2003 Legislative Report for Period Ending March 21

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W Withdrawn from further consideration

For Period Ending: March 21

CS/SB 142 Expunction of Criminal History Records: Prohibits the expunction of criminal history records concerning defendants found guilty of, or who pled guilty or nolo contendere to, the offense of voyeurism, regardless of whether adjudication was withheld. No House companion. Sen. Rod Smith (D-Gainesville)

  • S. Judiciary Committee: Reported favorably. Now on Senate Calendar.

CS/SB 192 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 or guardians of library patrons under the age of 16 for the purpose of collecting fines or recovering overdue library materials. Similar to HB 251. Sen. Evelyn Lynn (R-Ormond Beach)

  • Senate: An amendment, making it clear that access to the registration and circulation records by parents of library patrons under the age of 16 may be used for the sole purpose of collecting fines or recovering overdue library materials. Passed as amended (38/0). Now in House Messages.

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. No Senate companion. Rep. David Mealor (R-Lake Mary)

  • H. Subcommittee on Health Standards: Reported favorably. Now in H. Health Care Committee.
  • H. Health Care Committee: Reported favorably. Now in H. State Administration Committee.

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 or guardians of library patrons under the age of 16 for the purpose of collecting fines or recovering overdue library materials. Similar to CS/SB192. Rep. Pat Patterson (R-DeLand)

  • H. Commerce Committee: A strike all amendment, (1) allowing access to registration and circulation records 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, and (2) stipulating that information in such records may not be made known in any manner unless authorized by statute or under court order, is adopted; reported favorably as a committee substitute. Now in H. Local Affairs Committee.

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. Communication & Public Utilities Committee: Reported favorably (Sen. Gwen Margolis voting no). Now in S. Governmental Oversight Committee.

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. Identical to SB 126. Rep. Sandy Adams (R-Oviedo)

  • H. State Administration Committee: A strike all amendment, (1) clarifying that the exemption for photographs, videotapes, or other images of any part of the body of a victim of a sexual offense applies only to criminal intelligence or investigative information and (2) stipulating that the exemption applies even if the victim is not identified, is adopted; reported favorably as a committee substitute. Now in H. Public Safety & Crime Prevention Committee.

HB 1019 OGSR/Video-Taped Statement of Minors: Makes minor, technical amendments to s. 119.07(3)(s)2.a. F.S., providing a public records exemption for information identifying minors who are the victims of certain, specified sexual crimes in their video-taped statements. Also authorizes disclosure of the exempt information to other government agencies if necessary to the performance of the receiving agency’s duties and responsibilities. Similar to SB 1026. H. State Administration Committee

  • House: Minor, technical amendment adopted. Passed the House unanimously. Now in Senate Messages.

HB 1021 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 SB 290. H. State Administration Committee

  • House: Passed the House unanimously. Now in Senate Messages.

HB 1023 OGSR/County Employee Assistance Program Records: Reenacts the exemption in s. 125.585, F.S., for all records and communications concerning a county employee’s participation in an employee substance abuse program, (1) clarifying the current definition of “employee assistance program” as a “counseling, therapy or other professional treatment program provided . . . to assist any . . . employee who has a behavioral disorder, medical disorder, or substance abuse problem, or who has an emotional difficulty that affects the employee’s job performance;” and (2) slightly narrowing the exemption to include only personal identifying information in records relating to participation in such programs. Similar to SB 256. H. State Administration Committee

  • House: Passed the House unanimously. Now in Senate Messages.

HB 1025 OGSR/Municipal Employee Assistance Program Records: Reenacts the exemption in s. 166.0444, F.S., for all records and communications concerning a municipal employee’s participation in an employee substance abuse program, (1) clarifying the current definition of “employee assistance program” as a “counseling, therapy or other professional treatment program provided . . . to assist any . . . employee who has a behavioral disorder, medical disorder, or substance abuse problem, or who has an emotional difficulty that affects the employee’s job performance;” and (2) slightly narrowing the exemption to include only personal identifying information in records relating to participation in such programs. Similar to SB 254. H. State Administration Committee

  • House: Passed the House unanimously. Now in Senate Messages.

