2003 Legislative Report for Period Ending March 28

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W Withdrawn from further consideration

For Period Ending: March 28

w SB 76 Exemption/Pharmaceutical Adverse Incident Reports: Creates a public record exemption for information contained in notification of a pharmaceutical adverse incident that identifies a patient, pharmacist, pharmacy, office, or entity by name, location, or other identifier provided to the Department of Health until 10 days after a finding of probable cause. No House companion. Sen. Skip Campbell (D-Tamarac)

  • Senate: Withdrawn from further consideration.

SB 126 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. Similar to CS/HB 453. Sen. Skip Campbell (D-Tamarac)

  • S. Criminal Justice 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 S. Judiciary Committee.

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)

  • S. Commerce Committee: An amendment deleting the public record exemption (and thus correcting the constitutional problem) is adopted; reported favorably as a committee substitute. Now in S. Comprehensive Planning Committee.

SB 252 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 HB 1027. S. Committee on Comprehensive Planning

  • S. Governmental Oversight Committee: Reported favorably. Now in S. Rules Committee.

SB 254 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 HB 1023. S. Committee on Comprehensive Planning

  • S. Governmental Oversight Committee: Reported favorably. Now in S. Rules Committee.

SB 256 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 HB 1023. S. Committee on Comprehensive Planning

  • S. Governmental Oversight Committee: Reported favorably. Now in S. Rules 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. Health, Aging & Long-Term Care Committee: Reported favorably. Now in S. Governmental Oversight Committee.

CS/SB 280 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. No House companion. S. Banking & Insurance Committee

  • S. Governmental Oversight Committee: Minor, mostly technical amendment is adopted; reported favorably as a committee substitute. Now in S. Rules Committee.

SB 288 OGSR/State Employee Assistance Program Records: Slightly narrows the exemption in s. 110.1091, F.S., for all records and communications concerning a state employee’s participation in an employee substance abuse program, exempting only personal identifying information contained in such records. No House companion. S. Governmental Oversight Committee

  • S. Governmental Oversight Committee: Reported favorably. 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. Health, Aging & Long-Term Care Committee: Reported favorably; now in S. Governmental Oversight Committee.

HB 983 Exemption/Paternity Registry: Creates a public records exemption for all information (the name and last known address of the mother of the child; the name of the child and the location and date of birth; the man’s name, address, and driver’s license number; and a statement in which the man claims to be the father of the child) contained in the paternity registry. Allows disclosure of certificates attesting to the results of a search of the paternity registry under certain conditions. No Senate companion. Rep. Mark Mahon (R-Jacksonville)

  • H. Judiciary Committee: A strike all amendment, creating 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 and conforming the bill to its Senate companion, SB 2526, is adopted; reported favorably as a committee substitute. Now in H. State Administration Committee.

SB 1028 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. No House companion. S. Criminal Justice Committee

  • S. Governmental Oversight Committee: Reported favorably. Now in S. Rules Committee.

HB 1029 Adverse Incident Notification: Repeals s. 395.0198, F.S., providing an exemption for information contained in notifications of adverse incidents reported by hospitals to the Agency for Health Care Administration within 24 hours of such incidents. Also repeals the requirement the 24-hour reporting requirement. Similar to SB 274. H. State Administration Committee

  • H. State Administration Committee: A strike all amendment reinstating both the 24-hour reporting requirement and the exemption for reports of adverse incidents is adopted; reported favorably as a committee substitute. Now on House Calendar.

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. Criminal Justice Committee: Reported favorably. Now in S. Governmental Oversight Committee.

SB 1082 Expunged or Sealed Public Records: Expands the list of offenses that cannot be expunged or sealed from criminal history records to include sexual predator; sexual offender; and career offender. No House companion. Sen. Rod Smith (D-Gainesville)

  • S. Criminal Justice Committee: Reported favorably. Now on Senate Calendar.

SB 1212 Bankruptcy/Personal Customer Information: Prohibits the sale or disclosure of personal customer information by a person (defined in federal law as an individual, partnership, or corporation) who files for bankruptcy if that person has agreed not to disclose such information. Allows a person whose information was disclosed to file an action for damages against the person disclosing the information. Similar to HB 891. Sen. Dave Aronberg (D-Ft. Myers)

  • S. Commerce Committee: A strike all amendment, stipulating (1) that a sale or transfer of personal customer information in violation of the prohibition constitutes an unfair or deceptive trade practice under Florida’s Deceptive and Unfair Trade Practices Act and (2) that local exchange telecommunications company customer information is exempt from the prohibition, is adopted; reported favorably as a committee substitute. Now in S. Comprehensive Planning.

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. Children & Families Committee: Reported favorably. Now in S. Ethics & Elections 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. Children & Families Committee: A minor amendment is adopted; reported favorably with one amendment. Now in S. Governmental Oversight Committee.

HB 1591 OGSR/State Employee Assistance Program Records: Reenacts the exemption in s. 110.1091, F.S., for all records and communications concerning a state 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 288. H. State Administration Committee

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

HB 1593 OGSR/Foster Care Licensees: Reenacts and expands the exemption in s. 409.175, F.S., for information on foster care licensees to include applicants, stipulating that if an applicant does not receive a license, the exempt information will become public record five years after the date of application. Clarifies that the following information is exempt unless otherwise ordered by a court: the homes, business, work, childcare, or school addresses and telephone numbers; social security numbers; birth dates; medical records; floor plans; and photographs of the licensed foster parent, the foster parent’s spouse, minor child and other adult household members. Stipulates that such information becomes public record five years after the foster care license is no longer active, but that such information shall remain exempt if the foster parent becomes an adoptive parent. Narrows the exemption in character or neighbor references to include only the name, address, and telephone number of persons providing references. Similar to SB 1444. H. State Administration Committee

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

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) 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. Identical to HB 491. Sen. Charlie Clary (R-Destin)

  • S. Education Committee: Various amendments (1) narrowing the exemption for personnel information, (2) deleting the provision stipulating that information held by the Institute is not subject to subpoena, discovery, or introduction into evidence, and (3) making various changes to the constitutionally-required statement of public necessity, are adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight Committee.

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 doctor 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. Health, Aging & Long-Term Care Committee: Amended to include adverse incident reports filed by osteopathic physicians within the scope of the exemption; reported favorably as a committee substitute. Now in S. Governmental Oversight Committee.

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 materials and information exempted under s. 1004.22 (2), F.S.. (This would include materials that relate to methods of manufacture or production, potential trade secrets, potentially patentable material, actual trade secrets, business transactions, or proprietary information received, generated, ascertained, or discovered during the course of research conducted within the state universities.) Similar to CS/HB 387. Sen. Les Miller (D-Tampa)

  • S. Education Committee: An amendment (1) specifically enumerating the exempt information; (2) narrowing the exemption for business transactions to stipulate that only those business transactions resulting from research will be exempt; and (3) creating an exemption for information received that is otherwise exempt pursuant to federal law or that of another state; is adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight Committee.

NEW BILLS FILED

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

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

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

DOES NOT CREATE AN EXEMPTION

SB 2656 DEP Reports/Aquifer Storage & Recovery Wells: Requires the Department of Environmental Protection (DEP) to report cumulative statistics on the use of Florida’s aquifers for the state’s aquifer storage and recovery wells and other injection control programs. Stipulates that such reports must be published on DEP’s website semiannually and must include: (1) the number of wells permitted, by type; the permit numbers for all permitted wells, the applicant or operator, the date of application, and the date the permit was issued; (3) the injection zone, depth, and permitted flow rate for each well; (4) the location, including county, of each well, and statistics attesting to the verified recovery rate; and (5) the classification of treatment such water received prior to injection, the source and amount of injected water, and the amount of water recovered during each operational cycle. Identical to HB 1503. Sen. Tony Hill (D-Jacksonville)

 🙂 THIS BILL IS GOOD PUBLIC POLICY, OFFERING A MEANINGFUL OPPORTUNITY FOR GOVERNMENTAL OVERSIGHT.

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)

DOES NOT CREATE AN EXEMPTION

SB 2684 Chapter 119/Reorganization: Makes various changes to public record requirements, including: (1) making 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)

🙂 ALTHOUGH SIMILAR LEGISLATION WAS FILED LAST YEAR, THIS BILL HAS BEEN FILED IN RESPONSE TO RECOMMENDATIONS MADE BY THE LEGISLATIVE TASK FORCE ON ACCESS TO COURT RECORDS. THE HOUSE STATE ADMINISTRATION COMMITTEE APPROVED A SIMILAR BILL LAST WEEK, WHICH SHOULD BE SHOWING UP SOON.

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