2004 Legislative Report for Period Ending April 2

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W Withdrawn from further consideration

For Period Ending: April 2

NOTE: The Legislature will not be meeting the week of April 5 – 9, so there will not be a report next Friday. The next report will be for the 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)

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

CS/SB 348 Exemption/Home Addresses – U.S. Attorneys and Judges: Creates a public record exemption for the home addresses, telephone numbers, social security numbers, and photographs of current or former U.S. attorneys, assistant U.S. attorneys, and current or former U.S. judges. Also creates an exemption for the home addresses, telephone numbers, social security numbers, photographs, and places of employment for the spouses and children of such attorneys and judges, and the names and locations of the schools and day care facilities attended by their children. Similar to CS/HB 593. Sen. Durell Peaden (R-Crestview)

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

CS/HB 393 Consumer Protection/Personal Information: Prohibits the sale or transfer of personal customer information protected from disclosure by law, contract, or a published privacy policy unless the purchaser or transferee (1) agrees to abide by the contract or to the seller’s or transferor’s then-existing privacy policy; and (2) is in the same or a substantially similar business, and to stipulate that a violation of the prohibition is an unfair or deceptive act. . Similar to SB 482. Rep. Shelley Vana (D-West Palm Beach)

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

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: Read second time; rolled to third reading.

CS/SB 482 Consumer Protection/Personal Information: Prohibits the use of deception to obtain personal information for commercial solicitation purposes. Also prohibits the sale or transfer of personal customer information protected from disclosure by law, contract, or a published privacy policy unless the purchaser or transferee (1) agrees to abide by the contract or to the seller’s or transferor’s then-existing privacy policy; and (2) is in the same or a substantially similar business. Stipulates that a violation of the prohibition is an unfair or deceptive act. Similar to HB 393. Sen. Dave Aronberg (D-Greenacres)

  • S. Judiciary Committee: A technical amendment, prohibiting the intentional use of deception to obtain personal information for commercial solicitation purposes, is adopted; reported favorably as a committee substitute. Now on S. Calendar.

HB 635 Exemption/Kids’ Recreation Programs: Creates a public record exemption for the names, home addresses, telephone numbers, social security numbers, and photographs of children participating in government-sponsored recreation programs or camps, and the names and locations of schools attended by such children. Also exempts the names, home addresses, telephone numbers, and social security numbers of parents or guardians of the children. Similar to SB 2082. Rep. Shelley Vana (D-West Palm Beach)

  • H. State Administration: Reported favorably. Now on H. Calendar.

CS/HB 741 Identity Theft: amends s. 817.568, F.S., providing penalties for the criminal use of personal identification information, to add a definition of “counterfeit or fictitious personal identification information”, and to make it a crime to willfully and fraudulently use a deceased person’s personal identification information. Rep. Leslie Waters (R-St. Petersburg)

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

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. Criminal Justice Subcommittee: Reported favorably. Now in H. Public Safety & Crime Prevention.

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)

  • H. Finance & Tax Committee: Reported favorably. Now on H. Calendar.

CS/HB 1031 Exemption/Archival Material: Creates a public record exemption for archival material donated to a city or county official archive if the conditions under which the material was donated limit the right to inspect or copy such material. Stipulates that the material becomes public 50 years after the donation or upon a showing of good cause before a court. Similar to SB 1626. Rep. Tim Ryan (D-Dania Beach)

  • H. Local Government & Veteran’s Affairs Committee: Reported favorably. Now on H. Calendar.

CS/HB 1041 Exemption/Financial Services Department: Creates an exemption for (1) social security numbers, unclaimed property account dollar amounts, the number of reported shares of stock and financial account numbers contained in legal and claim files, and in investigation or examination records; (2) personal photographic identification held by the FSD; and (3) a database subscribed to by the department if the database vendor requests confidentiality. Finally, (4) exempts information relating to an investigation or examination by the FSD, including any list of holders under investigation. Stipulates that such investigative information becomes public once the investigation is complete or no longer active, except that some information may remain exempt under certain, specified circumstance. Also stipulates that intentional disclosure of the exempt information is a third degree felony. Similar to CS/SB 2290. Rep. Will Kendrick (D-Carrabelle) ???

