2004 Legislative Report for Period Ending March 5

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W Withdrawn from further consideration

For Period Ending: March 5

CS/HB 147 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 H. Lee Moffitt Cancer Center. Also exempts business transactions resulting from such research and 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 secrets; (3) internal auditing controls and reports; (4) contracts for managed-care arrangements and documents relating to the negotiation, performance, and implementation of such documents; (5) private contractual data; (6) corporate officer and employee personal information; (7) information relating to the proceedings and records of credentialing panels and committees; (8) minutes of exempt meetings; and (9) plans for marketing services. Also exempts portions of Institute board meetings where exempt information is discussed. Rep. Kevin Ambler (R-Tampa) 🙁 🙁 🙁

  • House: A strike all amendment making minor changes to the bill is adopted. Passes the House (80/39). Now in Senate Messages.

CS/SB 578 Exemption/Controlled Substance Database: Creates a public record exemption for a patient’s personal identifying information contained in the controlled substance database. Stipulates that unauthorized intentional disclosure of the exempt information is a third degree felony. Similar to HB 399. Sen. Mike Fasano (R-New Port Richey)

  • S. Governmental Oversight Committee: A strike all amendment, expanding the exemption for patient personal identifying information to also exempt information that would identify physicians and pharmacists, is adopted; reported favorably as a committee substitute. Now in S. Rules. 🙁 🙁 🙁

w HB 621 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. Identical to SB 2416. Rep. Kevin Ambler (R-Tampa) ???

  • House: Withdrawn from further consideration.

SB 652 Exemption/Law Enforcement Officers: Creates a public record exemption for “any personal or private record produced” by a law enforcement officer pursuant to an investigation of complaints against the officer. Defines “personal or private record” as “all written documents and other physical items or objects, including” personal telephone records, cellular telephone records, financial records, beeper and pager records, credit card and bank records, e-mail records, video and audio cassettes, or other objects made by the officer or which are the property of the officer. Similar to HB 433. Sen. Mike Fasano (R-New Port Richey) 🙁 🙁 🙁

  • S. Criminal Justice Committee: A minor technical amendment is adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight.

CS/HB 741 Identity Theft: Stipulates that any person who willfully obtains personal identifying information of another person and uses that information for any unlawful purpose commits the crime of identity theft, a first degree misdemeanor. Allows a victim of identity theft to petition a court for an expedited judicial determination of the victim’s innocence and authorizes the court to delete, seal or label the records to show that the records do not reflect the defendant’s identity. Also contains a statement of rights for victims of identity theft. Rep. Leslie Waters (R-St. Petersburg)

  • H. Public Safety Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 741 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. Now in H. Judiciary.

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

  • H. Commerce Committee: Reported favorably. Now on H. Calendar.

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. Stipulates that any information obtained by DOH that is otherwise exempt from disclosure will retain its exempt status. Similar to HB 1075. Sen. Durell Peaden (R-Crestview)

  • S. Health Committee: A strike all amendment, in pertinent part deleting the provision relating to the exempt information, is adopted; reported favorably as a committee substitute. Now in S. Appropriations Subcommittee on Health & Human Services.

CS/SB 1162 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. S. Communication and Public Utilities Committee

  • S. Governmental Oversight Committee: An amendment, narrowing the exemption for “other related information” to specifically exempt individual or aggregate customer data, usage and capacity data, and network facilities used to serve subscribers, is adopted; reported favorably as a committee substitute. Now in S. Rules.

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. Sen. Jim Sebesta (R-St. Petersburg) 🙁 🙁 🙁

  • S. Transportation Committee: An amendment stipulating that social security numbers contained in motor vehicle records may be released as provided in s. 119.0721, F.S., is adopted; reported favorably as a committee substitute. Now in S. Judiciary.

NEW BILLS FILED

HB 1147 Chapter 119/Reorganization: Makes various changes to public record requirements, including: (1) minor amendments to various statutes relating to retention of records; (2) creation of s. 39.2021, F.S., allowing a person or organization to petition the court for release of child abuse records held by the Department of Children & Family Services; (3) reorganization of chapter 119, F.S., Florida’s Public Records Law, deleting redundant provisions, grouping together similar topics, adding a definition of “redact”, and streamlining and organizing the chapter in a more logical fashion; and (4) making minor technical corrections to statutory references. Similar to SB 1678. H. State Administration

HB 1189 Personal Computerized Data/Privacy: Stipulates that anyone, including government agencies, doing business in Florida who owns or licenses or maintains computerized data containing personal information about any state resident must notify that resident if security of the data is breached. Similar to SB 2684. Rep. David Rivera (R-Miami) 🙁

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. Rep. Christopher Smith (D-Ft. Lauderdale) 🙁

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 critera 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)

HB 1347 Exemption/Prescription Drug Records: In pertinent part, stipulates that a “pharmacy benefits manger” report certain specified information to a “covered entity”, including health programs administered by the Department of Health. Prohibits disclosure of any information designated confidential by a pharmacy benefits manager. Rep. Yolly Roberson (R-N. Miami) 🙁

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)

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) ???

SB 2252 Expunction/Criminal History Records: Prohibits the expunction or sealing of a criminal history record if the defendant was found guilty of or pled guilty or nolo contendere to the offense of voyeurism, regardless of whether adjudication was withheld. Sen. Rod Smith (D-Gainesville)

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

SB 2370 Exemption/Law Enforcement Officers – Cellular Telephone Records: Creates a public record exemption for cellular telephone numbers, pager numbers, e-mail addresses, ID numbers and access codes, as well as all associated billing records, for active or former law enforcement personnel, including correctional and probation officers, and specified personnel of the Department of Children & Family Services, Department of Health, and the Department of Revenue. Stipulates that apparent misuse of a cellular telephone or electronic pager by a law enforcement officer noted during an audit by the Auditor General must be reported to the governing body and that any information obtained by the Auditor General retains its exempt status. Sen. Bill Posey (R-Rockledge) 🙁 🙁 🙁

SB 2416 Exemption/Office of Financial Regulation Investigations: Identical to HB 621. Sen. Jim Sebesta (R-St. Petersburg) ???

SB 2428 Exemption/Investigations – Commercial Collection Agencies: Identical to HB 1715. Sen. Victor Crist (R-Tampa) ???

SB 2436 Exemption/Home Addresses – Juvenile Probation Officers: Creates a public record exemption for the home addresses, telephone numbers, social security numbers, and photographs of current or former juvenile probation officers, juvenile probation supervisors and juvenile detention officers of the Department of Juvenile Justice. 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. Victor Crist (R-Tampa)

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) 🙁 🙁 🙁

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)

SB 2496 Exemption/Military Installations: Similar to HB 1345. Sen. Mike Fasano (R-New Port Richey)

SB 2526 Exemption/Seaports: Creates a public record exemption for all documents made or produced during background investigations of individuals seeking employment at, or regular access to, Florida seaports. Sen. Tony Hill (D-Jacksonville) 🙁

SB 2638 Unemployment Compensation Records: Requires the Agency for Workforce Innovation to contract with one or more consumer-reporting agencies to provide creditors with secured electronic access to the quarterly wages report submitted in accordance with state unemployment compensation laws, if creditors have obtained written consent from credit applicants. Limits use of such information. Sen. Steve Wise (R-Jacksonville)

SB 2684 Personal Computerized Data/Privacy: Similar to HB 1189. Sen. Dave Aronberg (D-Greenacres) 🙁

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) ???

Leave a Reply

Member Login

Forgot Password?

Join Us

%d bloggers like this: