2003 Legislative Report for Period Ending April 11

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W Withdrawn from further consideration

For Period Ending: April 11

HB 123 Exemption/Cell Phone Numbers, Pager Numbers, E-Mail Addresses: Creates a public record exemption for cellular telephone numbers, pager numbers, e-mail addresses, ID numbers and access codes, as well as all associated billing records, for active or former law enforcement personnel, including correctional and probation officers, and specified personnel of the Department of Children & Family Services, Department of Health, Department of Revenue, and local governments. Identical to SB 1666. Rep. Charlie Dean (R-Inverness)

  • H. State Administration Committee: A strike all amendment, restricting the application of the exemption to active and former law enforcement officers only and requiring that any apparent misuse of cellular telephones or electronic pagers noted during an audit by the Auditor General must be reported to the responsible governing party, is adopted; reported favorably as a committee substitute. Now in H. Criminal Justice Committee.

HB 207 Pharmacies/Patient Records: Requires the Board of Pharmacy to adopt rules establishing guidelines for pharmacies to dispose of patient records, stipulating that such rules must be consistent with the duty to preserve the confidentiality of the records. Similar to SB 2670. Rep. David Mealor (R-Lake Mary)

  • H. State Administration Committee: Reported favorably. Now on House Calendar.

CS/HB 387 Exemption/H. Lee Moffitt Cancer Center: Expands the exemption in s. 1004.43, F.S., for certain records of the H. Lee Moffitt Cancer Center to include specific materials and information exempted under s. 1004.22 (2), F.S., including materials that relate to methods of manufacture or production, potential trade secrets, potentially patentable material, actual trade secrets, business transactions resulting from research, or proprietary information received, generated, ascertained, or discovered during the course of research conducted within the state universities. Also exempts information received that is otherwise exempt pursuant to federal law or that of another state. Similar to CS/SB 2216. Rep. Kevin Ambler (R-Tampa)

  • H. State Administration Committee: An extensive amendment, expanding the public record exemptions (s. 1004.445, F.S.) and creating a public meeting exemption for the Florida Alzheimer’s Center and Research Institute, is adopted; reported favorably with one amendment. As amended, CS/HB 387 exempts records for the H. Lee Moffitt Cancer Center, as above. It also creates exemptions for the following records of the Alzheimer’s Institute: (1) proprietary confidential business information; (2) internal auditing controls and reports of internal auditors; (3) contracts for managed-care arrangements; (4) bids or other contractual data, banking records, and credit agreements; (5) information relating to private contractual data; (6) corporate officer and employee personnel information; (7) information relating to the proceedings and records of the credentialing panels and committees and of the governing board of the Institute relating to credentialing; (8) minutes of meetings of the governing board unless the meetings are open to the public; and (9) information that reveals plans for marketing services. Also creates an exemption for all meetings of the Institute’s governing board unless the board is discussing the expenditure of state funds. Now on the House Calendar.

HB 451 Exemption/Public Utility Records: Creates a public record exemption for personal identifying information held by a public water, wastewater, natural gas, electric, cable television, or telecommunications utility. Defines “personal identifying information” as a customer’s name; social security number; taxpayer identification number; address; telephone number; bank account number; debit, charge, and credit card numbers; and driver identification number. Stipulates that the exemption applies retroactively. Similar to CS/SB 304. Rep. Mike Hogan (R-Jacksonville)

  • H. State Administration Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 451 exempts all personal identifying information held by public utilities, stipulating that the exemption does not apply to public officers [as defined in s. 112.061(2), F.S.] or members of a water management district governing board, and deletes debit, charge, and credit card numbers from the definition of “personal identifying information”. Also allows access to the exempt personal identifying information by court order, stipulating that (1) the court may prescribe any restrictions or stipulations on the ordered right of access “that the court deems appropriate” and (2) that a customer be given reasonable notice of requests for access and reasonable notice of the opportunity to be present and be heard. Now in H. Energy Committee.

SB 462 OGSR/Rabies Vaccination Certificates: Reenacts, without change, the exemption under s. 828.30(5), F.S., for information identifying the owner of the animal vaccinated in a rabies vaccination certificate provided to animal control authorities, authorizing access to all information in a rabies vaccination certificate by the physician of, or by any person who has been bitten, scratched, or otherwise exposed to rabies. Also allows access by federal, state, and local law enforcement agencies, other animal control authorities, and emergency medical response, disease control, or other governmental health agencies, but prohibits public release of the information. Stipulates that a person with an animal tag number may receive the vaccination certificate information, and that any person who makes a written request may view or copy any individual rabies vaccination certificate, one certificate at a time. Also stipulates that a copy of any database may be obtained, but that the owner’s name, street address, phone number, and animal tag number must be deleted. Similar to HB 1037. S. Agriculture Committee

  • S. Governmental Oversight Committee: A strike all amendment, conforming SB 462 to its House companion, is adopted; reported favorably as a committee substitute. As amended, CS/SB 462 narrows the exemption under s. 828.30(5), F.S., for information identifying the owner of the animal vaccinated in a rabies vaccination certificate provided to animal control authorities, exempting only the owner’s name, street address, phone number, and the animal tag number. It also deletes the requirement that requests for such information be made in writing, as well as the provision relating to copies of rabies vaccination certificate databases. Now in S. Rules Committee.