  • H. Commerce Committee: A strike all amendment, allowing private investigators access to the last four digits of a social security number and changing the exemption for information “relating to an investigation or examination” to now read “information received or created during” such investigations or examinations, is adopted; reported favorably

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 Subcommittee on Health & Human Services: A strike all amendment, combining the substance of CS/SB 1154 and CS/SB 1462 (relating to Health Practitioner Profiles), is adopted; reported favorably as a committee substitute. Now in S. Appropriations.

CS/SB 1162 OGSR/911 Wireless Communication: Reenacts, and narrows, the public record exemption for proprietary business information, including trade secrets, the name and billing addresses of service subscribers, and individual or aggregate customer data, usage and capacity data, and network facilities used to serve subscribers submitted by a wireless communications service provider to the Department of Management Services under s. 365.174, F.S. S. Communication and Public Utilities Committee

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

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. State Administration Committee: Reported favorably. Now in H. Judiciary.

CS/HB 1345 Exemption/Military Installations: Creates a public record exemption for information held by the Governor’s Advisory Council on Base Realignment and Closure, the Office of Tourism, Trade, and Economic Development, or Enterprise Florida, including materials relating to: (1) strengths and weaknesses of military installations or military missions in Florida relative to the selection criteria for the realignment and closure of military bases and missions under the U.S. Department of Defense Base Realignment and Closure 2005 process; (2) strengths and weaknesses of military installations or missions in other states and their vulnerability, and any agreements or proposals to relocate or realign military units and missions from other states; and (3) the state’s strategy to retain its military bases during the 2005 closure process and any agreements or proposals to relocate or realign military units and missions. Also creates an exemption for Council meetings or portions of meetings at which exempt information is presented or discussed, as well as all records generated during the closed meetings. Specifies that the exemption repeals on May 31, 2006. Similar to SB 2496. Rep. Ken Sorenson (R-Tavernier)

  • H. State Administration Committee: An amendment narrowing the exemption to close only those portions of records that contain information about the strengths and weaknesses of military installations or missions, is adopted; reported favorably as amended.

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. Commerce Committee: A strike all amendment changing the exemption for information “relating to an investigation or examination” to now read “information received or created during” such investigations or examinations is adopted; reported favorably as a committee substitute. Now in H. State Administration.

CS/HB 1765 Mediation Alternatives: In pertinent part, provides for the confidentiality of mediation communications, whether oral or written. Stipulates that a signed written agreement reached during mediation is not confidential unless the parties agree otherwise, or under other specified circumstances. Similar to SB 1970. H. Judiciary Committee

  • H. State Administration Committee: A minor clarifying amendment is adopted; reported favorably as a committee substitute. Now on H. Calendar.

SB 1774 Sexual Predators: Requires government agencies to search the sexual predators and sexual offenders database maintained by the Florida Department of Law Enforcement before appointing or employing a person to work at any park, playground, day care center, or other place where children regularly congregate. Stipulates that the requirement for background checks does not apply to those positions or appointments for which a state and national criminal history background check is conducted. Similar to CS/HB 891. Sen. Alex Villalobos

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

CS/SB 1880 Exemption/Home Addresses – EMTs: Creates a public record exemption for the home addresses, telephone numbers, social security numbers, and photographs of active or former emergency medical technicians and paramedics. 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 HB 619 and HB 1785. Sen. Burt Saunders (R-Naples) 🙁

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

CS/SB 2190 Exemption/Florida Alternative Energy Technology Center: Creates various public record exemptions for information held by the Florida Alternative Energy Technology Center, including: (1) criteria used to identify a business for recruitment to locate in Florida; (2) the identity of a business that may be recruited and all negotiations to recruit a business to locate in Florida, stipulating that such information becomes public once the recruitment process is concluded or terminated; (3) proprietary business information obtained from a business; (4) the identity of donors or potential donors; and (4) information received from another person if that information would be confidential and exempt from disclosure while in that person’s possession. Also exempts (5) portions of board meetings during which exempt information is presented or discussed, and (6) records generated during closed portions of meetings. Sen. Mike Bennett (R-Bradenton) ???

