2003 Legislative Report for Period Ending March 7

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W Withdrawn from further consideration

For Period Ending: March 7

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. Criminal Justice Committee: A strike all amendment making minor changes to the bill is adopted; reported favorably as a committee substitute.

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. Similar to HB 1041. S. Banking & Insurance Committee

  • S. Banking & Insurance Committee: A minor, technical amendment is adopted; reported favorably as a committee substitute. Now in Senate Governmental Oversight Committee.

SB 284 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 HB 1035. S. Banking & Insurance Committee

  • S. Banking & Insurance Committee: Reported favorably. Now in Senate Governmental Oversight 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. Banking & Insurance Committee: Reported favorably. Now in Senate Governmental Oversight Committee.

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; bank account number; debit, charge, and credit card numbers; and driver identification numbers. Stipulates that the exemption applies retroactively. Identical to HB 451. Sen. Nancy Argenziano (R-Crystal River)

  • S. Comprehensive Planning Committee: A strike all amendment, amending the constitutionally-required statement of public necessity and deleting the exemption for personal financial information (exempt under current law), is adopted; reported favorably as amended (5/1; Sen. Lee Constantine voting no). Now in Senate Communication and Public Utilities Committee.

SB 1026 OGSR/Video-Taped Statements of Minors: Amends 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 to clarify that law enforcement agencies are the custodians of such videotaped 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. No House companion. S. Criminal Justice Committee

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

NEW BILLS FILED

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)

🙁 THIS SEEMS A BIT OVER THE TOP, DON’T YOU THINK? ACCORDING TO THE STATEMENT OF PUBLIC NECESSITY, THE EXEMPTION IS NECESSARY TO PROTECT THE VICTIM AND THE VICTIM’S FAMILY FROM THE EMOTIONAL INJURY CAUSED IF SUCH MATERIAL WAS COPIED OR PUBLICIZED. BUT THE IDENTITY OF SUCH VICTIMS IS EXEMPT FROM PUBLIC DISCLOSURE, SO HOW WOULD COPYING A PHOTO OF THE VICTIM’S FOOT, FOR EXAMPLE, CAUSE EMOTIONAL DISTRESS? IF PASSED, THIS EXEMPTION, WHICH MAKES THE MATERIAL EXEMPT AND CONFIDENTIAL, WILL CAUSE THE SAME PROBLEMS FOR LAW ENFORCEMENT AS DOES THE AUTOPSY PHOTO EXEMPTION.

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. Identical to SB 1770. Rep. Holly Benson (R-Pensacola)

🙁 THIS BILL IS SO UNCONSTITUTIONALLY OVERBROAD, IT’S HARD TO KNOW EXACTLY WHERE TO START. THE EXEMPTION IS HORRIBLE ENOUGH, BUT THE STIPULATION THAT THE EXEMPTION INFORMATION IS NOT SUBJECT TO SUBPOENA PRECLUDES ANY OPPORTUNITY FOR PUBLIC OVERSIGHT. THE MEETINGS EXEMPTION IS EQUALLY BAD – UNDER FLORIDA LAW, ALL MEETINGS ARE PRESUMED PUBLIC UNLESS SPECIFICALLY EXEMPT. HB 491 SETS THAT STANDARD ON ITS EAR, CLOSING ALL MEETINGS OF THE INSTITUTE’S BOARD UNLESS THE BOARD IS DISCUSSING EXPENDITURE OF FUNDS. HOW MANY WAYS CAN WE SAY BAD?

HB 559 Publication Information: Prohibits government agencies from mailing general unsolicited reports to any person on the state with certain, specified exceptions. Identical to SB 1768. Rep. Mike Haridopolos (R-Melbourne)

DOES NOT CREATE AN EXEMPTION

HB 587 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 SB 532. Rep. Anne Gannon (D-Delray Beach)

DOES NOT CREATE AN EXEMPTION

HB 763 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 SB 1624. Rep. Charlie Justice (D-St. Petersburg)

🙁 WE’RE NOT OPPOSED TO THE INTENT OF THIS LEGISLATION – PROTECTING A PERSON’S SENSITIVE HEALTH INFORMATION. HOWEVER, THE BILL AS DRAFTED IS UNCONSTITUTIONAL IN THAT IT WOULD APPEAR TO PRECLUDE DISCLOSURE BY PUBLIC HEALTH PROVIDERS, AS WELL AS PRIVATE PROVIDERS, THUS CREATING A PUBLIC RECORDS EXEMPTION. IF IT’S AN EXEMPTION, IT MUST COMPLY WITH THE CONSTITUTIONAL STANDARD SET FORTH IN ARTICLE I, SECTION 24 OF THE FLORIDA CONSTITUTION.

