2004 Legislative Report for Period Ending March 26

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W Withdrawn from further consideration

For Period Ending: March 26

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) 🙁 🙁 🙁

  • Senate: Various technical amendments adopted. Passed the Senate as amended (29/9). Now in House Returning Messages.

HB 337 Notaries Public: In pertinent part, requires notaries public to keep a record of each notarial act for at least five years. Allows inspection of such record by any person “lawfully entitled to the information”, but requires that the requestor submit a written request stating the month, year, and type of document or proceeding and the name of the signer or principal for a notarial act. Similar to SB 432. Rep. David Simmons (R-Altamonte Springs) 🙁

  • H. Commerce Committee: A minor technical amendment is adopted; reported favorably as a committee substitute. Now in H. Veterans & Military Affairs Subcommittee. 🙁

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: Rolled to third reading.

CS/HB 593 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/SB 348. Rep. Greg Evers (R-Milton)

  • H. State Administration Committee: A minor amendment to the required statement of public necessity is adopted; reported favorably as a committee substitute. Now on H. Calendar.

w SB 660 Government Publications: Prohibits a government agency from mailing unsolicited copies of annual reports or newsletters to persons other than elected or appointed state officers and legislative employees. Sen. Mike Haridopolos (R-Melbourne)

  • Senate: Withdrawn from further consideration.

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 Access & Financing Subcommittee: Reported favorably. Now in H. Insurance.

CS/SB 702 Exemption/Shell Bill: Expresses legislative intent to create a public record exemption. Sen. Steve Wise (R-Jacksonville) 🙁

  • S. Governmental Oversight & Productivity Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 702 creates: (1) 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; and (2) a public meetings exemption for those portions of meetings held by the FPSC during which exempt information is discussed. Now in S. Appropriations Subcommittee on General Government.

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. Judiciary Committee: Reported favorably. Now in H. Finance & Tax.

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. State Administration Committee: Minor technical amendment adopted; reported favorably as a committee substitute. Now in H. Local Government & Veteran’s Affairs.

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. Subcommittee on Banking & Securities: 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. Rep. David Rivera (R-Miami) made a motion for reconsideration. Pending reconsideration by the H. Subcommittee on Banking & Securities.

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 Care Committee: Reported favorably. Now in Health Appropriations.

CS/SB 1152 Exemption/Firearm Records: 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 required by federal law. Creates a public record exemption for criminal history record checks conducted by the Florida Department of Law Enforcement on purchasers of firearms. Also requires that FDLE destroy all records relating to such record checks within 48 hours after responding to a request for a license by a purchaser. Stipulates that a knowing violation of the prohibition by a government employee will result in immediate dismissal and that any governmental agency violating the prohibition will be subject to a fine of not more than $5 million if the prohibited record was compiled or maintained with the “knowledge or complicity of the management of the governmental” agency. Similar to CS/HB 155. Sen. Durell Peaden (R-Crestview) 🙁 🙁 🙁

  • Senate: Tabled; CS/HB 155 substituted. See CS/HB 155.

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: Rolled to third reading.

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. Criminal Justice Committee: Reported favorably. Now in S. Health.

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)

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

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)

  • House: Failed to receive constitutionally-required two-thirds vote (74/44). FAILED.

HB 1715 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 SB 2428. Rep. Gus Bilirakis (R-Palm Harbor) ???

  • H. Banking & Securities Subcommittee: 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 with one amendment. Now in H. Commerce.

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. H. Future of Florida’s Families Committee

  • H. Insurance Committee: Reported favorably (17/3). Now in H. State Administration.

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. Governmental Oversight & Productivity Committee: Reported favorably. Now on the S. Calendar.

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. Natural Resources Committee: Reported favorably (5/1; Sen. Dockery voting no). Now in S. Governmental Oversight.

SB 2206 Electronic Medical Records: Creates the Statewide Electronic Medical Advisory Panel for the purpose of advising the Agency for Health Care Administration in developing policies related to electronic medical records and the technology required for sharing clinical information among health care professionals, including standards for public access. Sen. Durell Peaden (R-Crestview)

  • S. Health, Aging & Long-Term Care Committee: Minor, technical amendments adopted; reported favorably as a committee substitute. Now in S. Health and Human Appropriations Subcommittee.

CS/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 CS/HB 1345. Sen. Mike Fasano (R-New Port Richey)

  • S. Governmental Oversight & Productivity 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 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, or “other similarly named entity” created for the purpose of providing services to children. 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. Children & Families Committee: Three amendments adopted; reported favorably as a committee substitute. As amended, CS/SB 2704 changes the status of the information from “confidential and exempt” to simply exempt, and expands the exemption to include service providers of the children’s services council and juvenile welfare board. Now in S. Criminal Justice.

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

NEW BILLS FILED

HB 1813 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. Similar to CS/CS/SB 712. H. State Administration

SB 3060 Chips’ Shore Memorial Act: Reiterates that only the Legislature has the authority to create exemptions to the Public Records Law under Florida’s Constitution. States that the judicial branch does not have the power to create exemptions to the public’s constitutional right to inspect and copy public records, except as set forth in Rule of Judicial Administration 2.051. Prohibits state courts from modifying or adding public record exemptions, except for the complete repeal of such rule, including imposing moratoriums or restrictions on the form in which public records are maintained or disseminated. Sen. Mike Bennett (R-Bradenton) ???

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