2004 Legislative Report for Period Ending March 19

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W Withdrawn from further consideration

For Period Ending: March 19

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)

  • S. Regulated Industries Committee: Reported favorably. Now in S. Judiciary.

p 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)

  • Senate: Passed the Senate, 39/1 (Sen. Campbell voting no). PASSED THE LEGISLATURE.

CS/HB 393 Consumer Protection/Personal Information: Stipulates that any person who uses deceptive practices to obtain another person’s address, telephone number, or social security number and then uses such information to engage in commercial solicitation commits an “unfair or deceptive act” and is subject to penalties and remedies under ch. 501, F.S. Also prohibits the sale or transfer of personal customer information by an person filing for bankruptcy if such information is protected from disclosure by contract or a published privacy policy. Similar to SB 482. Rep. Shelley Vana (D-West Palm Beach)

  • H. Commerce Committee: Amended to prohibit 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. Reported favorably as a committee substitute. Now in H. Public Safety & Crime Prevention.

CS/SB 464 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 and photographs. 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,” based upon specific circumstances that have been reported in accordance with hospital procedures, and the employee submits a written request for confidentiality. S. Health, Aging & Long-Term Care

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

CS/SB 466 OGSR/Statewide Guardianship Office: Reenacts, with minor technical changes, 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. S. Health, Aging & Long-Term Care

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

SB 468 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. S. Health, Aging & Long-Term Care

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

SB 482 Consumer Protection/Personal Information: Stipulates that any person who uses deceptive practices to obtain another person’s address, telephone number, or social security number and then uses such information to engage in commercial solicitation commits an “unfair or deceptive act” and is subject to penalties and remedies under ch. 501, F.S. Also prohibits the sale or transfer of personal customer information by an person filing for bankruptcy if such information is protected from disclosure by contract or a published privacy policy. Similar to HB 393. Sen. Dave Aronberg (D-Greenacres)

  • S. Commerce Committee: Amended to conform to CS/HB 393, as above. Now in S. Judiciary.

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. Children’s Services Subcommittee: Reported favorably.
  • H. Future of Florida’s Families Committee: Reported favorably. Now in H. State Administration.

SB 674 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. S. Health, Aging & Long-Term Care

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

CS/HB 701 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 SB 2022. Rep. Donna Clarke (R-Sarasota) 🙂

  • H. Health Care Committee: A strike all amendment make various technical changes is adopted; reported favorably as a committee substitute. Now in Health Access & Financing Subcommittee.

CS/SB 704 Exemption/Shell Bill: Expresses legislative intent to create a public record exemption. Sen. Steve Wise (R-Jacksonville)

  • S. Governmental Oversight Committee: Amended to create an exemption for personal identifying information, including fingerprints, 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 in contained in another approved application. Reported favorably as a committee substitute. Now in S. General Government Appropriations Subcommittee.

HB 891 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. Similar to SB 1774. Rep. John Quiñones (R-Kissimmee)

  • H. Public Safety & Crime Prevention Committee: Minor technical amendments adopted; reported favorably as a committee substitute. Now in H. Education.

HB 1075 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 SB 1154. Rep. Don Sullivan (R-Largo)

  • H. Health Standards Subcommittee: Reported favorably. Now in H. Health Care.

HB 1345 Exemption/Military Installations: Creates a public record exemption for information held by the Governor’s Advisory Council on Base Realignment and Closure or the Office of Tourism, Trade, and Economic Development, 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. Commerce Committee: A strike all amendment, slightly expanding the exemption to include Enterprise Florida within the scope of the exemption, is adopted; reported favorably as a committee substitute. Now in H. State Administration.

HB 1691 Exemption/Audit Workpapers and Reports: Creates a public record exemption for audit workpapers and reports of an agency inspector general, stipulating that such records become public once the audit is complete and the report is final. Also prohibits disclosure of the name or identity of an individual filing a complaint or information under the Whistle-Blower’s Act unless the inspector general determines that disclosure is unavoidable during the course of the investigation. Rep. David Rivera (R-Miami)

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

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. Health, Aging & Long-Term Care Committee: An amendment stipulating that the exemption applies retroactively is adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight.

SB 2180 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. Sen. Steven Geller (D-Hallandale Beach) 🙁

  • S. Comprehensive Planning Committee: Reported favorably (5/2; Sens. Campbell and Posey voting no). Now in S. Judiciary.

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 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 circumstances. Also stipulates that intentional disclosure of the exempt information is a third degree felony. Identical to HB 1041. Sen. Charlie Clary (R-Destin) 🙁

  • S. Banking & Insurance 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 S. Judiciary.

CS/SB 2416 Exemption/Office of Financial Regulation Investigations: Creates a public record exemption for information relative to an investigation or examination by the Office of Financial Regulation of the Financial Services Commission until such time as the investigation is complete or no longer active. 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. Sen. Jim Sebesta (R-St. Petersburg)

  • S. Banking & Insurance 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 S. Judiciary.

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. Banking & Insurance 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 S. Governmental Oversight.

SB 2476 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. Identical to HB 969. Rep. Mike Haridopolos (R-Melbourne) 🙁 🙁 🙁

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

SB 2496 Exemption/Military Installations: Creates a public record exemption for information held by the Governor’s Advisory Council on Base Realignment and Closure or the Office of Tourism, Trade, and Economic Development, 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 HB 1345. Sen. Mike Fasano (R-New Port Richey)

  • S. Military and Veteran’s Affairs Committee: An amendment changing the effective date of the exemption is adopted; reported favorably with one amendment. Now in S. Governmental Operations.

NEW BILLS FILED

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

HB 1783 OGSR/911 Wireless Communication: Reenacts, with minor technical changes, the public record exemption for proprietary business information, including trade secrets and the name and billing addresses of service subscribers, and other related information submitted by a wireless communications service provider to the Department of Management Services under s. 365.174, F.S. H. State Administration Committee

HB 1785 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 SB 1880. H. State Administration Committee 🙁

SB 1970 Mediation Alternatives: Similar to HB 1765. (See also, SB 1972). Sen. Skip Campbell (D-Tamarac)

SB 2002 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) 🙂

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

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) 🙁

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)

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