CS/SB 566 Medical Malpractice: Creates (1) a public record exemption for information contained in patient safety data [defined in CS/SB 562 as “any data, reports, records, memoranda, or analyses of patient safety events and adverse incidents” submitted to the Florida Center of Health Care Excellence “or the corrective actions taken in response” to such events or incidents (emphasis added)] held by the Florida Center for Excellence in Health Care, and (2) all patient records obtained by the Center and any other documents maintained by the Center which identify the patient by name, and (3) a public meeting exemption for portions of Center meetings at which such exempt information is discussed. (4) Allows disclosure of the exempt information with the express written consent of the individual; by court order; or to a health research entity or licensed health insurer if the entity or insurer seeks the records or data pursuant to a research protocol approved by the Center, allowing the Center to deny requests and restrict the use of the exempt information. No House companion. Sen. Burt Saunders (R-Naples)

  • S. Judiciary Committee: A strike all amendment, narrowing the public record exemption, is adopted; reported favorably as a committee substitute. As amended, CS/SB 566 exempts (1) patient identifying information contained in patient safety data or other records held by the Center, and (2) portions of Center meetings during which such exempt information is discussed. Allows for disclosure of the exempt information as above.

CS/HB 983 Exemption/Paternity Registry: Creates a public records exemption for all information contained in the putative father registry (those putative fathers wishing to claim paternity and assert parental rights) maintained by the Office of Vital Statistics. Similar to SB 2526. Rep. Mark Mahon (R-Jacksonville)

  • H. State Administration Committee: An amendment allowing access to the exempt information by certain, specified entities is adopted; reported favorably as amended. Now on the House Calendar.

HB 997 Exemption/Prescription Drug Records: As amended, creates a public records exemption for all information (including that information identifying patients, physicians, and pharmacists) and records reported under s. 893.055, F.S., which requires creation of an electronic system to monitor prescription of certain controlled substances by Florida health care practitioners. Similar to SB 1784. Rep. Gayle Harrell (R-Port St. Lucie)

  • H. Health Care Committee: Reported favorably as a committee substitute; now in H. State Administration.

HJR 1135 Judicial Nominating Commission Proceedings: Proposes an amendment to Article V, section 11, of the Florida Constitution, to require that deliberations and records of the Judicial Nominating Commission be open to the public. Identical to SJR 2250. Rep. Fred Brummer (R-Apopka)

  • H. Judiciary Committee: Unfavorable (3/14).

CS/SB 1374 Florida Administrative Weekly: Requires the Department of State (DOS) to (1) publish the Florida Administrative Weekly (FAW) on an Internet web site established and maintained by the State Technology Office; and (2) review meeting notices for compliance with format and numbering requirements. CS/SB 1374 also (3) stipulates that the FAW must allow users to search for notices by type, publication date, rule number or agency; search by word or subject; search a permanent database that archives all notices published on the web site; and subscribe to an automated e-mail notification of selected notices. Finally, (4) stipulates that agencies will not be charged for publishing in the electronic FAW and that access to the FAW web site shall be free for agencies and the general public. (5) Publication of the paper version of the FAW will be discontinued as of December 31, 2003. Similar to HB 1157. Sen. Durell Peaden (R-Crestview)

  • S. Commerce Committee: Reported favorably. Now in S. Appropriations Subcommittee on Transportation & Economic Development.

SB 1434 Public Libraries: Amends various provisions in ch. 257, F.S., relating to public libraries. Similar to HB 49. Sen. Rudy Garcia (R-Hialeah)

  • S. Governmental Oversight Committee: An amendment, adding the language of SB 192, is adopted; reported favorably as a committee substitute. As amended, CS/SB 1434, in pertinent part, amends the public record exemption for library registration and circulation records in s. 257.261, F.S., to allow access to the exempt information by parents or guardians of library patrons under the age of 16 for the purpose of collecting fines or recovering overdue library materials. Now in S. Appropriations Subcommittee on Transportation and Economic Development.

SB 1440 OGSR/Domestic Violence Victims: Reenacts, with minor modification, the public records exemption for the addresses, telephone numbers, and social security numbers of participants in the Address Confidentiality Program for Victims of Domestic Violence in s. 741.465, F.S., allowing release of the exempt information under certain, specified circumstances. Also reenacts an exemption for the name, address, or telephone numbers of program participants contained in voter registration records held by supervisors of elections. [NOTE: This exemption was created five years ago, but the enacting legislation violated the single subject requirement under Art. I, s. 24, of the Fla. Con. SB 1440 reenacts the exemption and subjects it to the OGSR Act as if it were a new exemption.] Similar to HB 1763. S. Children & Families Committee

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

SB 1666 Exemption/Cell Phone Numbers, Pager Numbers, E-Mail Addresses: Creates a public record exemption for cellular telephone numbers, pager numbers, e-mail addresses, ID numbers and access codes, as well as all associated billing records, for active or former law enforcement personnel, including correctional and probation officers, and specified personnel of the Department of Children & Family Services, Department of Health, Department of Revenue, and local governments. Identical to HB 123. Sen. Bill Posey (R-Rockledge)

  • S. Criminal Justice Committee: A strike all amendment, conforming SB 1666 to its House companion, CS/HB 123 (reported above), is adopted. Reported favorably as a committee substitute. Now in S. Governmental Oversight Committee.

SB 1768 Publication Information: Prohibits government agencies from mailing general unsolicited reports to any person on the state with certain, specified exceptions. Identical to HB 559. Sen. J.D. Alexander (R-Winter Haven)

  • S. Comprehensive Planning Committee: Reported favorably. Now on Senate Calendar.

SB 1784 Exemption/Prescription Drug Records: Creates a public records exemption for patient identifying information in records reported under s. 893.055, F.S., which requires creation of an electronic system to monitor prescription of certain controlled substances by Florida health care practitioners. Similar to CS/HB 997. Sen. Mike Fasano (R-New Port Richey)

  • S. Health, Aging & Long-Term Care Committee: A strike all amendment making minor changes is adopted; reported favorably as a committee substitute. Now in S. Criminal Justice Committee.

CS/SB 2216 Exemption/H. Lee Moffitt Cancer Center: Expands the exemption in s. 1004.43, F.S., for certain records of the H. Lee Moffitt Cancer Center to include specific materials and information exempted under s. 1004.22 (2), F.S., including materials that relate to methods of manufacture or production, potential trade secrets, potentially patentable material, actual trade secrets, business transactions resulting from research, or proprietary information received, generated, ascertained, or discovered during the course of research conducted within the state universities. Also exempts information received that is otherwise exempt pursuant to federal law or that of another state. Similar to CS/HB 387. Sen. Les Miller (D-Tampa)

  • S. Health, Aging & Long-Term Care Committee: Three minor amendments adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight Committee.

SB 2416 Exemption/Motor Vehicle Registrants: Amends s. 119.07(3)(aa), F.S., which stipulates that personal information in motor vehicle records is exempt from disclosure at the request of the subject of the record (in other words, to “opt-out” of the public record), to create an exemption for personal information identifying motor vehicle registrants. Allows access to the exempt information by certain, specified persons. No House companion. Sen. Jim Sebesta (R-St. Petersburg)

  • S. Transportation Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 2416 creates a public record exemption for a motor vehicle dealer’s name or identification number in motor vehicle title histories or registration database, and allows access under certain conditions and by certain entities, including newspapers qualified to publish legal notices and free newspapers of general circulation. Now in S. Judiciary Committee.

SB 2684 Chapter 119/Reorganization: Makes various changes to public record requirements, including: (1) minor amendments to various statutes relating to retention of records; (2) creation of s. 39.2021, F.S., allowing a person or organization to petition the court for release of child abuse records held by the Department of Children & Family Services; (3) reorganization of chapter 119, F.S., Florida’s Public Records Law, deleting redundant provisions, grouping together similar topics, adding a definition of “redact”, and streamlining and organizing the chapter in a more logical fashion; and (4) making minor technical corrections to statutory references. No House companion. Sen. Stephen Wise (R-Jacksonville)

  • S. Governmental Oversight Committee: Two amendments, (1) amending section (3) of the bill to return the statement of policy regarding access to public records in s. 119.01(1), F.S., to its current language, and (2) adding the substance of HB 1765, which deletes numerous statements of public necessity that were codified in error, are adopted; reported favorably as a committee substitute. Now in S. Appropriations Committee.

NEW BILLS FILED

SB 2818 Exemption/Inspectors General: Creates a public record exemption for documents and reports connected with an investigation by an inspector general designed to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and other abuses in state government until the investigation is no longer active. No House companion. Sen. Jeff Atwater (R-Palm Beach Gardens)

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

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