HB 1027 OGSR/Trade Secrets, Clean Air Act: Reenacts, with minor changes, s. 252.943, F.S., stipulating that when the Accidental Release Prevention Program under the federal Clean Air Act allows “a stationary source” to exclude trade secret information from its Risk Management Plan, the owner or operator must provide such information to the State Hazardous Materials Emergency Response Commission upon request, and provides that such information, when held by the Department of Community Affairs (DCA), is exempt from public disclosure. Also exempts trade secret information held by DCA in the process of conducting an inspection, audit, or investigation pursuant to the federal Clean Air Act, until a determination has been made by the Administrator of the Environmental Protection Agency that such information in no longer entitled to trade secret protection. Similar to SB 252. H. State Administration Committee

  • House: Passed the House unanimously. Now in Senate Messages.

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

  • House: Passed the House unanimously. Now in Senate Messages.

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

  • House: Passed the House unanimously. Now in Senate Messages.

HB 1035 OGSR/Workers’ Compensation Records: Reenacts, with minor changes, the exemption under s. 440.108, F.S., for investigatory records of the Department of Insurance (DOI) relating to workers’ compensation records, stipulating that such records are exempt until the investigation is complete or ceases to be active, unless the records would jeopardize the integrity of another active investigation; reveal a trade secret; reveal business or personal financial information; reveal personal identifying information of a confidential source; defame or cause unwarranted damage to the good name or reputation of an individual; or reveal investigative techniques or procedures. Also allows DOI to provide the exempt information to any law enforcement or administrative agency for use in the performance of its official duties. Similar to SB 284. H. State Administration Committee

  • House: Passed the House unanimously. Now in Senate Messages.

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 452. H. State Administration Committee

  • House: Passed the House unanimously. Now in Senate Messages.

HB 1039 OGSR/Florida Land Sales Division Investigations: Reenacts, with minor technical changes, the public record exemption in s. 498.047(8), F.S., for information relative to an investigation by the Florida Land Sales Division until 10 day after a notice to show cause has been filed, or until the investigation is complete or ceases to be active. Provides that consumer complaints relative to such investigations remain exempt under certain, specified conditions. Similar to SB 1446. H. State Administration Committee

  • House: Passed the House unanimously. Now in Senate Messages.

HB 1041 OGSR/Florida Automobile Joint Underwriting Association: Reenacts, with minor changes, the exemptions under s. 627.311, F.S., for the Florida Automobile Joint Underwriting Association (JUA). Specifically, exempts JUA underwriting files; claims files, until termination of all litigation and settlement of all claims; records obtained or generated by an internal auditor; attorney-client communications; proprietary information; association employee medical information; records concerning employee participation in substance abuse programs; information relating to certain negotiations; and minutes of closed meetings until a time specified. Also exempts portions of meetings during which confidential underwriting files or confidential open claims files are discussed, but stipulates that closed portions of meetings must be recorded by a court reporter, and that the transcript of the closed portion of the meeting becomes public after settlement of the claim. Similar to SB 280. H. State Administration Committee

  • House: Passed the House unanimously. Now in Senate Messages.

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. Identical to SB 1230. Rep. Marty Bowen (R-Winter Haven)

  • H. Agriculture Committee: A strike all amendment making minor changes to the statement of public necessity is adopted; reported favorably as a committee substitute. Now in H. State Administration.

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 that committing such offense is a second-degree felony if the amount of the benefit, value of services, or amount of injury or fraud perpetrated is more than $5,000, rather than the current threshold of $75,000 . No House companion. Sen. Victor Crist (R-Tampa)

  • S. Criminal Justice Committee: A strike all amendment, (1) adding bank account and credit card numbers to the definition of personal identifying information and (2) creating various levels of offenses with mandatory minium sentences, is adopted; reported favorably as a committee substitute. Now in S. Appropriations Subcommittee on Criminal Justice.

SB 1182 Security System Plans: Makes minor, technical amendments to the exemption in s. 119.071, F.S., for security system plans. No House companion. Sen. Paula Dockery (R-Lakeland)

  • S. Home Defense & Public Security Committee: Reported favorably. Now in S. Governmental Oversight Committee.