HB 891: Prohibits the sale or disclosure of personal customer information by a person who files for bankruptcy. Identical to SB 1212. Rep. Shelley Vana (D-West Palm Beach)

DOES NOT CREATE AN EXEMPTION

HB 937 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. Identical to SB 1664. Rep. Juan Zapata (R-Miami)

THIS LEGISLATION, NEARLY IDENTICAL TO LEGISLATION FILED LAST YEAR AND CREATING A LIMITED EXEMPTION TO THE PUBLIC’S RIGHT OF ACCESS, COMPLIES WITH THE CONSTITUTIONAL REQUIREMENTS FOR CREATING EXEMPTIONS.

  • Withdrawn from further consideration.

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)

THIS LEGISLATION, IDENTICAL TO LEGISLATION FILED EARLY IN THE YEAR AND WITHDRAWN PRIOR TO INTRODUCTION, CREATES A LIMITED EXEMPTION TO THE PUBLIC’S RIGHT OF ACCESS AND COMPLIES WITH THE CONSTITUTIONAL REQUIREMENTS FOR CREATING EXEMPTIONS.

HB 997 Exemption/Prescription Drug Records: Creates a public records exemption for patient identifying information in records reported under s. 893.055, F.S., which requires creation of an electronic system to monitor prescription of certain controlled substances by Florida health care practitioners. Identical to SB 1784. Rep. Gayle Harrell (R-Port St. Lucie)

THIS LEGISLATION, IDENTICAL TO LEGISLATION FILED EARLY IN THE YEAR AND WITHDRAWN PRIOR TO INTRODUCTION, CREATES A LIMITED EXEMPTION TO THE PUBLIC’S RIGHT OF ACCESS AND COMPLIES WITH THE CONSTITUTIONAL REQUIREMENTS FOR CREATING EXEMPTIONS.

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

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

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

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

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

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

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

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

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

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

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

THE HOSPITAL ADVERSE INCIDENT EXEMPTION IS PROBABLY ONE OF THE WORST EXEMPTIONS WE’VE SEEN IN THE PAST TEN OR SO YEARS, AND IT HAS SERVED AS A POTENTIAL MODEL FOR NURSING HOMES, PHYSICIANS, AND PHARMACISTS. IT’S A TERRIBLE EXEMPTION AND HORRIBLE PUBLIC POLICY. THERE’S NO OPENING OF RECORDS HERE, BUT WE’RE REALLY GLAD THE HOUSE IS REPEALING THIS BAD EXEMPTION.

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

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

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

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

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

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

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.

? WE HATE THIS EXEMPTION, BUT THE HOUSE BILL IS MUCH, MUCH BETTER THAN ITS SENATE COMPANION, AND ACTUALLY NARROWS AN OTHERWISE TOXIC PUBLIC RECORDS EXEMPTION.

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

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

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

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

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)

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

HJR 1135 Judicial Nominating Commission Proceedings: Proposes an amendment to Article V, section 11, of the Florida Constitution, to require that deliberations and records of the Judicial Nominating Commission be open to the public. No Senate companion. Rep. Fred Brummer (R-Apopka)

🙂 FINALLY, A BILL THAT ACTUALLY ENHANCES PUBLIC ACCESS! IF APPROVED BY THE VOTERS, THE CONSTITUTIONAL AMENDMENT PROPOSED BY REP. BRUMMER WOULD PUT AN END TO THE SQUABBLES OVER ACCESS TO THE PROCEEDINGS OF THE JNC, AND WOULD OPEN UP THE PROCESS TO THE PUBLIC.

HB 1147 Child Abuse Records: Amends the exemption for child abuse records to allow access by staff of child advocacy centers who are actively involved in providing services to the child. Identical to SB 122. Rep. Bob Allen (R-Merritt Island)

DOES NOT CREATE AN EXEMPTION

  • Withdrawn from further consideration.

HB 1157 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 SB 1374. Rep. Dave Murzin (R-Pensacola)

DOES NOT CREATE AN EXEMPTION

SB 1374 Florida Administrative Weekly: Similar to HB 1157. Sen. Durell Peaden (R-Crestview)

SB 1388 Pawnbroker Records/Firearm Purchases: Stipulates that the exemption for firearm transaction records maintained by the Florida Department of Law Enforcement (FDLE) does not apply to pawnbroker records. Identical to HB 69. Sen. Debbie Wasserman Schultz (D-Pembroke Pines)

DOES NOT CREATE AN EXEMPTION

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.] No House companion. S. Children & Families Committee

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

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. No House companion. S. Children & Families Committee

ALTHOUGH WE’RE NOT EXACTLY WILD ABOUT THE EXPANSION OF THIS EXEMPTION, IT IS LIMITED IN DURATION, SO WE’RE GOING TO WITHHOLD JUDGMENT UNTIL WE SEE WHAT IS FILED IN THE HOUSE. WE’RE PRETTY SURE THE HOUSE BILL WILL BE MORE LIMITED IN SCOPE.

SB 1446 OGSR/Florida Land Sales Division Investigations: Similar to HB 1039. S. Regulated Industries Committee

HB 1461 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. Rep. Bill Galvano (R-Bradenton)

🙁 ALTHOUGH WE WEREN’T TERRIBLY BOTHERED BY THIS EXEMPTION WHEN FIRST CREATED LAST YEAR, THIS EXPANSION SEEMS UNWARRANTED. ACCORDING TO THE STATEMENT OF PUBLIC NECESSITY, THE EXEMPTION IS NECESSARY TO PROTECT US FROM ACTS OF TERRORISM BUT CERTAINLY NOT ALL PUBLIC AND PRIVATE BUILDINGS AND FACILITIES ARE AT RISK, ARE THEY? THIS BILL IS UNCONSTITUTIONALLY OVERBROAD.

SB 1508 Public Records: Expresses the intent of the legislature to amend Florida’s Public Records Law. No House companion. Sen. Lee Constantine (R-Altamonte Springs)

THIS IS WHAT IS CALLED A “SHELL” BILL. TECHNICALLY, A REQUEST FOR BILL DRAFTS MUST BE FILED BY A CERTAIN DATE; IN ORDER TO MEET THE DEADLINE, LEGISLATORS WILL FILE “SHELL” BILLS WITH THE INTENTION OF AMENDING THE “SHELL” AT A LATER DATE. BECAUSE ARTICLE I, SECTION 24, FLA. CON., REQUIRES THAT ALL SUNSHINE EXEMPTIONS BE IN SINGLE SUBJECT BILLS, WE SEE A FAIR NUMBER OF SHELL BILLS FILED IN THE SENATE EACH SESSION. (WE MAY SET A NEW RECORD IN 2003 – THERE ARE CURRENTLY 12(!) SHELL BILLS FILED THUS FAR.) WE’RE INCLUDING THEM IN THIS REPORT SO THAT YOU’LL BE AWARE IF AND WHEN THEY ARE AMENDED. WE’LL KEEP OUR EYES ON THESE, AND WILL REPORT ANY CHANGES.

SB 1510 Public Records Exemption: Expresses the intent of the legislature to create an exemption to the Public Records Law. No House companion. Sen. Lee Constantine (R-Altamonte Springs)

SHELL BILL

SB 1570 Exemption/Voluntary Mediation: Creates a public record exemption for all oral or written communications or documents, including written documents of the mediator, in a presuit or voluntary mediation proceedings. Allows disclosure with the consent of all participants, and stipulates that executed settlement agreements or communications are not exempt. No House companion. Sen. Evelyn Lynn (R-Ormond Beach)

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

SB 1624 Confidentiality/Health Information: Identical to HB 763. Sen. Dave Aronberg (D-Greenacres)

SB 1664 Exemption/ParaTransit Services: Identical to HB 937. Sen. Stephen Wise (R-Jacksonville)

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

🙁 THE STATED JUSTIFICATION FOR THIS EXEMPTION IS THAT A LAW ENFORCEMENT OFFICER CAN BE IDENTIFIED BY THIS INFORMATION. HOW? IT IS COMMON PRACTICE, WE’RE TOLD, FOR A LAW ENFORCEMENT OFFICER TO PRINT SUCH INFORMATION ON THE OFFICER’S BUSINESS CARD. IF SO, WHAT’S THE POINT OF THIS EXEMPTION? AND ISN’T THE IDENTITY OF MOST LAW ENFORCEMENT OFFICERS OBVIOUS? (THE CONSTITUTIONALLY REQUIRED STATEMENT OF PUBLIC NECESSITY DOES NOT ADDRESS THE OTHER GOVERNMENT EMPLOYEES INCLUDED WITHIN THE EXEMPTION.) IN ADDITION, PROHIBITING ACCESS TO A BILLING RECORD PRECLUDES ANY OPPORTUNITY FOR PUBLIC OVERSIGHT AND IS AN UNWARRANTED EXPANSION OF CURRENT LAW.

SB 1764 Exemption/Potable Water Security: Creates a public records exemption for security plans for sources of potable water and potable water treatment facilities owned or operated by or under contract to a regional water supply authority, county, special district, or municipality. Also exempts material (including information on chemical purchases and storage, power generation systems, facility operations manuals, design information, security systems, plans, and maps) depicting critical operating and distribution facilities if the agency determines that the material contains information that is not generally known and that could jeopardize public health, safety, and welfare. No House companion. Sen. J.D. Alexander (R-Winter Haven)

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

SB 1768 Publication Information: Identical to HB 559. Sen. J.D. Alexander (R-Winter Haven)

SB 1770 Exemption/Institute of Human & Machine Cognition: Identical to HB 491. Sen. Charlie Clary (R-Destin)

SB 1784 Exemption/Prescription Drug Records: Identical to HB 997. Sen. Mike Fasano (R-New Port Richey)

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