2004 Legislative Report for Period Ending April 23

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W Withdrawn from further consideration

For Period Ending: April 23

CS/SB 204 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. Identical to HB 983. Sen. Victor Crist (R-Tampa)

  • Senate: Passed the Senate (38/0). Now in H. Messages.

CS/SB 482 Consumer Protection/Personal Information: Prohibits the intentional 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)

  • Senate: One minor amendment adopted; passed the Senate (40/0) as amended. Now in H. Messages.

CS/SB 712 OGSR/Eminent Domain Records: Reenacts and narrows the exemption in s. 73.0155, F.S., for business records provided by the owner of a business to a governmental condemning authority as part of an offer of business damages pursuant to an eminent domain proceeding. As amended, the following records would be exempt: confidential federal tax returns and information; confidential state tax returns and information; balance sheets, profit-and-loss statements, cash-flow statements, inventory records, or customer lists; franchise, distributorship, or lease agreements; materials relating to methods of manufacture or production, potential trade secrets, patentable material, or actual trade secrets; and sensitive or proprietary business information under certain, specified conditions. Stipulates that the exemption expires if the information is publicly disclosed for any reason. Allows public employees access to the exempt information if needed for performance of public duties. S. Commerce Committee

  • Senate: Passed the Senate (38/0). Now in H. Messages.

p 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: Passed the Senate (40/0). PASSED THE LEGISLATURE.

CS/SB 1460 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. Sen. Skip Campbell (D-Tamarac) 🙁

  • S. Governmental Oversight & Productivity Committee: An amendment to the constitutionally-required statement of public necessity is adopted; reported favorably (7/2; Sens. Constantine and Posey voting no) as a committee substitute. Now in S. Rules.

SB 1626 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 HB 1031. Sen. Gwen Margolis (D-Miami Beach)

  • Senate: Passed the Senate (40/0). Now in H. Messages.

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. Appropriations Committee: Reported favorably. Now on H. Calendar.

CS/SB 1970 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 HB 1765. Sen. Skip Campbell (D-Tamarac)

  • S. Judiciary Committee: A strike all amendment, conforming SB 1970 to its House companion, is adopted. As amended, CS/SB 1970, 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. Now on S. Calendar.

CS/SB 2008 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 record affirmatively elects to make his or her record subject to public disclosure. Stipulates that social security numbers contained in motor vehicle records may be released as provided in s. 119.0721, F.S. Prohibits use of such information for the purpose of commercial solicitation of clients for litigation against motor vehicle dealers. Sen. Jim Sebesta (R-St. Petersburg) 🙁 🙁 🙁

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

SB 2082 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 HB 635. Sen. Dave Aronberg (D-Greenacres)

  • S. Governmental Oversight & Productivity Committee: Reported favorably (7/2; Sens. Constantine and Posey voting no). Now in S. Rules.

CS/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. Governmental Oversight & Productivity Committee: Two technical amendments adopted; reported favorably as a committee substitute. Now in S. Rules.

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. Governmental Oversight & Productivity Committee: A strike all amendment, exempting information that would identify a child or the child’s parent or guardian, held by a children’s service council, juvenile welfare board, or other similar entity, is adopted; reported favorably as a committee substitute. Now in S. Rules.

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. Similar to HB 1973. Sen. Anna Cowin (R-Leesburg)

  • S. Governmental Oversight & Productivity Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/CS/SB 3006 creates a public record exemption for user identifications and passwords; also exempts records, reports, and files stored in the electronic filing system until such time as the report is submitted as a filed report. Now in S. Rules.

NEW BILLS FILED

HB 1969 Exemption/Identity of Children: Creates a public record exemption for information identifying a child provided to the Children’s Services Council of Broward County or the Juvenile Welfare Board of Pinellas County or 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. Similar to SB 2704. H. Public Safety & Crime Prevention Committee

HB 1973 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. Similar to SB 3006. H. Procedures Committee

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Don’t be fooled into complacency by the length of this report – it’s short this week simply because there is an unusually large number of open government bills still pending in both the House and Senate as the deadline for reporting approaches. Just to give you a hint: Today the House is scheduled to hear a total of 17 (!) open government bills – 4 on third reading and 13 on the Special Order Calendar. Action on all of the bills on the FAF tracking list will be reported at the end of next week, which is the final week of the 2004 legislative session. In the meantime, keep your fingers crossed!

If you have any questions, or would like more information on a specific bill, please don’t hesitate to call us at 800/337-3518.

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