SB 1362 Exemption/Building Plans & Blue Prints: Amends the exemption for building plans, blueprints, schematic drawings, and diagrams depicting the internal layout and structural elements of government owned or operated buildings in s. 119.07(3)(ee), F.S., to stipulate that the exemption applies to any such record held by a government agency, thus expanding the exemption to include the building plans, blueprints, etc. of buildings owned or operated by private entities as well, if those documents are in the hands of government. Allows access upon a showing of good cause. Similar to HB 1461. Sen. Mike Bennett (R-Bradenton)

  • S. Home Defense & Public Security Committee: A strike all amendment, creating a new s. 119.07(3)(ff) to exempt the building plans, blueprints, etc. of a privately owned building, arena, stadium, water treatment facility, entertainment/resort complex, or industrial complex held by a government agency, is adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight Committee.

SB 1374 Florida Administrative Weekly: Allows any agency required to publish notices in the Florida Administrative Weekly to publish such notices on the Internet instead. Similar to HB 1157. Sen. Durell Peaden (R-Crestview)

  • S. Governmental Oversight Committee: A strike all amendment is adopted, and reported favorably as a committee substitute. As amended, SB 1734 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. Now in S. Commerce 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. Governmental Oversight Committee: Reported favorably. Now in S. Comprehensive Planning Committee.

NEW BILLS FILED

CS/SB 204 Use of Credit Reports and Credit Scores: In pertinent part, creates a public record exemption for credit scoring methods, if trade secrets as defined in s. 688.002, F.S., filed with the Office of Insurance Regulation pursuant to a rate filing or an investigation. Similar to HB 987. Sen. Les Miller (D-Tampa)

🙁 THIS WELL-INTENTIONED LEGISLATION HAS A SERIOUS CONSTITUTIONAL FLAW – IT CONTAINS A PUBLIC RECORD EXEMPTION EMBEDDED IN THE BILL IN DIRECT VIOLATION OF THE SINGLE SUBJECT REQUIREMENT UNDER FLORIDA’S CONSTITUTION. THE HOUSE COMPANION, HB 687, DOES NOT CONTAIN THE EXEMPTION PROVISION.

HB 1715 OGSR/Worker’s Compensation – Ill or Injured Employees: Moves the current exemption in s. 440.185, F.S., for information in a report of injury or illness that would identify an ill or injured employee, creating a new section s. 440.592, and expanding the exemption to include identifying information as well as medical and financial information held by the Department of Financial Services, Department of Education, or the Division of Administrative Hearings. Allows access by law enforcement agencies, but stipulates that such agencies must maintain the exempt and confidential status of the information. Similar to SB 282. H. State Administration Committee

THIS LEGISLATION, AMENDING A LIMITED EXEMPTION TO THE PUBLIC’S RIGHT OF ACCESS, COMPLIES WITH THE CONSTITUTIONAL REQUIREMENTS.

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

THIS LEGISLATION, AMENDING A LIMITED EXEMPTION TO THE PUBLIC’S RIGHT OF ACCESS, COMPLIES WITH THE CONSTITUTIONAL REQUIREMENTS.

SB 2522 Criminal Justice Information: Amends s. 943.053, F.S., relating to fees required for criminal history records, to stipulate that noncriminal justice agencies must pay for such records. Also stipulates that such fees shall allow the Criminal Justice Information Program to recover “the total cost of creating, storing, maintaining, updating, retrieving, improving, and providing criminal history information . . . including personnel, technology, and infrastructure expenses.” Allows FDLE to waive or reduce the fee upon a showing of good cause. No House companion. Sen. Victor Crist (R-Tampa)

AS DIRE AS THIS SOUNDS, SB 2522 MAKES MINOR CHANGES TO CURRENT LAW, WHICH NOW STIPULATES THAT THE FEE FOR CRIMINAL HISTORY RECORDS MUST APPROXIMATE “THE ACTUAL COST OF PRODUCING THE RECORD” INCLUDING THE CREATING, STORING, ETC. AS OUTLINED ABOVE. THE BIG CHANGE IS THAT OTHER GOVERNMENT AGENCIES MUST PAY THE FEE, TOO.

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 HB 983. Sen. Skip Campbell (D-Tamarac)

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

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