that person preparing or filing a document to be recorded in the official records by the county recorder may include a social security number in that document unless otherwise expressly required by law, is adopted; reported favorably as a committee substitute. Now in S. Rules.

HB 1675 Bank Account & Charge Card Numbers: Reenacts (and slightly modifies) a public record exemption for bank account numbers and debit, charge, and credit card numbers held by a government agency. A similar exemption sunsetted in October 2001 due to the Legislature’s failure to reenact the exemption during the 2001 session. (See HB 383 & SB 632, 2001 Session) Similar to SB 1230. H. State Administration

  • House: Passed the House (116/0). Now in S. Messages.

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. Education Committee: Reported favorably. Now in S. Governmental Oversight.

SB 1886 Identifying Information/Florida Retirement System: Creates a public record exemption for records identifying participants in the Public Employee Optional Retirement Program contained in Florida Retirement System records and their account activities. Identical to HB 935. Sen. Debby Sanderson (R-Ft. Lauderdale)

  • S. Governmental Oversight Committee: A strike all amendment narrowing the exemption to include only that information identifying a participant in the Public Employee Optional Retirement Program contained in Florida Retirement System records, is adopted; reported favorably as a committee substitute. Now in S. Rules.

SB 1996 Citizen’s Right to Honest Government: In pertinent part, SB 1996 prohibits the disclosure of active criminal investigative or intelligence information by a “public servant” with the intention of obstructing, impeding, or preventing a criminal investigation or prosecution if the information is not available to the general public and is gained by reason of the public servant’s official position. Also prohibits the disclosure of material information concerning a bid or other aspects of the competitive bidding process when such information is not publicly disclosed, and the concealment, destruction, mutilation, or alteration of any official record or document. Finally, stipulates that a person who provides information regarding suspected criminal violations committed by a public servant shall be considered a confidential informant or confidential source. Similar to HB 147. Sen. Jim Sebesta (R-St. Petersburg)

  • S. Ethics & Elections Committee: A minor technical amendment is adopted; reported favorably as a committee substitute. Now in S. Appropriations Subcommittee on Public Safety and Judiciary.

SB 2172 School Advisory Councils/Bylaws: Requires all school advisory councils to adopt bylaws establishing procedures for: requiring a quorum (a majority of the membership) to be present before a vote can be taken; requiring at least 3-days written notice to members of the council of anything coming up for a vote; scheduling meetings when parents, students, teachers, business persons and members of the community can attend; replacing members with two unexcused absences; and recording minutes of all meetings. Similar to CS/HB 1661. Sen. Ginny Brown-Waite (R-Brooksville)

  • S. Education Committee: A minor amendment is adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight.

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. Transportation Committee: Reported favorably. Now in S. Governmental Oversight.

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. Commerce Committee: A strike all amendment (1) stipulating that trade secret information shall retain its exempt and confidential status after the tax refund, tax credit, or incentive program ends; (2) prohibiting OTTED from releasing the total number of jobs expected and the amount of tax refunds claimed for a business applying for a tax refund based on obtaining a U.S. Department of Defense contract until the contract is awarded; and (3) narrowing the exemption for information relating to the wages paid for jobs created to exempt anticipated wages for project jobs and the average wage actually paid, is adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight.

NEW BILLS FILED

HB 2003 Florida Alzheimer’s Center and Research Institute: Creates a public record exemption for proprietary confidential business information, including internal auditing controls and reports; managed-care arrangement contracts; bids; banking records and credit agreements; corporate officer and employee personnel information; information relating to the proceedings and records of credentialing panels and the governing board; minutes of certain meetings of the governing board; marketing plans; trade secrets; and the identity of donors and potential donors. Also exempts all meetings of the governing board, except those at which the expenditure of state funds is discussed or reported. No Senate companion. H. Council for Healthy Communities and Rep. Mike Fasano (R-New Port Richey)

🙁 P – U!!!! THIS BILL IS SO OVERBROAD, WE DON’T KNOW WHERE TO BEGIN. INTERESTINGLY, THE BILL STARTS OUT BY SAYING THAT THE RECORDS AND MEETINGS OF THE INSTITUTE WILL BE SUBJECT TO THE SUNSHINE, AND THEN CLOSES ACCESS TO NEARLY ALL RECORDS AND MEETINGS.

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