2003 Legislative Report for Period Ending April 25

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W Withdrawn from further consideration

For Period Ending: April 25

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)

  • House: Passes the House (105/0).
  • Senate: Substituted for SB 2670, and rolled to third reading.

CS/HB 453 Exemption/Victims of Sexual Offenses: Creates a public record exemption for any photograph, videotape, digital image, electronic image, recorded image, or other visual image of any part of the body of a victim of a sexual offense that is criminal intelligence or investigative information. Stipulates that the exemption applies even if the victim is not identified. Similar to CS/SB 126. Rep. Sandy Adams (R-Oviedo)

  • House: Passes the House (116/0). Now in Senate Messages.

CS/SB 462 OGSR/Rabies Vaccination Certificates: 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 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. Identical to HB 1037. S. Agriculture Committee

  • Senate: Tabled; HB 1037 substituted. See HB 1037, below.

CS/HB 491 Exemption/Institute of Human & Machine Cognition: 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. Similar to CS/SB 1770. Rep. Holly Benson (R-Pensacola)

  • H. Education Appropriations Subcommittee: Reported favorably. Now in H. Appropriations Committee.

p HB 1031 OGSR/Kids Health Program: Slightly 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 in furtherance of their governmental duties. Similar to SB 298. H. State Administration Committee

  • Senate: Passes the Senate (40/0). PASSED THE LEGISLATURE.

p HB 1033 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 SB 306. H. State Administration Committee

  • Senate: Passes the Senate (40/0). PASSED THE LEGISLATURE.

HB 1037 OGSR/Rabies Vaccination Certificates: 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. 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. Similar to SB 462. H. State Administration Committee

  • Senate: Substituted for CS/SB 462, and rolled to third reading.

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. Appropriations Subcommittee/Criminal Justice: Reported favorably. Now in S. Appropriations Committee.

CS/HB 1061 Exemption/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 CS/SB 1230. Rep. Marty Bowen (R-Winter Haven)

  • House: A minor technical amendment is adopted; passes the House (115/0) as amended. Now in Senate Messages.

CS/SB 1182 Security System Plans: Makes minor, technical amendments to the exemption in s. 119.071, F.S., for security system plans. Similar to HB 1809. Sen. Paula Dockery (R-Lakeland)

  • Senate: Passed the Senate (40/0). Now in House Messages.

CS/SB 1202 Commercial Solicitation: In pertinent part, amends s. 119.105, F.S., prohibiting commercial solicitation of crime victims, to stipulate that a person who possess exempt or confidential information contained in a police report may not use the information for purposes of commercial solicitation and may not knowingly disclose such information to any third party for the purpose of such solicitation during the time the information is exempt. Specifically states that the prohibition does not apply to publication of the exempt information to the general public by any news media legally entitled to posses the information. Also amends s. 316.066(3)(c), F.S., allowing access by the media to information identifying crash victims during the 60-day period when such information is otherwise exempt, to stipulate that any member of the media seeking access to the exempt information must (1) present a valid driver’s license or other photographic identification; (2) proof of employment by print or broadcast media entitled to access the information; and (3) a written sworn statement stating that the exempt information will not be used for commercial solicitation purposes or knowingly disclosed to a third party for such purposes. Provides a penalty (third degree felony) for violating sworn statement and allows enforcement by any law enforcement officer. Similar to HB 1819. S. Banking & Insurance Committee

  • S. Appropriations Committee: A strike all amendment, making various substantive changes, is adopted; reported favorably as a committee substitute. Now in S. Rules Committee.
  • Senate: Withdrawn from S. Rules Committee and placed on Senate Calendar.

CS/SB 1362 Exemption/Building Plans & Blue Prints: Creates a public record exemption for the building plans, blueprints, schematic drawings, and diagrams of a privately owned building, arena, stadium, water treatment facility, entertainment/resort complex, or industrial complex held by a government agency. Similar to HB 1461. Sen. Mike Bennett (R-Bradenton)

  • S. Governmental Oversight Committee: A strike all amendment, limiting the exemption to building plans, blueprints, schematic drawings, and diagrams depicting the internal or external layout or structural elements of an attractions and recreation facility, entertainment/
    resort complex, industrial complex, retail and service development, office development, or hotel or motel development, and allowing access by court order and a showing of good cause, is adopted; reported favorably as a committee substitute. Now in S. Comprehensive Planning.

SB 1434 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 HB 49. Sen. Rudy Garcia (R-Hialeah)

  • S. Appropriations Subcommittee/Transportation and Economic Development: A minor amendment is adopted; reported favorably as a committee substitute. Now in S. Appropriations Committee.