  • S. Governmental Oversight & Productivity Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 2190 creates public records exemptions for (1) the identity of a business that may be recruited and negotiations to recruit a business to locate in Florida, stipulating that the information becomes public at the conclusion or termination of the recruitment process; (2) proprietary business information obtained from a business entity that may harm the business in the market place; (3) material relating to methods of manufacture or production, trade secrets, patentable material, or proprietary information received, generated, ascertained, or discovered during the course of research; (4) the identity of donors or potential donors who request anonymity; and (5) information received from another person which is exempt from disclosure pursuant to state or Federal law. Also exempts (6) portions of board meetings during which exempt information is presented or discussed, and (7) records generated during closed portions of meetings. 🙁

CS/SB 2290 Exemption/Financial Services Department: Creates an exemption for (1) social security numbers, unclaimed property account dollar amounts, the number of reported shares of stock and financial account numbers contained in legal and claim files, and in investigation or examination records; (2) personal photographic identification held by the FSD; and (3) a database subscribed to by the department if the database vendor requests confidentiality. Finally, (4) exempts information received or created during an investigation or examination by the FSD, including any list of holders under investigation. Stipulates that such investigative information becomes public once the investigation is complete or no longer active, except that some information may remain exempt under certain, specified circumstances. Also stipulates that intentional disclosure of the exempt information is a third degree felony. Similar to HB 1041. Sen. Charlie Clary (R-Destin) 🙁

  • S. Judiciary Committee: Various amendments are adopted; reported favorably as a committee substitute. As amended, expands the exemption for information received or created during an investigation or examination, to exempt any list of holders under investigation or examination or to be investigated or examined, as well as information received or created during an investigation or examination by the DFS, including any consumer complaint, until the investigation or examination is complete or no longer active. Also amends the definition of “active”. Now in S. Governmental Oversight & Productivity. 🙁

SB 2428 Exemption/Investigations – Commercial Collection Agencies: Creates a public record exemption for documents made or produced by the Financial Regulation Office pursuant to 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 HB 1715. Sen. Victor Crist (R-Tampa)

  • S. Governmental Oversight & Productivity Committee: Reported favorably 9/1 (Sen. Campbell voting no). Now in S. Rules.

SB 2492 Criminal Use of Personal Information: Creates a penalty for the fraudulent possession of a deceased person’s personal identification information, and stipulates that the fraudulent use of such information is a second degree felony. Sen. J.D. Alexander (R-Lake Wales)

  • S. Criminal Justice Committee: Reported favorably. Now in S. Judiciary.

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. Ethics & Elections Committee: Various amendments, including an amendment to the constitutionally-required statement of public necessity, are adopted; reported favorably as a committee substitute. Now in S. Judiciary.

NEW BILLS FILED

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 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. Similar to SB 2158. H. Natural Resources Committee

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, allowing access to such information under certain, specified conditions. Also creates a public meetings exemption for those portions of meetings held by the FPSC during which exempt information is discussed. Similar to CS/SB 702. H. Health Care Committee

HB 1889 Exemption/Proprietary Business Information: Creates a public record exemption for proprietary confidential business information received by an agency pursuant to s. 287.037, F.S., requiring vendors and contractors to provide data regarding cost, pricing, or consideration prior to the award of a contract or modification of a contract, under certain specified conditions. Stipulates that the receiving agency must make a determination in writing that disclosure of such information would impair the competitive interests of the provider of the information. Provides for disclosure of the exempt information 50 years after it was received. Also exempts a business case submitted to the Senate President and House speaker pursuant to s. 287.046 (3)(d), F.S., providing requirements for outsourcing by government agencies. Stipulates that the exemption expires on the date a contract is executed or upon legislative objection to the contract. (See HB 1819) H. State Administration Committee ???

Leave a Reply

Member Login

Forgot Password?

Join Us

%d bloggers like this: