2004 Legislative Report for Period Ending April 16

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W Withdrawn from further consideration

For Period Ending: April 16

CS/SB 114 Exemption/Human & Machine Cognition Institute: Creates a public record exemption for material relating to methods of manufacture or production, potential trade secrets, patentable material, actual trade secrets, or other proprietary information received, generated, ascertained, or discovered during research by or through the Florida Institute for Human and Machine Cognition. Also exempts business transactions resulting from such research, the identity of any donor or prospective donor wishing to remain anonymous, and information received by the Institute that is otherwise confidential or exempt. Creates an exemption for portions of meetings at which confidential information is presented or discussed. Similar to HB 951. Sen. Charlie Clary (R-Destin)

  • Senate: Tabled; HB 951 substituted. See HB 951.

p CS/HB 155 Exemption/Firearm Records: As amended, prohibits government agencies and private persons from keeping any list, record, or registry of privately owned firearms. Stipulates that the prohibition does not apply to records relating to firearms which have been used in the commission of a crime, persons who have been convicted of a crime, stolen firearms, or records which must be retained by firearm dealers under federal law, but stipulates that a government agency or any other person cannot accumulate, compile, computerize, or otherwise collect or convert such written records into any form of list, registry, or database for any purpose. Also requires destruction of certain records within specified periods of time. Stipulates that a violation, whether intentional or not, of the prohibition constitutes a third degree felony and that any governmental agency violating the prohibition will be subject to a fine of up to $5 million if the prohibited record was compiled or maintained with the “knowledge or complicity of the management of the governmental” agency. Finally, requires destruction of any existing list, record, or registry within 60 days of the act becoming law. Similar to SB 1152. Rep. Lindsay Harrington (R-Punta Gorda) 🙁 🙁 🙁

  • House: Concurred in Senate amendments. Passed the House (86/32). PASSED THE LEGISLATURE.

SB 462 OGSR/Child Abuse Death Review Committee: Reenacts, with minor technical changes, s. 383.410, F.S., providing a public record exemption for information identifying a deceased child’s surviving siblings, family members, or others living in the home of the deceased, in records or reports created by the State Child Abuse Death Review Committee which relate solely to child fatalities and in which specific persons or incidents are discussed. Also reenacts an exemption for those portions of committee meetings relating solely to child fatalities in which the identity of such survivors is discussed. S. Health, Aging & Long-Term Care

  • Senate: Passed the Senate (37/0). Now in H. Messages.

CS/SB 704 Exemption/Prescription Wholesalers: Creates an exemption for personal identifying information, including fingerprints, of certain specified employees of prescription drug wholesalers contained in permit applications or applications to renew permits. Stipulates that such information contained in applications that are not approved becomes public five years after the date of the application unless the information is contained in another approved application. Sen. Steve Wise (R-Jacksonville)

  • S. Health, Aging & Long-Term Care Committee: Reported favorably. Now in S. Appropriations Subcommittee on General Government.

HB 951 Exemption/Human & Machine Cognition Institute: Creates a public record exemption for material relating to methods of manufacture or production, potential trade secrets, patentable material, actual trade secrets, or other proprietary information received, generated, ascertained, or discovered during research by or through the Florida Institute for Human and Machine Cognition. Also exempts business transactions resulting from such research, the identity of any donor or prospective donor wishing to remain anonymous, and information received by the Institute that is otherwise confidential or exempt. Creates an exemption for portions of meetings at which confidential information is presented or discussed. Similar to CS/SB 114. H. State Administration

  • Senate: Substituted for CS/SB 114; rolled to third reading for final passage.

HB 969 Expunction/Non-Judicial Arrest Records: Allows for administrative expunction of non-judicial arrest records of minors or adults who are mistakenly arrested by a law enforcement agency at its own discretion, but subject to rules prescribed by the Florida Department of Law Enforcement. Rep. Charles Dean (R-Inverness) 🙁 🙁 🙁

  • H. Public Safety & Crime Prevention Committee: Reported favorably. Now in H. Public Safety Appropriations Subcommittee.

HB 983 Burial Rights/Purchase Records: Allows a person who purchases a burial right to permanently record the purchase with the clerk of the court in the county where the right is located. Similar to SB 204. Rep. Charlie Justice (D-St. Petersburg)

  • Senate: Substituted for CS/SB 204; rolled to third reading.

HB 1147 Chapter 119/Reorganization: Makes various changes to public record requirements, including: (1) minor amendments to various statutes relating to retention of records; (2) creation of s. 39.2021, F.S., allowing a person or organization to petition the court for release of child abuse records held by the Department of Children & Family Services; (3) reorganization of chapter 119, F.S., Florida’s Public Records Law, deleting redundant provisions, grouping together similar topics, adding a definition of “redact”, and streamlining and organizing the chapter in a more logical fashion; and (4) making minor technical corrections to statutory references. Similar to SB 1678. H. State Administration

  • H. Commerce Appropriations Subcommittee: Reported favorably. Now in H. Appropriations.

CS/SB 1154 Health Practitioner Workforce Data: Requires creation of the Florida Health Care Practitioner Workforce Database within the Department of Health, allowing for the collection, compilation, maintenance, and analysis of data concerning the state’s health care workforce. Similar to HB 1075. Sen. Durell Peaden (R-Crestview)

  • S. Appropriations Committee: Four minor amendments adopted; reported favorably as a committee substitute. Now on S. Calendar.

HB 1281 Exemption/Home Addresses – County Attorneys: Creates a public record exemption for the home addresses, telephone numbers, social security numbers, and photographs of current or former county or municipal attorneys and assistant county or municipal attorneys responsible for prosecuting violations of local codes or ordinances. Also exempts the home addresses, telephone numbers, social security numbers, photographs, and places of employment of their spouses and children, and the names and locations of schools and day care facilities attended by such children. Similar to SB 2180. Rep. Christopher Smith (D-Ft. Lauderdale) 🙁

  • H. Judiciary Committee: Reported favorably (14/1; Rep. Jack Seiler voting no). Now on H. Calendar.

SB 1592 FCAT/Parent’s Right to Know: Amends the public record exemption for student examination and assessment material in s. 1008.23, F.S., to allow a parent to review the questions and answers of the Florida Comprehensive Assessment Test administered to his or her child within 21 days of requesting the review. Imposes a penalty of $100/day, payable to the parent, if the Department of Education does not respond to the parent’s request in a timely and complete manner. Similar to HB 703. Sen. Gary Siplin (D-Orlando) 🙂

  • S. Education Committee: Reported favorably (5/4; Sens. Carlton, Cowin, Sebesta, and Wise voting no). Now in S. Judiciary.

CS/SB 1678 Chapter 119/Reorganization: Makes various changes to public record requirements, including: (1) minor amendments to various statutes relating to retention of records; (2) creation of s. 39.2021, F.S., allowing a person or organization to petition the court for release of child abuse records held by the Department of Children & Family Services; (3) reorganization of chapter 119, F.S., Florida’s Public Records Law, deleting redundant provisions, grouping together similar topics, adding a definition of “redact”, and streamlining and organizing the chapter in a more logical fashion; and (4) making minor technical corrections to statutory references. Similar to HB 1147. S. Governmental Oversight & Productivity Committee

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

CS/HB 1715 Exemption/Investigations – Commercial Collection Agencies: Creates a public record exemption for information received or created by the Financial Regulation Office during an investigation or examination of a commercial collection agency. Stipulates that the information will remain exempt if the office submits the information to any law enforcement or administrative agency or regulatory organization for further investigation. Also stipulates that a consumer complaint will remain exempt if disclosure would jeopardize the integrity of another investigation; reveal certain information about the complainant, customer, or account holder; identify a confidential source; disclose investigative techniques or procedures; or reveal trade secrets. Also exempts the home addresses, telephone numbers, places of employment, and photographs of office personnel involved in the investigation, if the investigation is of such a nature as to endanger the employee’s life or physical safety or that of the employee’s family. Identical to SB 2428. Rep. Gus Bilirakis (R-Palm Harbor)

  • H. State Administration Committee: One technical amendment adopted; reported favorably as a committee substitute. Now on H. Calendar.

HB 1737 Exemption/Motor Vehicle Records: Amends s. 119.07(3)(aa), F.S., to create a public record exemption for all personal identifying information contained in a motor vehicle record unless the subject of the affirmatively elects to make his or her record subject to public disclosure. Similar to SB 2008. H. Transportation 🙁 🙁 🙁

  • H. Transportation Appropriations Subcommittee: Reported favorably. Now in H. Appropriations.

CS/HB 1761 Exemption/DOR Records: Creates a public record exemption for records obtained by the Department of Revenue from insurers pursuant to an insurance claim data exchange to provide for the identification of settlement payments on insurance liability claims which can then be applied to child support arrearages in Title IV-D cases. Similar to SB 2826. H. Future of Florida’s Families Committee

  • H. State Administration Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 1761 creates a public record exemption for information obtained by DOR pursuant to an insurance data exchanged to provide for the identification of settlement payments on insurance liability claims which will then be used to DOR to match claimants against those who owe child support. Stipulates that the information is exempt only until such time as DOR determines whether a match exists. Further stipulates that if a match exists, the information becomes available for public disclosure; if a match does not exist, then the non-match information must be destroyed. Now on H. Calendar.

CS/HB 1833 Exemption/State-Owned Surplus Lands: Creates a public record exemption for written valuations of surplus state-owned land, and related documents used to form the valuation or which discuss the valuation. Stipulates that the records become public two weeks before a contract or agreement regarding surplus land purchase, exchange, or disposal is to be considered for approval by the Board of Trustees of the Internal Improvement Trust Fund. Allows disclosure by the Division of State Lands of appraisals, valuations, or valuation information about surplus land during negotiations for the sale or exchange of the land, during the marking effort or bidding process associated with the sale, disposal, or exchange of the land, when the conclusions of value are no longer valid due to the passage of time, or when negotiations or marketing efforts are concluded. Similar to SB 2158. H. Natural Resources Committee

  • H. State Administration Committee: Two minor amendments adopted; reported favorably as a committee substitute. Now on H. Calendar.

HB 1887 Exemption/Patient Safety Data: Creates a public record exemption for patient identifying information contained in patient safety data or in other records held by the Florida Patient Safety Corporation. Also exempts information identifying the person or entity reporting such data. Creates a public meetings exemption for those portions of meetings held by the FPSC during which exempt information is discussed, and exempts minutes of closed meetings. Similar to CS/SB 702. H. Health Care Committee

  • H. State Administration Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, allows access to the exempt information with (1) the express written consent of the patient; (2) the express written consent of the person or entity reporting patient safety data; (3) by court order; or (4) to a health research entity. Now on H. Calendar.

SB 2022 Health Care Consumer’s Right to Know Act: In pertinent part, requires the Agency for Health Care Administration to provide patient charge and performance outcome data collected from health care facilities on its website, and in hard-copy format upon request, by October 1, 2004. Also requires AHCA to study and implement the most effective methods for public disclosure of such information by October 1, 2005. Similar to HB 701. Sen. J.D. Alexander (R-Lake Wales)

  • S. Appropriations Subcommittee on Health & Human Services: Reported favorably. Now in S. Appropriations.

SB 2158 Exemption/Surplus State-Owned Land: Creates a public record exemption for written valuations of surplus state-owned land, and related documents used to form the valuation or which discuss the valuation. Stipulates that the records become public two weeks before an agreement regarding surplus land purchase, exchange, or disposal is to be considered for approval by the Board of Trustees of the Internal Improvement Trust Fund. Allows disclosure by the Division of State Lands of appraisals, valuations, or valuation information about surplus land during negotiations for the sale or exchange of the land, during the marking effort or bidding process associated with the sale or exchange of the land, when the conclusions of value are no longer valid due to the passage of time, or when negotiations or marketing efforts are concluded. Sen. Mike Fasano (R-New Port Richey)

  • S. Natural Resources Committee: Reported favorably (3/1 – Sen. Paula Dockery voting no). Now in S. Governmental Oversight.

SB 2436 Exemption/Home Addresses – Juvenile Probation Officers: Creates a public record exemption for the home addresses, telephone numbers, social security numbers, and photographs of current or former juvenile probation officers, juvenile probation supervisors and juvenile detention officers of the Department of Juvenile Justice. Also exempts the home addresses, telephone numbers, social security numbers, photographs, and places of employment of their spouses and children, and the names and locations of schools and day care facilities attended by such children. Sen. Victor Crist (R-Tampa)

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

CS/SB 2704 Exemption/Identity of Children: Creates a public record exemption for information identifying a child provided to a children’s services council, juvenile welfare board, and their service providers. Stipulates that identifying information includes names, addresses, telephone numbers, social security numbers, photographs, or any other information that would identify, or could reasonably lead to the identification of, any child, either directly or through the identification of the child’s parent or guardian. Sen. Jeff Atwater (R-North Palm Beach) ???

  • S. Criminal Justice Committee: A minor technical amendment is adopted; reported favorably with one amendment. Now in S. Governmental Oversight.

CS/SB 2826 Exemption/Department of Revenue – Insurers & Pari-Mutuel Facilities: Creates a public record exemption for claimant information obtained by DOR from an insurer for the purpose of locating noncustodial parents who owe child support. Such information includes the claimant’s name, address, social security number, date of birth, claim number, claim processing agent’s name, address, and telephone number, and any other identifying information maintained by the insurer for each claim. Also creates an exemption for the name, address, and social security number of each pari-mutuel winner obtained by DOR from pari-mutuel facilities for the same purpose. Similar to HB 1761. Sen. Evelyn Lynn (R-Ormond Beach)

  • S. Judiciary Committee: An amendment, narrowing the exemption, is adopted; reported favorably as a committee substitute. As amended, CS/SB 2826 creates a public record exemption for insurance claims records concerning individuals who do not owe past due child support obtained by DOR from insurance companies for the purpose of locating noncustodial parents who owe child support.
    S. Finance & Taxation Committee: A strike all amendment, conforming SB 2826 to its House companion, CS/HB 1761 (see above), is adopted. Reported favorably as a committee substitute. Now in S. Appropriations Subcommittee on General Government.

SB 2922 Exemption/H. Lee Moffitt Cancer Center: Expands the current exemption for proprietary confidential business information in s. 1004.43, F.S., to also exempt information relating to methods of manufacture or production, potential trade secrets, potentially patentable material, or proprietary information received, generated, ascertained, or discovered during the course of research by the Center. Also exempts business transactions resulting from such research and any information received by the Center that is otherwise confidential or exempt. Similar to CS/HB 147 and SB 3030. Sen. Les Miller (D-Tampa)

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

SB 2950 Enterprise Florida: In pertinent part, repeals the public record exemption for donors or potential donors to the Enterprise Florida technology development board. Sen. Rudy Garcia (R-Hialeah)

  • S. Commerce, Economic Opportunities & Consumer Services Committee: Reported favorably. Now in S. Governmental Oversight.

CS/SB 3006 Exemption/Electronic Filings: Creates a public record exemption for all user identifications, passwords, and other identifying information used by the Department of State for limiting access to the electronic filing systems for campaign treasurer’s reports. Also exempts all records, reports, and files stored in the electronic filing system until the report has been submitted as a filed report. Sen. Anna Cowin (R-Leesburg)

  • S. Judiciary Committee: Reported favorably. Now in S. Governmental Oversight & Productivity Committee.

SB 3030 Exemption/Moffitt Cancer Center & Alzheimer’s Institute: Expands the current exemption for proprietary confidential business information in s. 1004.43, F.S., to also exempt information relating to methods of manufacture or production, potential trade secrets, potentially patentable material, or proprietary information received, generated, ascertained, or discovered during the course of research by the H. Lee Moffitt Cancer Center. Also exempts any information received by the Center that is otherwise confidential or exempt. Creates various exemptions for the Florida Alzheimer’s Center and Research Institute, including exemptions for: (1) proprietary confidential business information; (2) trade secret information relating to reimbursement methodologies or rates; (3) systems or techniques used by third-party payors to access and control health care service payments (4) financial incentives or disincentives related to the use of specific providers, services, or service sites; (5) methods of access to and coordination of services by a case manager; (6) information relating to private contractual data, upon a determination by the Institute’s board that the information would impair the competitive interests of the provider of the information; (7) that portion of the salary or benefits paid to scientific researchers which are not public funds, provided that such payment is noted in the personnel file of the researcher; and (8) minutes of exempt meetings. Also exempts portions of Institute board meetings where exempt information is discussed. Similar to CS/HB 147. Sen. Victor Crist (R-Tampa)

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

NEW BILLS FILED

HB 1925 Exemption/Home Addresses – Lab Personnel: Creates a public record exemption for the home addresses, telephone numbers, social security numbers, and photographs of current or former crime laboratory or medical examiner’s office employees. Also exempts the home addresses, telephone numbers, social security numbers, photographs, and places of employment of their spouses and children, and the names and locations of schools and day care facilities attended by such children. Similar to SB 1460. H. Public Safety & Crime Prevention Committee 🙁

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