SB 1444 OGSR/Foster Care Licensees: Reenacts the public records exemption in s. 409.175, F.S., for certain, specified information contained in a foster family licensing file, including home, business and school addresses; telephone numbers; social security numbers; and information identifying a neighbor in neighbor references. Also expands the exemption to exempt the names of minor children in the family foster home; and personal sensitive information contained in the family profile, the evaluation materials of the Florida Model Approach to Partnership and Parenting, the report of the home study, personal or neighbor references, the health inquiry letter, and the income questionnaire of the members of the foster family. (“Personal sensitive information” is defined as medical records or information, financial records or information, and “otherwise embarrassing private facts concerning the members of the foster family,” unless such information is contained in other public records.” Extends the exemption to cover such information when filed with the Department of Health and in fire inspector records, and to include applicants within the exemption. Stipulates that if an applicant does not receive a license or a foster parent’s license is no longer active, the exempt information will become public record five years after the date of application. Similar to HB 1593. S. Children & Families Committee

  • S. Governmental Oversight Committee: A strike all amendment, narrowing the exemption to delete language concerning personal sensitive information, is adopted; reported favorably as a committee substitute. Now in S. Rules Committee.
  • Senate: Withdrawn from S. Rules Committee and placed on S. Calendar.

HB 1579 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 SB 1052. Rep. Yolly Roberson (D-N. Miami)

  • House: Passes the House (117/0). Now in Senate Messages.

CS/SB 1666 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/HB 123. Sen. Bill Posey (R-Rockledge)

  • S. Governmental Oversight Committee: Reported favorably. Now in S. Rules Committee.
  • Senate: Withdrawn from S. Rules Committee and placed on Senate Calendar.

HB 1717 OGSR/OGSR/Identity of Executioner: Repeals the exemption in s. 922.106, F.S., for information that would identify the person administering the lethal injection. Also amends s. 945.10, clarifying that information identifying an executioner, or any person prescribing, preparing, compounding, dispensing, or administering a lethal injection is exempt from public disclosure. Similar to SB 1028. H. State Administration

  • House: Passes the House (118/0). Now in Senate Messages.

HB 1763 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. HB 1763 reenacts the exemption and subjects it to the OGSR Act as if it were a new exemption.] H. State Administration Committee

  • House: Passes the House (113/0). Now in Senate Messages.

HB 1765 Public Necessity Statements: Removes public necessity statements that were codified in error. No Senate companion. H. State Administration Committee

  • House: Passes the House (116/0). Now in Senate Messages.

SB 1768 Publication Information: Prohibits government agencies from mailing general unsolicited reports to any person on the state with certain, specified exceptions. Similar to HB 1913. Sen. Mike Haridopolos (R-Melbourne)

  • Senate: An amendment prohibiting government agencies from mailing unsolicited annual reports or periodic newsletters to any person, including government officials, employees, or agencies, but allowing delivery by e-mail, is adopted. Passed as amended (40/0). Now in House Messages.

HB 1785 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 CS/SB 1664. H. State Administration Committee

  • House: Passes the House (118/0). Now in Senate Messages.

HB 1819 Commercial Solicitation: In pertinent part, amends s. 119.105, F.S., prohibiting commercial solicitation of crime victims, to stipulate that a person who possess exempt or confidential information contained in a police report may not use the information for purposes of commercial solicitation and may not knowingly disclose such information to any third party for the purpose of such solicitation during the time the information is exempt. Specifically states that the prohibition does not apply to publication of the exempt information to the general public by any news media legally entitled to posses the information. Also amends s. 316.066(3)(c), F.S., allowing access by the media to information identifying crash victims during the 60-day period when such information is otherwise exempt, to stipulate that any member of the media seeking access to the exempt information must (1) present a valid driver’s license or other photographic identification; (2) proof of employment by print or broadcast media entitled to access the information; and (3) a written sworn statement stating that the exempt information will not be used for commercial solicitation purposes or knowingly disclosed to a third party for such purposes. Provides a penalty (third degree felony) for violating sworn statement and allows enforcement by any law enforcement officer. Similar to CS/SB 1202. H. Insurance Committee

  • H. Judiciary Committee: A strike all amendment, making various substantive changes, is adopted; reported favorably as a committee substitute.
  • H. State Administration Committee: Two minor amendments adopted; reported favorably. Now on House Calendar.

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

SB 2396 Exemption/Alternative Investments Program: Creates public record exemptions for information relating to the alternative (high-risk, high return) investments program of the State Board of Administration, including: (1) the names of other investors and their respective commitment amounts; (2) specific investment terms associated with each individual portfolio company investment and portfolio company data; (3) economic terms agreed upon by the board; (4) contracts with partnerships, including all schedules, side letters, and lists of investors with their commitment amounts; (5) monthly, quarterly, and annual partnership reports, including materials and notes from advisory committees and annual meetings; (6) limited-partnership briefing materials, capital call notices, and individual investment memoranda; and (7) due-diligence materials received or prepared by the board. Specifically states that the exemption does not prevent the disclosure of records relating to the identity of the contractual counter-party for the investment; the market value of the investment; the aggregate committed, invested, and distributed capital for the investment; and aggregate investment return data. Similar to HB 1787. Sen. Mike Fasano (R-New Port Richey)

  • S. Governmental Oversight Committee: A strike all amendment, narrowing the exemption to exempt (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, and to require 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, is adopted; reported favorably (5/4) with one amendment. Now in S. Commerce Committee.

CS/SB 2416 Exemption/Motor Vehicle Records: Creates a public record exemption for a motor vehicle dealer’s name or identification number in motor vehicle title histories or registration database. Allows access under certain conditions and by certain entities, including newspapers qualified to publish legal notices and free newspapers of general circulation.. No House companion. Sen. Jim Sebesta (R-St. Petersburg)

  • S. Judiciary Committee: A strike all amendment, amending s. 119.07(3)(aa), F.S., to stipulate that all personal information in motor vehicle records is exempt from public disclosure unless the subject of the record opts-in (current law exempts records of those who opt-out) and allowing for 14 exceptions to the exemption, is adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight.

NOTE: This amendment was filed as a result of a letter from the ACLU to U.S. Attorney General John Ashcroft in which the ACLU requested that Ashcroft file sanctions against Florida for failure to comply with the federal Drivers Privacy Protection Act as amended in 1999 (Florida’s law was in compliance with the original DPPA of 1994). Although there’s no House companion, there is little doubt this bill will pass, as it has the endorsement of the Governor.

SB 2440 Exemption/Financial Services Department: Expands the exemption under s. 717.117, F.S., for social security numbers and financial account numbers in unclaimed property reports to include unclaimed property account dollar amounts and the number of reported shares of stock. Also creates new exemptions for (1) social security numbers, unclaimed property account dollar amounts, the number of reported shares of stock, and financial account numbers contained in legal and claim files, and in investigation or examination records; and (2) personal photographic identification held by the FSD. Stipulates that anyone who willfully and knowing provides access to the exempt information has committed a third degree felony, and that if the exempt information is offered in evidence in any administrative, civil, or criminal proceeding the presiding officer has the discretion to prevent its disclosure. Permits the FSD to subscribe to one or more databases for the purpose of verifying the validity of unclaimed property claims, stipulating that the (3) database is exempt from disclosure if required by the vendor. Finally, (4) exempts trade secrets of holders of unclaimed property and persons providing services for auditing or examining holders of unclaimed property. Identical to HB 1637. Sen. Skip Campbell (D-Tamarac)

  • S. Banking & Insurance Committee: A strike all amendment, repealing s. 717.117, F.S., relating to reports of unclaimed property and providing an exemption for certain specified information in those reports, and creating a public record exemption is adopted; reported favorably as a committee substitute. As amended, CS/SB 2440 exempts social security numbers, unclaimed property account dollar amounts in excess of $150, the number of reported shares of stock, and financial account numbers held by the FSD. Allows access by certain entities and individuals under specified circumstances. Stipulates that anyone who willfully and knowing provides access to the exempt information has committed a third degree felony, and that if the exempt information is offered in evidence in any administrative, civil, or criminal proceeding the presiding officer has the discretion to prevent its disclosure. Now in S. Commerce Committee.

CS/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. Allows access to the exempt information by certain specified entities. Similar to CS/HB 983. Sen. Skip Campbell (D-Tamarac)

  • S. Governmental Oversight: Reported favorably. Now in S. Rules Committee.
  • Senate: Withdrawn from S. Rules Committee and placed on Senate Special Order Calendar.

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)

  • Senate: Tabled; HB 207 substituted. See HB 207, above.

NEW BILLS FILED

HB 1895 Exemption/Credit Scoring Methodology: Creates a public record exemption for credit scoring methodologies and related trade secret data and information filed with the Office of Insurance Regulation pursuant to a rate filing. No Senate companion. H. State Administration

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

HB 1913 Exemption/Health Care Professional Liability Insurance Facility: Creates public record exemptions for (1) underwriting files; (2) claims files, until termination of all litigation and settlement of all claims arising out of the same incident; (3) records obtained or generated by an internal auditor pursuant to a routine audit until the audit is complete or, if the audit is conducted pursuant to an investigation, until the investigation is closed or is no longer active; (4) proprietary information licensed to the facility if the licensing agreement provides for confidentiality; (5) records relating to an employee’s participation in an employee assistance program; (6) information relating to negotiations for financing, reinsurance, or contractual services, until conclusion of the negotiations; and (7) minutes of closed meetings, until terminal of all litigation and settlement of claims. Also exempts (8) portions of meetings when the facility board is discussing exempt underwriting or claims files. Stipulates that the closed portions of the meetings must be recorded by a court reporter, and that all minutes must be retained for a minimum of 5 years. No Senate companion. H. State Administration

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

HB 1913 Distribution/Reports & Newsletters: Stipulates that a government agency may not mail general reports or newsletters to the public except in response to requests for copies pursuant to Florida’s Public Records Law or to persons requesting receipt of all agency general reports or newsletters. Permits an agency to post general reports or newsletters on the agency’s website. Similar to SB 1768. H. State Administration

DOES NOT CREATE AN EXEMPTION

HB 1923 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 HB 1391 and CS/SB 1740. H. Future of Florida’s Families Committee

DOES NOT CREATE AN EXEMPTION

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