2002 Legislative Review: Pre-Session Report

Foundation Members: The following is a list of the bills, grouped by general category, we will be tracking throughout the 2002 Legislative Session. As usual, we have selected those bills with open government and first amendment implications we think will be of interest to our members. After the summary of each open government bill, you will find a short analysis of the bill, including an easily recognizable indication of whether the bill is good or bad. Under this reporting system, 🙂 is Good and 🙁 is Bad. Those bills that are neither good nor bad will not be marked. During session, we will report any activity on these bills, as well as any new legislation that may be filed, on a weekly basis. All new bills are listed in numerical order. When the text of the bill and its companion are identical, only the first bill listed is analyzed. We suggest you keep this pre-session report, as the weekly reports will not contain a complete description of all the bills.

Open Government Sunset Review (OGSR): Under the Open Government Sunset Review Act of 1995, all exemptions to the Sunshine Law and Public Records Law must be reviewed and reenacted by the Legislature five years after the date of enactment, or the exemption will automatically “sunset”. The 2002 Legislature will be reviewing all exemptions created in 1997. Those bills will be included in our legislative reports and will be designated “OGSR”.

PUBLIC RECORDS and OPEN MEETINGS

SB 84 Nursing Homes/Internal Risk Management Records & Meetings: Simply revises the repeal date for exemptions for nursing home risk management records and meetings created during the 2001 Legislative Session (SB 1200). No House companion. Sen. Ginny Brown-Waite (R-Brooksville)

  • Senate: Pending withdrawal.
    THIS BILL DOES NOT AFFECT THE PUBLIC’S RIGHT OF ACCESS OR OVERSIGHT.

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)

THIS LEGISLATION, CREATING A LIMITED EXEMPTION TO THE PUBLIC’S RIGHT OF ACCESS, COMPLIES WITH THE CONSTITUTIONAL REQUIREMENTS FOR CREATING NEW EXEMPTIONS.

HB 107 DOI/Computer Modeling Data: Creates a public records exemption for any computer modeling data, calculations, assumptions, and methodologies developed for the purpose of any rate filing made by an insurance company to the Department of Insurance under chapter 627, Florida Statutes, relating to insurance rates and contracts. No Senate companion. Rep. Tim Ryan (D-Dania Beach)

? THIS BILL SEEMS NARROW AND LIMITED IN SCOPE, BUT WE HAVE TO WONDER WHETHER THE PROPOSED EXEMPTION WOULD HINDER PUBLIC OVERSIGHT OF DOI.

HB 131 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 SB 368. Rep. Evelyn Lynn (R-Ormond Beach)

  • H. State Administration Committee: Reported favorably; now in H. Council for Smarter Government.
    THIS BILL DOES NOT AFFECT THE PUBLIC’S RIGHT OF ACCESS OR OVERSIGHT.

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. No House companion. Sen. Locke Burt (R-Ormond Beach)

  • S. Criminal Justice Committee: Reported favorably; now in S. Appropriations Subcommittee on Public Safety and Judiciary.
    🙂 IT’S A LITTLE OFFBEAT, BUT WE LIKE THE APPROACH THIS BILL TAKES—THAT IS, LET’S FOCUS ON THE MISUSE OF PUBLIC RECORDS RATHER THAN LIMITING THE PUBLIC’S CONSTITUTIONAL RIGHT OF ACCESS TO THOSE RECORDS. FILED IN RESPONSE TO RECOMMENDATIONS MADE BY THE TASK FORCE ON PRIVACY AND TECHNOLOGY.

HB 147 Citizen’s Right to Honest Government: In pertinent part, HB 147 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. No Senate companion. Rep. Randy Ball (R-Titusville)

  • H. State Administration Committee: Reported favorably. Now in H. Judicial Oversight.
    THIS BILL IS NEARLY IDENTICAL TO LEGISLATION FILED DURING THE 2001 SESSION, CS/HB 3 AND CS/SB 714, IN RESPONSE TO RECOMMENDATIONS BY THE PUBLIC CORRUPTION TASK FORCE. IT DOES NOT CREATE AN EXEMPTION TO EITHER THE PUBLIC RECORDS LAW OR THE SUNSHINE LAW.

CS/HB 195 DOI/Delinquency Proceedings Records: Creates an exemption for records of an insurer subject to delinquency proceedings made or received by the Department of Insurance (DOI), including: underwriting files, records that would be privileged against discovery, medical records, non-managerial personnel and payroll records of the insurer; and claims information that identifies an insured or a claimant. Identical to SB 430. Rep. Anne Gannon (D-Delray Beach)

  • H. Insurance Committee: An amendment changing (and slightly expanding) the exemption for “records that would be privileged against discovery” to records that would be “privileged or protected” is adopted, as are other, minor changes; reported favorably as a committee substitute. Now in H. State Administration.
    THIS LEGISLATION, CREATING A LIMITED EXEMPTION TO THE PUBLIC’S RIGHT OF ACCESS, COMPLIES WITH THE CONSTITUTIONAL REQUIREMENTS FOR CREATING NEW EXEMPTIONS.

CS/SB 238 OGSR/Risk-Based Capital Information: Reenacts, with minor changes, s. 624.40851, F.S., providing an exemption for risk-based capital reports, plans, and working plans made by, furnished to, or filed with the Department of Insurance, and proceedings and hearings related to such reports or plans. Similar to HB 281. S. Banking & Insurance

  • S. Banking & Insurance Committee: Minor, technical changes adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight.
    THIS OGSR LEGISLATION REENACTS CURRENT LAW WITH MINOR CHANGES, AND MEETS THE CONSTITUTIONAL STANDARD.

HB 241 Crime Victim Photographs: Creates a public records exemption for photographs, digital images, video recordings, or other reproduction of crime scenes which reveal the remains of crime victims. Identical to SB 340. Rep. Dick Kravitz (R-Orange Park)

🙁 AN UNWARRANTED EXPANSION OF THE EXEMPTION FOR AUTOPSY PHOTOS CREATED LAST YEAR, HB 241 AND IT’S SENATE COMPANION, SB 340, WOULD EFFECTIVELY PRECLUDE ANY OPPORTUNITY FOR PUBLIC OVERSIGHT OF LAW ENFORCEMENT AGENCIES.

SB 250 OGSR/Practitioner Profiles: Reenacts, with minor technical changes, s. 456.046, F.S., providing an exemption for patient names and identifying information obtained by the Department of Health for the purpose of creating practitioner profiles, stipulating that other data received by DOH is exempt until the profile is made public. Similar to HB 277. S. Health, Aging & Long-Term Care

  • S. Health, Aging & Long-Term Care Committee: Reported favorably. Now in S. Governmental Oversight.
    THIS OGSR LEGISLATION REENACTS CURRENT LAW WITH MINOR CHANGES, AND MEETS THE CONSTITUTIONAL STANDARD.

SB 252 Health Care Practitioners: Amends the definition of “license” and “licensee” under s. 456.011, F.S., to include provisional licenses and provisional licensees. Also deletes public record and meeting exemptions in ss. 490.00515 and 491.0047 for information relating to impaired health care practitioners who hold provisional licenses or are provisional licensees. Note, however, that the information retains its exempt status due to the definitional change. Identical to HB 279. S. Health, Aging & Long-Term Care

  • S. Health, Aging & Long-Term Care Committee: Reported favorably. Now in S. Governmental Oversight.
    THIS OGSR LEGISLATION MEETS THE CONSTITUTIONAL STANDARD.

SB 254 OGSR/Managed Care Ombudsman Committee Records & Meetings: Reenacts, with minor changes, s. 641.67, F.S., providing an exemption for patient records and identifying information held by statewide and district managed care ombudsman, and s. 641.68, F.S., exempting portions of committee meetings where such information is discussed. Identical to HB 283. S. Health, Aging & Long-Term Care

  • S. Health, Aging & Long-Term Care Committee: Reported favorably. Now in S. Governmental Oversight.
    ? ALTHOUGH THIS OGSR LEGISLATION REENACTS CURRENT LAW WITH ONLY MINOR CHANGES AND MEETS THE CONSTITUTIONAL STANDARD, HOUSE STAFF HAD RECOMMENDED THAT THE EXEMPTION BE REPEALED. APPARENTLY, THERE ARE ONLY FOUR MANAGED CARE OMBUDSMAN COMMITTEES IN EXISTENCE, AND THERE HAVE BEEN NO CLOSED MEETINGS IN THE LAST FIVE YEARS. SO WHY DO WE NEED TO REENACT AN EXEMPTION THAT ISN’T USED?

HB 273 OGSR/Ethics Commission Meetings & Records: Reenacts, with minor changes, s. 112.324, F.S., providing an exemption for records relating to complaints filed with the Commission on Ethics and preliminary investigations conducted by the Commission until the complaint is dismissed as legally insufficient, until the alleged violator requests in writing that the records be made public, or until a finding of probable cause. Also exempts proceedings conducted by the Commission pursuant to a complaint or preliminary investigation. Identical to SB 352. H. State Administration

  • H. Council for Smarter Government: Reported favorably. On the House Calendar.
    THIS OGSR LEGISLATION REENACTS CURRENT LAW WITH MINOR CHANGES, AND MEETS THE CONSTITUTIONAL STANDARD.

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

  • S. Governmental Oversight Committee: Reported favorably. Now in S. Appropriations Subcommittee on General Government.
    THIS LEGISLATION DOES NOT CREATE AN EXEMPTION TO THE PUBLIC’S CONSTITUTIONAL RIGHT OF ACCESS. HOWEVER, WE NEED TO KEEP A CAREFUL EYE ON THE BILL AS IT MAKES ITS WAY THROUGH THE LEGISLATIVE PROCESS BECAUSE IT WILL BE A HUGE TEMPTATION TO THOSE LEGISLATORS WANTING TO CHANGE THE PUBLIC RECORDS LAW.

HB 275 OGSR/Deepwater Ports: Reenacts, without change, s. 315.18, F.S., providing a public records exemption for any proposal or counterproposal exchanged between a non-governmental entity and a deepwater port, and for financial records submitted by such entities relating to the sale, use, or lease of land. Identical to SB 476. H. State Administration

  • H. Council for Smarter Government: Reported favorably. On the House Calendar.
    THIS OGSR LEGISLATION REENACTS CURRENT LAW WITHOUT CHANGE, AND MEETS THE CONSTITUTIONAL STANDARD.

HB 277 OGSR/Practitioner Profiles: Virtually identical to SB 250. H. State Administration

  • H. Council for Smarter Government: Reported favorably. On the House Calendar.

HB 279 Health Care Practitioners: Identical to SB 252. H. State Administration

  • H. Council for Smarter Government: Reported favorably. On the House Calendar.

HB 281 OGSR/Risk-Based Capital Information: Virtually identical to SB 238. H. State Administration

  • H. Council for Smarter Government: Reported favorably. On the House Calendar.

HB 283 OGSR/Managed Care Ombudsman Committee Records & Meetings: Identical to SB 254. H. State Administration

  • H. Council for Smarter Government: Reported favorably. On the House Calendar.

HB 285 OGSR/Victim & Witness Information: Reenacts, with minor technical changes, s. 914.27, F.S., providing an exemption for information held by any state or local law enforcement agency, state attorney, the statewide prosecutor, the Victim and Witness Protection Review Committee, or FDLE which discloses the identity or location of a victim or witness who has been identified or certified for protection or relocation. Section 914.27 also exempts the identity or location information of victim or witness family members, relocations sites, techniques, and procedures and permanent relocation information. Identical to SB 394. H. State Administration

  • H. Council for Smarter Government: Reported favorably. On the House Calendar.
    THIS OGSR LEGISLATION REENACTS CURRENT LAW WITH MINOR CHANGES, AND MEETS THE CONSTITUTIONAL STANDARD.

HB 287 OGSR/Florida Violent Crime Council: Reenacts, with minor changes, s. 943.031(7), F.S., providing an exemption for portions of meetings of the Florida Violent Crime and Drug Control Council at which active criminal investigative or active criminal intelligence information is discussed. Tape recordings, minutes, and notes generated during the closed portions of such meetings are exempt until the criminal investigation or criminal intelligence information ceases to be active. Identical to SB 396. H. State Administration

  • H. Council for Smarter Government: Reported favorably. On the House Calendar.
    THIS OGSR LEGISLATION REENACTS CURRENT LAW WITH MINOR CHANGES, AND MEETS THE CONSTITUTIONAL STANDARD.

CS/HB 323 Vehicle Crash Reports: Amends s. 316.066, F.S., exempting information that would identify those persons involved in an auto accident for 60 days afer the crash, to allow access to the exempt information by public or private organizations facilitating organ and tissue donations. Similar to SB 1030. Rep. Carey Baker (R-Eustis)

  • H. State Administration Committee: Amended to (1) delete the provision allowing access to the exempt information by public or private organizations facilitating organ and tissue donations; (2) allow access to the exempt information by local government agencies; and (3) require government agencies receiving the crash reports to maintain the confidential and exempt status of such reports. Reported favorably as a committee substitute. Now in H. Insurance.
    THIS LEGISLATION DOES NOT CREATE A NEW EXEMPTION. HOWEVER, SINCE CREATION OF THE EXEMPTION FOR CRASH REPORTS BECAME EFFECTIVE, THERE HAVE BEEN NUMEROUS COMPLAINTS FROM GOVERNMENT EMPLOYEES ABOUT THE EXEMPTION, AND WE WOULD HOPE THAT THE H. INSURANCE COMMITTEE WOULD TAKE A CAREFUL LOOK AT THE EXEMPTION AND ITS PENALTY PROVISION WITH AN EYE TOWARDS FIXING CURRENT LAW.

HJR 327 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. No Senate companion. Rep. John Carassas (R-Largo)

🙂 ALTHOUGH HJR 327 WILL HAVE LITTLE EFFECT ON THE PASSAGE OF NEW EXEMPTIONS TO OUR CONSTITUTIONAL RIGHT OF ACCESS (MOST EXEMPTIONS PASS BY WIDE MARGINS), THE INTENT IS GOOD AND REP. CARASSAS DESERVES STRONG SUPPORT FOR THIS LEGISLATION.

SB 340 Crime Victim Photographs: Identical to HB 241. Sen. Rod Smith (R-Gainesville)

SB 352 OGSR/Ethics Commission Meetings & Records: Identical to HB 273. S. Ethics & Elections

  • S. Ethics & Elections Committee: Reported favorably. Now in S. Governmental Oversight.

SB 368 Public Library Registration & Circulation Records: Identical to HB 131. Sen. Stephen Wise (R-Jacksonville)

SB 378 Public Utility Records: Creates a public records exemption for information held by a public utility company that would identify a customer of such utility, including name; social security number; address; telephone number; usage records; payment history; bank account, debit, charge or credit card numbers; and driver identification number. Similar to HB 445. Sen. Stephen Wise (R-Jacksonville)

🙁 ACCORDING TO THE CONSTITUTIONALLY-REQUIRED STATEMENT OF PUBLIC NECESSITY, THIS BILL IS NECESSARY TO PROTECT PUBLIC UTILITY CUSTOMERS FROM IDENTITY THEFT. HUH? HOW DOES EXEMPTING USAGE RECORDS PROTECT US FROM IDENTITY THIEVES? A SOCIAL SECURITY NUMBER MAYBE, BUT USAGE RECORDS? GIVE US A BREAK! SB 378 AND ITS HOUSE COMPANION, HB 445, ARE UNCONSTITUTIONALLY OVERBROAD AND CONSTITUTE BAD PUBLIC POLICY.

SB 394 OGSR/Victim & Witness Information: Identical to HB 285. S. Criminal Justice

  • S. Criminal Justice Committee: Reported favorably. Now in S. Rules.

SB 396 OGSR/Florida Violent Crime Council: Identical to HB 287. S. Criminal Justice

  • S. Criminal Justice Committee: Reported favorably. Now in S. Rules.

CS/SB 430 DOI/Delinquency Proceedings Records: Similar to CS/HB 195. Sen. Ron Klein (D-Delray Beach)

  • S. Banking & Insurance Committee: A “strike all” amendment conforming SB 430 to its House companion is adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight.

HB 431 Identifying Information/Guardian Ad Litem: Creates a public record exemption for the home addresses, telephone numbers, social security numbers, and photographs of current or former staff and certified volunteers of child guardian ad litem programs. Also exempts similar information for spouses, and the names and locations of schools and day care facilities attended by the children of such persons. No Senate companion. Rep. Ken Sorenson (R-Key Largo)

  • H. State Administration Committee: Reported favorably. Now in H. Council for Smarter Government.
    ALTHOUGH THIS PROPOSED EXEMPTION IS FAIRLY NARROW, IT ADDS TO A GROWING LAUNDRY LIST OF GOVERNMENT EMPLOYEES WITH EXEMPT ADDRESSES AND TELEPHONE NUMBERS. THE EXEMPTION FOR VOLUNTEERS MAY BE JUSTIFIED, BUT WHY STAFF?

HB 445 Public Utility Records: Similar to SB 378. Rep. Mike Hogan (R-Jacksonville)

  • H. State Administration Committee: A “strike all” amendment that would narrow the exemption to cover only personal identifying information (including name; home address social security number; taxpayer identification number; telephone number; bank account number; debit, credit or charge card numbers; and driver identification number) is adopted; reported favorably with one amendment. Now in H. Council for Smarter Government.

CS/SB 468 Abandoned Property Records: Creates a public record exemption for social security numbers and financial account numbers in reports to the Department of Banking and Finance of abandoned or unclaimed property. Identical to HB 543. Sen. Locke Burt (R-Ormond Beach)

  • S. Banking & Insurance Committee: A “strike all” amendment making minor, technical changes is adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight.
    THIS LEGISLATION, CREATING A LIMITED EXEMPTION TO THE PUBLIC’S RIGHT OF ACCESS, COMPLIES WITH THE CONSTITUTIONAL REQUIREMENTS FOR CREATING NEW EXEMPTIONS.

SB 476 OGSR/Deepwater Ports: Identical to HB 275. S. Transportation

  • S. Transportation Committee: Reported favorably. On the Senate Calendar.

SB 486 Security System Plans: Reenacts, and slightly expands, the current exemption in s. 281.301, F.S., for information relating to security systems and meetings related to such information. Under current law, all records, information, photographs, audio and visual presentations, schematic diagrams, surveys, recommendations, or consultations revealing security systems are exempt, as are all meetings relating directly to or that would reveal such systems. SB 486 slightly expands the exemption to include threat assessments, threat-response plans, emergency-evacuation plans, sheltering arrangements, or manuals for security personnel, emergency equipment, or security training. The bill also re-codifies the meetings exemption, moving the exemption for portions of meetings which would reveal security system plans to s. 286.0113, F.S. Similar to HB 735. Sens. Ginny Brown-Waite (R-Brooksville); Rod Smith (D-Gainesville)

THIS LEGISLATION IS VIRTUALLY IDENTICAL TO A BILL, CS/SB 16-C, PASSED DURING SPECIAL SESSION 2000-C, AND SHOULD BE WITHDRAWN FROM FURTHER CONSIDERATION.

SB 488 Hospital Emergency Management Plans: Creates a public records exemption for portions of a comprehensive emergency-management plan which address the response of a public or private hospital to an act of terrorism, including those portions addressing security systems or plans; vulnerability analyses; emergency evacuation transportation; sheltering arrangements; post-disaster activities and transportation; supplies, including drug caches; staffing; emergency equipment; and individual identification of residents, transfer of records, and methods of responding to family inquiries. Also exempts portions of public meetings relating directly to or revealing information regarding such plans. Stipulates that the certification of the sufficiency of a plan by the Governor is a public record. Similar to HB 729. Sens. Ginny Brown-Waite (R-Brooksville); Rod Smith (D-Gainesville)

THIS LEGISLATION IS VIRTUALLY IDENTICAL TO A BILL, CS/SB 18-C, PASSED DURING SPECIAL SESSION 2000-C, AND SHOULD BE WITHDRAWN FROM FURTHER CONSIDERATION.

SB 490 Pharmaceutical Materials and Depositories: Creates a public records exemption for the type or amount of pharmaceutical materials or the location of any pharmaceutical depository maintained as a response to an act of terrorism. Stipulates that the certification of the sufficiency or amount of the pharmaceutical or the security of the depository is a public record. Identical to HB 733. Sens. Ginny Brown-Waite (R-Brooksville); Rod Smith (D-Gainesville)

THIS LEGISLATION IS SIMILAR TO A BILL, CS/SB 20-C, PASSED DURING SPECIAL SESSION 2000-C, AND SHOULD BE WITHDRAWN FROM FURTHER CONSIDERATION.

SB 492 Law Enforcement Transmittal Letters: Creates a public records exemption for requests of law enforcement agencies to inspect or copy public records in the custody of another agency, the custodial agency’s responses to such requests, and any information that would identify the records requested pursuant to an active criminal investigation so long as the investigation is active. Stipulates that the law enforcement agency must notify the custodial agency when the investigation is complete or no longer active. Similar to HB 741. Sens. Ginny Brown-Waite (R-Brooksville); Rod Smith (D-Gainesville)

THIS LEGISLATION IS VIRTUALLY IDENTICAL TO A BILL, CS/SB 22-C, PASSED DURING SPECIAL SESSION 2000-C, AND SHOULD BE WITHDRAWN FROM FURTHER CONSIDERATION.

SB 494 Automatic Delay/Public Record Requests: Creates a mechanism by which the Florida Department of Law Enforcement (FDLE) can automatically delay access to public records normally open to inspection and copying for the purpose of preventing or investigating acts of terrorism, as follows: Requires an agency to delay the inspection or copying of a public record for up to seven days if the FDLE executive director requests the delay and certifies in writing (1) the specific record for which access is to be delayed; (2) that the record is necessary for investigation of a threat of a terrorist act; (3) that the record is part of an active criminal investigation or is active criminal intelligence information; (4) that access would jeopardize the ability of law enforcement to prevent or reduce the threat of an act of terrorism; (5) the specific time period during which access is to be delayed; and (6) that FDLE will file a petition in circuit court within 24 hours after submitting the request for delay in release of the record. Also requires FDLE to file a petition with the circuit court having jurisdiction in the district in which the custodial agency has its head office within 24 hours. Stipulates that the court, after an in camera review of the request, may issue an order delaying inspection or copying of the identified record if FDLE establishes by substantial competent evidence that: (1) there is a viable threat of a terrorist act; (2) the identified record constitutes active criminal intelligence or investigative information; (3) inspection or copying of the record would jeopardize the ability of law enforcement to prevent or reduce the threatened act of terrorism; and (4) FDLE has complied with the previous requirements for delaying the request. Upon making such a determination, the court may order the custodial agency to delay the request until expiration of the 7 days or up expiration of any extension of that period. In order to extend the delay, FDLE must apply to the court for an extension before the expiration of the period specified for delay or the 7-day period, whichever applies. The court may then extend the delay for an additional 14 days if FDLE shows by substantial competent evidence that (1) there is a viable threat of a terrorist act; (2) the public record at issue is active criminal intelligence or investigative information related to the threat; and (3) access would jeopardize the ability of law enforcement to prevent or reduce the threat, a court, after an in- camera review, can extend the delay for an additional fourteen days. Sunsets October 2, 2003. No House companion. Sens. Ginny Brown-Waite (R-Brooksville); Rod Smith (D-Gainesville)

🙁 VERY SIMILAR TO LEGISLATION CONSIDERED (AND NOT PASSED) DURING THE TWO SPECIAL SESSIONS RELATING TO SECURITY IN RESPONSE TO THE TERRORIST ATTACKS OF SEPTEMBER 11, THIS BILL VIOLATES THE CONSTITUTIONAL STANDARD FOR CREATION OF NEW EXEMPTIONS AND CONSTITUTES AN UNCONSTITUTIONAL TRANSFER OF LEGISLATIVE AUTHORITY. WE’VE BRANDED THIS BILL THE AMORPHOUS, MOVING-TARGET EXEMPTION AND THE MT. EVEREST OF SLIPPERY SLOPES!

SB 498 Campaign Finance/Candidate Records: Requires any person purchasing a political advertisement naming or depicting a candidate for office during the 60 days before an election to disclose the source of the funds expended, the amount expended, and the recipient of the funds. Stipulates who is responsible for maintaining such information. No House companion. Sen. Rod Smith (D-Gainesville)

THIS BILL DOES NOT AFFECT THE PUBLIC’S RIGHT OF ACCESS.

HB 539 Records Retention: Amends various statutory provisions relating to retention of public records, clarifying retention requirements. No Senate companion. H. Tourism Committee

THIS BILL DOES NOT AFFECT THE PUBLIC’S RIGHT OF ACCESS OR OVERSIGHT.

HB 543 Abandoned Property Records: Identical to SB 468. Rep. Nancy Detert (R-Venice)

SB 638 Health Care Records: Creates a public records exemption for patient identifying information reported to the Department of Legal Affairs under the electronic system for monitoring the prescribing of controlled substances. Allows the Department to release the information under specified conditions. Identical to HB 699. Sen. Locke Burt (R-Ormond Beach)

THIS LEGISLATION, CREATING A LIMITED EXEMPTION TO THE PUBLIC’S RIGHT OF ACCESS, COMPLIES WITH THE CONSTITUTIONAL REQUIREMENTS FOR CREATING NEW EXEMPTIONS.

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)

THIS IS WHAT IS CALLED A “SHELL” BILL. TECHNICALLY, A REQUEST FOR BILL DRAFTS MUST BE FILED BY A CERTAIN DATE; IN ORDER TO MEET THE DEADLINE, LEGISLATORS WILL FILE “SHELL” BILLS WITH THE INTENTION OF AMENDING THE “SHELL” AT A LATER DATE. BECAUSE ARTICLE I, SECTION 24, FLA. CON., REQUIRES THAT ALL SUNSHINE EXEMPTIONS BE IN SINGLE SUBJECT BILLS, EACH SESSION WE SEE A FAIR NUMBER OF SHELL BILLS FILED. WE’RE INCLUDING THEM IN THIS REPORT SO THAT YOU’LL BE AWARE IF AND WHEN THEY ARE AMENDED. WE’LL KEEP OUR EYES ON THESE, AND WILL REPORT ANY CHANGES.

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)

SHELL BILL

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)

SHELL BILL

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)

SHELL BILL

SB 652 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)

SHELL BILL

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)

SHELL BILL

SB 656 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)

SHELL BILL

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)

SHELL BILL

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)

SHELL BILL

SB 668 Study Commission/Court Records: Creates a Study Commission on Public Records, with members to be appointed by the House Speaker, the Senate President, the Governor, the Chief Justice of the Florida Supreme Court, the Florida Association of Circuit Court Clerks and Comptroller, and the Florida Bar, for the purpose of developing policy guidelines and recommending changes to court procedures, rules, organizational structure, and laws governing privacy, confidentiality, admissibility of evidence, and public access. Requires the Commission to address certain, specified issues relating to on-line and Internet access to court records containing sensitive information. No House companion. S. Judiciary Committee

ALTHOUGH THIS SB 668 DOES NOT CREATE AN EXEMPTION TO THE PUBLIC’S RIGHT OF ACCESS, THE ACTIVITIES OF THE STUDY COMMISSION MUST BE CLOSELY MONITORED. THE BILL REQUIRES THE SENATE PRESIDENT TO APPOINT A REPRESENTATIVE OF THE FIRST AMENDMENT FOUNDATION TO THE COMMISSION, SO WE WILL BE ASSURED, AT LEAST, A VOICE IN THE COMMISSION’S WORK.

HB 687 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. No Senate companion. Rep. Fred Brummer (R-Apopka)

THIS LEGISLATION, CREATING A LIMITED EXEMPTION TO THE PUBLIC’S RIGHT OF ACCESS, COMPLIES WITH THE CONSTITUTIONAL REQUIREMENTS FOR CREATING NEW EXEMPTIONS.

HB 699 Health Care Records: Identical to SB 638. Rep. Larry Crow (R-Dunedin)

HB 729 Hospital Emergency Management Plans: Similar to SB 488. H. Select Committee on Security

HB 731 Aerial Applicators: Creates a public records exemption for all names, addresses, and restricted use license numbers of any person engaged in aerial application of pesticides, fertilizers, or seed; the FAA aircraft registration number of any aircraft used for aerial application; and the name and address of any person or entity that sells, lease, purchases, rents, or transfers any aircraft used for aerial application of such material. Similar to SB 970. H. Select Committee on Security

🙁 WHY? FORGET GOVERNMENTAL OVERSIGHT OR ACCOUNTABILITY. THIS EXEMPTION IS UNCONSTITUTIONALLY OVERBROAD AND LACKS SUFFICIENT JUSTIFICATION.

HB 733 Pharmaceutical Materials and Depositories: Identical to SB 490. H. Select Committee on Security

HB 735 Security System Plans: Similar to SB 486. H. Select Committee on Security

HB 737 Law Enforcement Officers/Cellular Telephone Numbers: Creates a public records exemption for the cellular telephone number of a law enforcement officer or former officer used in the course of his or her employment, and the cellular telephone billing record. No Senate companion. H. Select Committee on Security

🙁 THE STATED JUSTIFICATION FOR THIS EXEMPTION IS THAT A LAW ENFORCEMENT OFFICER CAN BE IDENTIFIED BY HIS/HER CELLULAR TELEPHONE NUMBER. HOW? IT IS COMMON PRACTICE, WE’RE TOLD, FOR A LAW ENFORCEMENT OFFICER TO PRINT HIS/HER CELLULAR TELEPHONE NUMBER ON THE OFFICER’S BUSINESS CARD. IF SO, WHAT’S THE POINT OF THIS EXEMPTION? IN ADDITION, PROHIBITING ACCESS TO A BILLING RECORD PRECLUDES ANY OPPORTUNITY FOR PUBLIC OVERSIGHT AND IS AN UNWARRANTED EXPANSION OF CURRENT LAW.

HB 739 Law Enforcement Officers/Electronic Pager Telephone Numbers: Creates a public records exemption for the electronic pager number of a law enforcement officer or former officer used in the course of his or her employment, and the cellular telephone billing record. No Senate companion. H. Select Committee on Security

🙁 AGAIN, WHAT’S THE POINT? OVERSIGHT? ACCOUNTABILITY?

HB 741 Law Enforcement Transmittal Letters: Similar to SB 492. H. Select Committee on Security

SB 970 Aerial Applicators: Similar to HB 731, but does not exempt FAA registration numbers. Sen. Durrell Peaden (R-Crestview)

SB 980 Public Records Exemption: Expresses the intent of the legislature to create an exemption to the Public Records Law in order to preserve public safety. No House companion. Sen. Ginny Brown-Waite (R-Brooksville)

SIMILAR TO THE “SHELL” BILLS ABOVE, THIS BILL IS SPECIFIC TO THE ISSUE OF PUBLIC SAFETY. THE QUESTION IS WHY THE SENATE FEELS THE NEED TO FILE SO MANY SHELL BILLS. AREN’T THE NINE LISTED ABOVE ENOUGH?

SB 982 Public Records Exemption: Expresses the intent of the legislature to create an exemption to the Public Records Law in order to preserve public safety. No House companion. Sen. Ginny Brown-Waite (R-Brooksville)

SHELL BILL

SB 984 Public Records Exemption: Expresses the intent of the legislature to create an exemption to the Public Records Law in order to preserve public safety. No House companion. Sen. Ginny Brown-Waite (R-Brooksville)

SHELL BILL

SB 986 Public Records Exemption: Expresses the intent of the legislature to create an exemption to the Public Records Law in order to preserve public safety. No House companion. Sen. Ginny Brown-Waite (R-Brooksville)

SHELL BILL

SB 1030 Vehicle Crash Reports: Identical to CS/HB 323. Sen. Locke Burt (R-Ormond Beach)

FIRST AMENDMENT ISSUES

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 at least half of the library’s public-use computers. Identical to SB 392 and SB 404. Rep. Allen Trovillion (R-Winter Park)

SB 392 Public Libraries and Obscenity: Identical to HB 95 and SB 404. Sen. Stephen Wise (R-Jacksonville)

SB 404 Public Libraries and Obscenity: Identical to HB 95 and SB 392. Sen. Skip Campbell (D-Tamarac)

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