2004 Legislative Report for Period Ending March 12

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W Withdrawn from further consideration

For Period Ending: March 12

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: Various amendments adopted; passed as amended (81/35). Now in Senate Messages.

CS/HB 317 Exemption/Blueprints and Schematic Diagrams: Creates a public record exemption for building plans, blueprints, schematic drawings and diagrams, including drafts and preliminary formats, which depict the internal or external layout or structural elements of an attractions and recreation facility, entertainment/resort complex, retail and service development, office development, and hotel or motel development. Provides definitions. Allows disclosure of the exempt records upon showing of good cause and court order. Stipulates that the exemption does not apply to comprehensive plans or site plans, or amendments to such plans, under local land development regulations, local zoning regulations, or development-of-regional impact review. Similar to SB 410. Rep. Ron Reagan (R-Sarasota)

  • House: Passed the House (113/3).
  • Senate: Substituted for CS/SB 410; rolls to third reading and final passage.

HB 399 Exemption/Controlled Substance Database: Creates a public record exemption for a patient’s personal identifying information contained in the controlled substance database. Allows access to the database by a patient for the purpose of verifying the accuracy of the information. Stipulates that unauthorized intentional disclosure of the exempt information is a third degree felony. Similar to SB 578. Rep. Gayle Harrell (R-Port St. Lucie)

  • H. Health Care: A strike all amendment, expanding the exemption for patient identifying information to also exempt the identity of physicians and pharmacists, is adopted; reported favorably as a committee substitute. Now in H. State Administration.

CS/SB 410 Exemption/Blueprints and Schematic Diagrams: Similar to CS/HB 317. Sen. Mike Bennett (R-Bradenton)

  • Senate: Tabled; CS/HB 317 substituted. See CS/HB 317.

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

  • House: Passed the House (116/0). Now in Senate Messages.

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. Identical to SB 204. Rep. Charlie Justice (D-St. Petersburg)

  • H. Commerce Committee: Reported favorably. Now in H. Judiciary Committee.

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. Sen. Alex Villalobos

  • S. Criminal Justice Committee: An amendment stipulating 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, is adopted; reported favorably with one amendment. Now in S. Governmental Oversight.

SB 2062 Records of Child Abuse or Neglect: Amends the exemption for records of child abuse or neglect under s. 39.202, F.S., to allow access to the exempt records by staff of a child advocacy center who are actively involved in providing services to the child. Sen. Rod Smith (R-Gainesville)

  • S. Children & Families Committee: Reported favorably; now in S. Governmental Oversight.

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. Communications Committee: Reported favorably; now in S. Natural Resources.

NEW BILLS FILED

HB 1729 OGSR/Health Care Employees: Amends s. 395.3025, F.S., providing a public record exemption for the home address, telephone number, social security number, and photograph of an employee of any licensed health care facility providing direct patient care or security service, by deleting the exemption for social security numbers. Also amends a similar exemption for any employee of a licensed health care facility if the employee has “a reasonable belief that release of the information may be used to threaten, intimidate, harass, inflict violence upon, or defraud the employee or any member of the employee’s family,” and the employee submits a written request for confidentiality. Similar to SB 464. H. State Administration

HB 1731 OGSR/Public Hospital Written Strategic Plans: Reenacts, without modification, the exemption for portions of a public hospital governing board meeting at which exempt written strategic plans are discussed, reported on, modified, or approved. Identical to SB 468. H. State Administration

HB 1733 OGSR/Home Medical Equipment Providers: Narrows and reenacts the public record exemption in s. 400.945, F.S., for medical and personal identifying information about patients of a licensed home medical equipment provider obtained by the Agency for Health Care Administration through reports or inspection. Identical to SB 674. H. State Administration

HB 1735 OGSR/Statewide Guardianship Office: Reenacts, without modification, the public record exemption for all records held by the Statewide Public Guardianship Office relating to the medical, financial, or mental health of elderly persons, disabled adults, or persons with a mental illness under s. 744.7081, F.S. Similar to SB 466. H. State Administration

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 🙁 🙁 🙁

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. (For more information about the program, see SB 160.) Sen. Evelyn Lynn (R-Ormond Beach) ???

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 HB 147. Sen. Les Miller (D-Tampa)

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