2003 Legislative Report for Period Ending April 18

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W Withdrawn from further consideration

For Period Ending: April 18

HB 49 Public Libraries: 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. Similar to CS/SB 1434. Rep. Renee Garcia (R-Hialeah)

  • H. Transportation & Economic Development Appropriations Subcommittee: A minor amendment adopted; reported favorably with one amendment. Now in H. Appropriations Committee.

CS/HB 123 Exemption/Cell Phone Numbers, Pager Numbers, E-Mail Addresses: Creates a public record exemption for cellular telephone numbers and pager numbers, ID numbers and access codes, as well as all associated billing records, for active or former law enforcement personnel. Requires 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. Similar to CS/SB 1666. Rep. Charlie Dean (R-Inverness)

  • H. Criminal Justice Subcommittee: An amendment narrowing the exemption for billing records to exempt only identifying numbers contained in such records is adopted; reported favorably. Now in H. Appropriations Committee.

CS/HB 251 Library Records: Amends the exemption for library registration and circulation records in s. 257.261, F.S., to allow access to the exempt information by parents of library patrons under the age of 16 for the purpose of collecting fines or recovering overdue library materials, or by the library patron named in the records. Stipulates that information in such records may not be made known in any manner unless authorized by statute or under court order. Similar to CS/SB 192. Rep. Pat Patterson (R-DeLand)

  • H. Transportation & Economic Development Appropriations Subcommittee: Reported favorably; now in H. Appropriations Committee.

SB 274 OGSR/Hospital Adverse Incidents Notification: Amends the exemption for notification of adverse incidents made to the Agency for Health Care Administration (AHCA) under s. 395.0198, F.S., to exempt: (1) information that identifies the hospital involved in the incident; (2) the identity of the person reporting the incident on behalf of the hospital; (3) the identity of the patient; (4) the identity of the health care practitioner(s) involved; (5) the name of or the contact number for the medical examiner; (6) any description of the circumstances of the incident; and (7) actions taken to implement an investigation. Similar to HB 1029. S. Committee on Health, Aging, and Long-Term Care

  • S. Governmental Oversight Committee: An amendment, deleting the exemptions for (6) any description of the circumstances of the adverse incident and (7) actions taken to implement an investigation, is adopted; reported favorably as a committee substitute. Now in S. Rules Committee.

SB 290 OGSR/Housing Assistance Records: Narrows the exemption under s. 119.07(3)(bb), F.S., for medical history records, bank account numbers, credit card numbers, telephone numbers, and information related to health or property insurance furnished by an individual to any government housing assistance program, to include only medical history records and information related to health or property insurance provided to the Department of Community Affairs, the Florida Housing Finance Corporation, a city, or a local housing finance agency by an applicant for or participant in a housing assistance program. Similar to HB 1021. S. Governmental Oversight Committee

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

CS/SB 298 OGSR/Kids Health Program: Expands the exemption in s. 409.821, F.S., for information in an application for determination of eligibility for the Florida Kids Health Program which identifies an applicant, including medical information and family financial information, to exempt information identifying a Florida Kidcare program applicant or enrollee held by the Agency for Health Care Administration, the Department of Children and Family Services, the Department of Health, or the Florida Health Kids Corporation. Allows disclosure to other governmental entities only if disclosure is necessary for purposes directly connected with the administration of the Kidcare Program. Similar to HB 1031. S. Committee on Health, Aging & Long-Term Care

  • Senate: Tabled. HB 1031 substituted and rolled to third reading for final passage.

CS/SB 304 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; and driver identification numbers. Stipulates that the exemption applies retroactively. Similar to HB 451. Sen. Nancy Argenziano (R-Crystal River)

  • S. Governmental Oversight Committee: Three amendments, (1) deleting telecommunications utilities from the exemption, (2) 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 (3) allowing access to the exempt personal identifying information by court order, stipulating that the court may prescribe any restrictions or stipulations on the ordered right of access “that the court deems appropriate” and that a customer be given reasonable notice of requests for access and reasonable notice of the opportunity to be present and be heard, are adopted; reported favorably as a committee substitute (7/2; Senators Cowin and Fasano voting nay). Now in S. Rules Committee.

CS/SB 306 OGSR/AHCA Provider & Subscriber Assistance Panel Records & Meetings: Makes minor, technical changes to the exemption in s. 408.7056, F.S., for subscriber identifying information contained in records prepared or reviewed by a provider and subscriber assistance panel of the Agency for Health Care Administration (AHCA). Also exempts meetings of the panel if the provider or subscriber whose grievance is to be heard requests a closed meeting and AHCA or the Department of Insurance determines that sensitive personal information, trade secret information, or information related to internal risk management programs may be revealed at the meeting. Allows for release of the exempt information if so requested by the subscriber. Similar to HB 1033. S. Committee on Health, Aging, & Long-Term Care

  • Senate: Tabled. HB 1033 substituted and rolled to third reading for final passage.

HB 491 Exemption/Institute of Human & Machine Cognition: Creates a public record exemption for (1) material relating to methods of manufacture or production, potential and actual trade secrets, potentially patentable material, and proprietary information received, generated, ascertained, or discovered pursuant to research conducted by or through the Florida Institute of Human and Machine Cognition at the University of West Florida; (2) the identity of donors or prospective donors to the Institute; (3) information received by the Institute that is otherwise exempt by law; (4) internal auditing controls and reports of internal auditors; (5) matters encompassed in privileged attorney-client communications; (6) bids or other contractual data, bank records, and credit agreements; and (7) personnel information. Stipulates that such information is not subject to subpoena, discovery, or introduction into evidence. Also exempts all meetings of the Institute’s governing board except when the board is discussing expenditure of public funds. Similar to CS/SB 1770. Rep. Holly Benson (R-Pensacola)

  • H. Education Committee: A strike all amendment, limiting the exemption, is adopted; reported favorably as a committee substitute. As amended, CS/HB 491 creates public record exemptions for (1) material relating to methods of manufacture or production, potential and actual trade secrets, potentially patentable material, and proprietary information received, generated, ascertained, or discovered pursuant to research conducted by or through the Florida Institute of Human and Machine Cognition at the University of West Florida, (2) information received by the Institute that is otherwise exempt by law, and (3) the identity of donors or prospective donors to the Institute. Also exempts those portions of meetings where exempt information is presented or discussed. Finally, allows inspection or copying by any governmental entity if necessary in performance of its duties, stipulating that the entity must maintain the confidentiality of the exempt information. Now in H. Education Appropriations Subcommittee.

w SB 532 Campaign Finance Disclosure Reports: Requires any organization raising money for the purpose of making an independent expenditure in a political campaign to file a campaign finance disclosure report with the Secretary of State, disclosing the full name, address, and occupation of each person making one or more contributions to or for the organization, together with the amount and date of such contributions. Identical to HB 587. Sen. Dave Aronberg (D-Ft. Myers)

  • Senate: Withdrawn from further consideration.

SB 1052 Autopsy Records: Amends the exemption in s. 406.135, F.S., for autopsy records to allow the deceased’s surviving relative with the authority to obtain the exempt autopsy record to designate, in writing, an agent to obtain autopsy records from the medical examiner. Similar to HB 1579. Sen. Rod Smith (D-Gainesville)

  • S. Governmental Oversight Committee: Reported favorably. Now in S. Appropriations Subcommittee on Criminal Justice.

CS/SB 1072 Criminal Use of Personal ID Information: Amends s. 817.568, F.S., revising the elements of the offense involving the criminal use of personal identifying information to provide various levels of offenses with mandatory minimum sentences. Includes bank account and credit card numbers within the definition of “personal identifying information.” No House companion. Sen. Victor Crist (R-Tampa)

  • S. Appropriations Subcommittee/Criminal Justice: Minor amendments adopted; reported favorably as a committee substitute. Now in S. Appropriations Committee.

CS/SB 1230 Exemption/Food Safety Investigations: Creates a public record exemption for exempt federal records provided to the Department of Agriculture and Consumer Services for assistance during a joint food safety or food illness investigation. Stipulates that the exempt information may not be disclosed except under a final determination by the appropriate federal agencies that the records are no longer entitled to protection or pursuant to a court order. Similar to HB 1061. Sen. Nancy Argenziano (R-Crystal River)

  • S. Health, Aging & Long-Term Care Committee: A minor technical amendment is adopted; reported favorably as a committee substitute. Now in S. Rules Committee.

HB 1391 Child Abuse Records: In pertinent part, stipulates when a child under investigation or supervision of the Department of Children and Families (DCF) is missing, DCF may release the following information to the public when DCF believes the information is likely to assist efforts in locating the child or to promote his/her safety or well-being: the name of the child and his/her date of birth; a physical description of the child; and the child’s photograph. Also allows the law enforcement agency responsible for investigating the incident to release any information received from DCF regarding the investigation if the law enforcement agency believes release of the information will be helpful in locating the child or promoting the child’s safety or well-being. Stipulates that good-faith publication or release of the information will not result in any civil or criminal penalty. Similar to CS/SB 1740. Rep. Sandy Adams (R-Oviedo)

  • H. Future of Florida Families Committee: Reported favorably as a committee substitute. Now in H. Human Services Appropriations Subcommittee.

CS/SB 1580 Identity Theft: In pertinent part, (1) stipulates that a person who uses deceptive practices to obtain another person’s address, telephone number, or social security number and then uses such information for commercial solicitation purposes commits an unfair or deceptive act or practice or unfair method of competition; and (2) prohibits a person filing for bankruptcy from selling any database containing personal customer information if the bankrupt person has agreed that personal customer information would not be disclosed (similar to HB 891 and SB 1212). No House companion. Sen. Dave Aronberg (D-Greenacres)

  • S. Criminal Justice Committee: Two technical amendments adopted; reported favorably as a committee substitute. Now in S. Appropriations Subcommittee on Criminal Justice.

w SB 1624 Confidentiality/Health Information: Prohibits disclosure of individually identifiable health information by a health care provider, pharmacy, health researcher, health plan, health oversight agency, public health authority, employer, health or life insurer, or school or university to an entity for the purpose of marketing the products or services of that entity. Allows disclosure only with the written consent of the individual involved. Identical to HB 763. Sen. Dave Aronberg (D-Greenacres)

  • Senate: Withdrawn from further consideration.

CS/SB 1664 Exemption/ParaTransit Services: Creates a public record exemption for all personal identifying information contained in records relating to an individual’s health held by local governments for the purpose of determining eligibility for paratransit services under Title II of the Americans with Disabilities Act. Allows for disclosure 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 1785. Sen. Stephen Wise (R-Jacksonville)

  • S. Transportation Committee: Reported favorably. Now in S. Rules Committee.

CS/SB 1740 Child Abuse Records: In pertinent part, stipulates that when a child under investigation or supervision of the Department of Children and Families (DCF) is missing, DCF may release the following information to the public when DCF believes the information is likely to assist efforts in locating the child or to promote his/her safety or well-being: the name of the child and his/her date of birth; a physical description of the child; and the child’s photograph. Also allows the law enforcement agency responsible for investigating the incident to release any information received from DCF regarding the investigation if the law enforcement agency believes release of the information will be helpful in locating the child or promoting the child’s safety or well-being. Stipulates that good-faith publication or release of the information will not result in any civil or criminal penalty. Similar to HB 1391. Sen. Evelyn Lynn (R-Ormond Beach)

  • S. Criminal Justice Committee: Minor amendments adopted; reported favorably as a committee substitute. Now in S. Judiciary Committee.

CS/SB 1770 Exemption/Institute of Human & Machine Cognition: Creates a public record exemption for (1) material relating to methods of manufacture or production, potential and actual trade secrets, potentially patentable material, and proprietary information received, generated, ascertained, or discovered pursuant to research conducted by or through the Florida Institute of Human and Machine Cognition at the University of West Florida; (2) the identity of donors or prospective donors to the Institute; (3) information received by the Institute that is otherwise exempt by law; (4) internal auditing controls and reports of internal auditors; (5) matters encompassed in privileged attorney-client communications; (6) bids or other contractual data, bank records, and credit agreements; and (7) certain personnel information. Also exempts all meetings of the Institute’s governing board except when the board is discussing expenditure of public funds. Identical to HB 491. Sen. Charlie Clary (R-Destin)

  • S. Governmental Oversight Committee: Amended to narrow the exemption and conform to CS/HB 491, as above; reported favorably as a committee substitute. Now in S. Judiciary Committee.

HB 1787 Exemption/Alternative Investments Program: Creates a public record exemption for information related to the alternative investments program held by the Board of Administration, including: (1) information or specific investment terms associated with individual portfolio company investments; (2) contractual side letters or other information concerning other investors in current or prospective partnerships or investment management relationships; and (3) due-diligence materials concerning prospective or current partnerships or investment management relationships. Requires the Auditor General to report to the Commission on Ethics any investment transaction violating ch. 112, F. S., stipulating that the confidential information obtained by the Auditor General retains its exempt status unless the information relates to violations of ch. 112. Similar to SB 2396. H. State Administration Committee

  • H. Finance & Tax Committee: Reported favorably. Now on House Calendar.

HB 1807 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. Similar to CS/SB 2684. H. State Administration Committee

  • H. State Administration Committee: Four amendments, 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, adding the substance of HB 1765, which deletes numerous statements of public necessity that were codified in error, and two amendments deleting controversial revisions of current law, are adopted; reported favorably as a committee substitute. Now on House Calendar.

CS/SB 1942 Exemption/Physician Adverse Incident Reports: Creates a public record exemption for information contained in the notification of an adverse incident filed by a physician or osteopathic physician with the Department of Health pursuant to s. 458.351, F.S. Stipulates that the exempt information may not be made available to the public as part of the investigatory or prosecution record in a disciplinary proceeding. No House companion. Sen. Durell Peaden (R-Crestview)

  • S. Governmental Oversight Committee: Reported favorably (8/1; Senator Constantine voting nay). Now in S. Rules Committee.

SB 2030 Citizen’s Right to Honest Government Act: In pertinent part, SB 2030 prohibits a “public servant” from (1) falsifying, concealing, destroying, mutilating, or altering any official record or document; (2) obstructing, delaying, or preventing the communication of information relating to the commission of a felony that directly involves or affects the public agency or public entity served by the public servant; (3) disclosing active criminal investigative or intelligence information 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; and (4) disclosing material information concerning a bid or other aspects of the competitive bidding process when such information is not publicly disclosed. 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 CS/HB 847. Sen. Jim Sebesta (R-St. Petersburg)

  • S. Ethics & Elections Committee: A strike all amendment making various technical changes is adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight Committee.

SB 2526 Exemption/Putative Father Registry: Creates a public record 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 CS/HB 983. Sen. Skip Campbell (D-Tamarac)

  • S. Judiciary Committee: A strike all amendment, conforming SB 2526 to its House companion by allowing access to the exempt information by certain, specified entities is adopted; reported favorably as a committee substitute. Now in S. Children & Families Committee.

SB 2670 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 HB 207. Sen. Skip Campbell (D-Tamarac)

  • S. Health, Aging & Long-Term Care Committee: Reported favorably. Now on Senate Calendar.

—-*—-

This week’s report, while not short, is early. The Legislature recessed on Wednesday in observance of Passover and Easter. The Senate has two more days of committee meetings; the House will schedule committee meetings on an as-needed basis. Bills will start to move quickly over the next two weeks, so if you have any questions between reports, please call Barbara Petersen at 800/33703518, or in Tallahassee, 222-3518. Keep your fingers crossed!

Leave a Reply

Member Login

Forgot Password?

Join Us

%d bloggers like this: