2005 Legislative Report for Period Ending April 15

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W Withdrawn from further consideration

For Period Ending: April 15

CS/HB 185 Exemption/Child Abuse Death Review Committees: Creates a public record exemption for information identifying a deceased child’s surviving siblings, family members, or others living in the home of the deceased, in records or reports created by the State Child Abuse Death Review Committee which relate solely to child fatalities. Stipulates that any confidential or exempt information received by the committee retains its exempt status. Also creates an exemption for those portions of committee meetings relating solely to child fatalities in which the identity of such survivors is discussed. Similar to SB 676. Rep. Gayle Harrell (R-Port St. Lucie)
NOTE: The Legislature failed to reenact the exemptions for the Child Abuse Death Review committees, which was subject to OGSR in 2004. The exemption, s. 383.410, F.S., is set to be repealed under SB 1338.

  • H. Future of Florida’s Families Committee: Reported favorably. Now in H. Criminal Justice.

HB 379 Student Assessment Instruments: In pertinent part, amends s. 1008.23, F.S., providing a public record exemption for academic examination and assessment instruments, to allow a student’s parent to review the student’s Florida Comprehensive Assessment Test (FCAT) under certain, specified conditions. Similar to SB 2280. Rep. Frank Peterman (D-St. Petersburg)

  • H. PreK-12 Committee: A strike all amendment, requiring the Department of Education to conduct a study of the feasibility and costs associated with parent and student review of individual FCAT answers, is adopted. Reported favorably as a committee substitute. Now in H. Civil Justice.

HB 627 Exemption/Florida Consumer Finance Act: Creates a public record exemption for investigative and examination information held by the Office of Financial Regulation of the Financial Services Commission until the investigation is complete or no longer active. Stipulates that such information may remain exempt under certain, specified conditions. Similar to SB 698. Rep. Nancy Detert (R-Venice)

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

HB 649 Crash Reports: Amends s. 316.066(3)(c), F.S., providing an exemption for information identifying the victims of car crashes, to allow disclosure of the exempt information to victim services programs. Similar to SB 1118. Rep. Julio Robaina (R-Miami)

  • H. Governmental Operations Committee: Reported favorably. Now in H. State Infrastructure Council.

SB 676 Exemption/Child Abuse Death Review Committees: Creates a public record exemption for information identifying a deceased child’s surviving siblings, family members, or others living in the home of the deceased, in records or reports created by the State Child Abuse Death Review Committee which relate solely to child fatalities. Stipulates that any confidential or exempt information received by the committee retains its exempt status. Also creates an exemption for those portions of committee meetings relating solely to child fatalities in which the identity of such survivors is discussed. Similar to SB 676. Rep. Gayle Harrell (R-Port St. Lucie) Similar to HB 185. Sen. Burt Saunders (R-Naples)

  • S. Health Care Committee: A strike all amendment addressing technical constitutional issues is adopted; reported favorably with one amendment. Now in S. Governmental Oversight.

CS/SB 938 Adverse Medical Incident Reports: Creates the “Patient’s Right to Know about Adverse Medical Incidents Act” for the purpose of implementing Art. X, s. 25, of the Florida Constitution, granting patient access to adverse medical incident records made or received by a health care facility or provider. Stipulates that such act does not repeal or otherwise modify existing laws regulating the use of such records. Further stipulates that such records must be available for inspection and copying upon “formal or informal” request by the patient or the patient’s representative. Defines “records” as the final report of any adverse medical incident required to be made by law. Provides that drafts or other nonfinal versions or required adverse incident reports, notes on which the report is based, attorney-client privileged communications, or documents privileged under the work-product doctrine. Prohibits disclosure of information identifying patients involved in the incidents and requires maintaining all privacy restrictions imposed by federal law. Allows access to adverse medical incident records by a patient of the facility or provider that pertain to incidents affecting the patient or affecting other patients whose condition, treatment, or diagnosis is the same or substantially similar to that of the patient requesting access. Provides that fees charged for copies must not exceed the reasonable and actual cost to comply with the request, including a reasonable charge for staff time required to redact patient identifying information. Requires a patient to make a request for adverse medical incident records in writing; such request must identify the patient requesting access by name, address, and the last four digit’s of the patient’s social security number and must include a description of the patient’s condition, treatment or diagnosis, and the name of the health care providers whose records are being sought. Similar to HB 1797. Sen. Durell Peaden (R-Crestview) ????

  • Senate: Various amendments approved by the S. Judiciary Committee allowing a broader right of access fail on second reading. Passes the Senate 38/2 (Sens. Campbell and Miller voting no). Now in H. Messages.

CS/HB 947 Exemption/Court Monitors: Creates a public record exemption for reports of court monitors relating to the medical condition, financial affairs, or mental health of the ward. Also exempts a court order appointing a court monitor on an emergency basis, court determinations relating to probable cause, and court orders finding no probable cause or to show cause. Stipulates that all such records may be subject to inspection as determined by the court. Rep. Ellyn Bogdanoff (R-Ft. Lauderdale) 🙁

  • H. Governmental Operations Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 947 creates a public record exemption for reports of court monitors and emergency court monitors relating to the medical condition, financial affairs, or mental health of the ward, as well as court orders appointing court monitors and emergency court monitors. Stipulates that such records become public upon a finding of probable cause by a court. Also exempts court determinations relating to a finding of no probable cause and court orders finding no probable cause. Allows access upon a showing of good cause. Now in H. Justice Council.

SB 974 OGSR/Domestic Violence Fatalities: Reenacts and substantially expands the limited exemptions for records and meetings of domestic violence fatality review teams in s. 741.3165, F.S., to (1) authorize persons or organizations to share information concerning domestic-abuse deaths or near deaths with review teams; (2) provide a public record exemption for shared information which is otherwise confidential and exempt; and (3) create an exemption for personal identifying information concerning a victim of domestic violence, a survivor of a near-fatal incident, or a victim’s or perpetrator’s family member contained in records obtained or produced by a domestic violence fatality review team. Similar to HB 1921. S. Children and Families 🙁

  • S. Governmental Oversight Committee: A strike all amendment narrowing the exemptions is adopted. Reported favorably as a committee substitute. As amended, CS/SB 974 reenacts and expands current exemptions for records of domestic violence fatality review teams in s. 741.3165, F.S., to (1) stipulate that any confidential or exempt information obtained by a domestic violence fatality review team retains is confidential or exempt status, and (2) create a public record exemption for information that would reveal the identity of a domestic violence victim or the victim’s children. Now in S. Rules.

SB 978 Unlawful Use of Personal Identifying Information: Stipulates that using deception to obtain certain personal identification information for commercial solicitation purposes is a violation of the Deceptive and Unfair Trade Practices law. Prohibits the unauthorized disclosure, sale, or transfer of such information to third parties. Provides penalties. Similar to HB 481. Sen. Skip Campbell (D-Tamarac) 🙁

  • S. Judiciary Committee: A strike all amendment, making substantive changes, is adopted. Reported favorably as a committee substitute. In pertinent part, CS/SB 978 stipulates that any person willfully and fraudulently creates or uses fictitious personal identification information concerning a person without first obtaining that person’s consent for the purpose of committing fraud commits a third degree felony. Also stipulates that any person conducting business in Florida who maintains computerized data that includes personal information must disclose any system security breach to any Florida resident whose personal information was reasonably believed to have been acquired by an unauthorized person. Finally, stipulates that a government agency will not be subject to administrative sanctions for nondisclosure of a breach unless the agency has contracted with a third party administrator to provide governmental services. In such cases, the third party administrator must disclose any breach of security. Now in S. Commerce.

SB 1028 Exemption/School Readiness Records: Expands the exemption in s. 411.011, F.S., for individual records of children enrolled in school readiness programs held by the early learning coalition or the Agency for Workforce Innovation, to exempt (1) personally identifiable records and (2) any person information contained in records provided under the school readiness program when held by the Agency for Workforce Innovation and an early learning coalition, its fiscal agent, and any entity performing duties under contract with a coalition. Similar to HB 1861. S. Commerce and Consumer Services

  • S. Governmental Oversight Committee: A strike all amendment is adopted. Reported favorably as a committee substitute. As amended, CS/SB 1028 reenacts, with minor technical modification the exemption in s. 411.011, F.S., for individual records of children enrolled in school readiness programs held by the early learning coalition or the Agency for Workforce Innovation. Now in S. Rules.

SB 1082 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 449. Sen. Les Miller (D-Tampa) 🙁

  • S. Governmental Oversight Committee: A strike all amendment narrowing the proposed exemptions is adopted. Reported favorably as a committee substitute. As amended, CS/SB 1082 exempts 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. Now in S. Rules.

SB 1098 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. Similar to HB 1929. Sen. Rod Smith (R-Gainesville)

  • S. Governmental Oversight Committee: A strike all amendment adding unrelated public record exemptions is adopted. Reported favorably as a committee substitute. As amended, CS/SB 1098 creates a public record exemption for all information obtained by a guardian ad litem in the discharge of official duties. Also creates a public record exemption for the home address, telephone number, place of employment, and photographs of current or former guardians ad litem, as well as the names, home address, telephone number, and place of employment of the spouses and children of such persons. Finally, allows disclosure of exempt information to staff of a child’s advocacy center. Now in S. Rules. 🙁 🙁

CS/SB 1118 Crash Reports: Amends s. 316.066(3)(c), F.S., providing an exemption for information identifying the victims of car crashes, to allow disclosure of the exempt information to victim services programs. Similar to HB 649. Sen. Burt Saunders (R-Naples)

  • S. Criminal Justice Committee: Reported favorably. Now on S. Calendar.

CS/SB 1144 Chapter 119 Reorganization: Phase 2 of a multi-phase project, SB 1144 focuses on public record exemptions, reorganizing and classifying different types of exemptions. Also revises s. 119.15, F.S., the Open Government Sunset Review Act, to delete redundant language. Similar to HB 1731. Sen. Nancy Argenziano (R-Crystal River)

  • Senate: Passes unanimously. Now in H. Messages.

CS/SB 1272 Exemption/Independent Education Commission: Creates a public record exemption for all investigatory records held by the Independent Education Commission, including minutes and findings of an exempt probable cause panel meeting. Stipulates that such information will be exempt for a period not to exceed 10 days after the panel makes a determination regarding probable cause. Also creates an exemption for portions of probable cause panel meetings at which exempt records are discussed. Similar to HB 1091. Sen. Steve Wise (R-Jacksonville)

  • S. Criminal Justice Committee: Reported favorably. Now in S. Governmental Oversight.

HB 1307 Exemption/Donors Library & Information Services: Creates a public record exemption for the identity of donors to the citizen support organization created to provide assistance, funding, and promotional support for the library, archives, and records management programs of the Department of State, Division of Library and Information Services. Stipulates that the exemption applies only if the donor desires to remain anonymous. Also exempts such information in an auditor’s report. Similar to SB 2142. H. Tourism Committee

  • H. State Infrastructure Council: Reported favorably. Now on H. Calendar.

HB 1411 Exemption/S. Florida Regional Transportation Authority: Creates a public records exemption for appraisal reports, offers, and counteroffers relating to land acquisition by the South Florida Regional Transportation Authority. Stipulates that the exemption expires when an option contract is executed or 30 days before a contract for purchase is considered for approval if there is no option contract. Allows the authority to disclose appraisal reports to private landowners during negotiations and third parties, stipulating that such reports remain exempt from public disclosure. Also stipulates that all such records become public if negotiations are terminated. Rep. Ron Greenstein (D-Coconut Creek)

  • H. Governmental Operations Committee: A strike all amendment making changes to the constitutionally-required statement of public necessity is adopted. Reported favorably as a committee substitute. Now in H. State Infrastructure Council.

CS/SB 1416 Exemption/Domestic Security Oversight Council: Creates an exemption for portions of meetings of the Domestic Security Oversight Council at which active criminal investigative or intelligence information is heard or discussed if (1) the council chair announces at a public meeting the need to discuss such information and (2) declares the specific need to close the meeting in writing. Stipulates that (3) the entire closed session must be recorded and no portions may be off the record, and (4) limits who may attend the closed session. Also creates a public record exemption for audio or video recordings and any minutes or notes generated during closed meetings, until the criminal investigation is no longer active or the security system plan is no longer in use. Similar to HB 1801. S. Domestic Security

  • S. Criminal Justice Committee: Reported favorably. Now in . Governmental Oversight.

HB 1491 Exemption/Municipal Ethics Commissions: Amends s. 112.324, F.S., to create a public record exemption for complaints and records relating to the complaint and any preliminary investigation held by a municipal ethics commission. Also exempts any proceedings conducted by such commissions. Stipulates that records and proceedings become public once the complaint is dismissed, the alleged violator requests the records and proceedings be made public, or until the commission determines probable cause. Similar to SB 1922. Rep. Arthenia Joyner (D-Tampa)

  • H. Local Government Council: Reported favorably. Now in H. State Administration Council.

HB 1695 Exemption/Voluntary PreK Education Program: Creates a public record exemption for personally identifiable records of children enrolled in the Voluntary Prekindergarten Education Program, as well as any personal information contained in such records. Stipulates that the exemption is retroactive. Similar to SB 2220. H. PreK-12 Committee

  • H. Education Council: Reported favorably. Now on H. Calendar.

CS/HB 1797 Adverse Medical Incident Records: Creates the “Patient’s Right to Know about Adverse Medical Incidents Act” for the purpose of implementing Art. X, s. 25, of the Florida Constitution, granting patient access to adverse medical incident records made or received by a health care facility or provider. Stipulates that such act does not repeal or otherwise modify existing laws regulating the use of such records. Further stipulates that such records must be available for inspection and copying upon “formal or informal” request by the patient or the patient’s representative. Defines “records” as a final report of any adverse medical incident, providing that drafts or other nonfinal versions or notes, and any documents or portions of documents that “constitute, contain, or reflect” attorney-client communications or work product are not considered records. Prohibits disclosure of information identifying patients involved in the incidents and requires maintaining all privacy restrictions imposed by federal law. Allows access to adverse medical incident records by a patient of the facility or provider that pertain to incidents affecting the patient or affecting other patients whose condition, treatment, or diagnosis is the same or substantially similar to that of the patient requesting access. Provides that fees charged for copies must not exceed the reasonable and actual cost to comply with the request, including a reasonable charge for staff time required to redact patient identifying information. Requires a patient to make a request for adverse medical incident records in writing; such request must identify the patient requesting access by name, address, and the last four digit’s of the patient’s social security number and must include a description of the patient’s condition, treatment or diagnosis, and the name of the health care providers whose records are being sought. Similar to SB 938 and SB 2218. H. Judiciary Committee ????

  • H. Health & Families Council: Reported favorably. Now on H. Calendar.

HB 1801 Exemption/Domestic Security Oversight Council: Creates an exemption for portions of meetings of the Domestic Security Oversight Council at which active criminal investigative or intelligence information is heard or discussed if (1) the council chair announces at a public meeting the need to discuss such information and (2) declares the specific need to close the meeting in writing. Stipulates that (3) the entire closed session must be recorded and no portions may be off the record, and (4) limits who may attend the closed session. Also creates a public record exemption for audio or video recordings and any minutes or notes generated during closed meetings, until the criminal investigation is no longer active or the security system plan is no longer in use. Similar to SB 1416. H. Domestic Security

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

SB 1810 Exemption/Court Monitors: Creates a public record exemption for a court order appointing a court monitor and the reports of such monitors. Also creates a public record exemption for a court order appointing a court monitor on an emergency basis, the reports of such monitors, court determinations relating to probable cause, and court orders finding no probable cause or to show cause. Stipulates that all such records may be subject to inspection as determined by the court. Similar to HB 947. Sen. Skip Campbell (D-Tamarac) 🙁

  • S. Judiciary Committee: A strike all amendment attempting to narrow the proposed exemptions is adopted. Reported favorably as a committee substitute. As amended, CS/SB 1810 creates a public record exemption for court orders appointing court monitors, and reports of court monitors relating to the medical condition, financial affairs, or mental health of the ward. Also exempts a court order appointing a court monitor on an emergency basis, court determinations relating to probable cause, and court orders finding no probable cause or to show cause. Now in S. Governmental Oversight.

HB 1817 OGSR/Certified Capital Company Act: Reenacts, with some modification, s. 288.99, F.S., providing public record exemptions for certain, specified information relating to investigations or reviews of certified capital companies by the Financial Regulation Office. Of significant interest, repeals the CAPCO Act as well as the public record exemptions effective December 31, 2010. Similar to SB 1024. H. Government Operations Committee

  • H. Finance & Tax Committee: Reported favorably. Now in H. State Administration Council.

HB 1861 OGSR/School Readiness Records: Reenacts, with minor modification, the exemption in s. 411.011, F.S., for individual records of children enrolled in school readiness programs held by the early learning coalition or the Agency for Workforce Innovation. Similar to SB 1028. H. Governmental Operations Committee

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

HB 1903 Exemption/Slot Machine Gaming Licensee: Creates a public record exemption for “nonessential private information” and trade secrets supplied by applicants for the purpose obtaining a license for slot machine gaming. H. Business Regulation 🙁

  • H. Governmental Operations Committee: A strike all amendment, creating an exemption for trade secret information held by Division of Slot Machines in the Department of Business and Professional Regulation, is adopted. Reported favorably as a committee substitute. Now in H. Commerce Council.

HB 1921 OGSR/Domestic Violence Fatalities: Reenacts and expands current exemptions for records of domestic violence fatality review teams in s. 741.3165, F.S., to (1) stipulate that any confidential or exempt information obtained by a domestic violence fatality review team retains is confidential or exempt status, and (2) create a public record exemption for information that would reveal the identity of a domestic violence victim or the victim’s children. Similar to SB 974. H. Governmental Operations

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

HB 1923 OGSR/Telecommunications – Proprietary Business Information: Amends and reenacts s. 202.195, F.S., providing an exemption for proprietary confidential business information obtained from a telecommunications or franchised cable company by a local government for the purpose of imposing fees or assessing services taxes, to stipulate that such information will be exempt from public disclosure only if the information (1) is treated by the company as confidential; (2) would be reasonably likely to be used by a competitor to harm the business interests of the company; and (3) is not otherwise readily ascertainable or public available “by proper means by other persons from another source in the same configuration.” Similar to SB 680. H. Governmental Operations

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

HB 1929 Exemption/Guardians Ad Litem: Creates a public record exemption for all information obtained by a guardian ad litem in the discharge of official duties. Also creates a public record exemption for the home address, telephone number, place of employment, and photographs of current or former guardians ad litem, as well as the names, home address, telephone number, and place of employment of the spouses and children of such persons. Finally, allows disclosure of exempt information to staff of a child’s advocacy center. Similar to SB 2382. H. Governmental Operations 🙁

  • H. Governmental Operations Committee: Reported favorably. Now in H. Justice Council.

HB 1939 Exemption/Hurricane Loss & Exposure Data: Creates a public record exemption for “reports of hurricane loss data and associated exposure data” specific to a particular insurance company reported to the Office of Insurance Regulation or a state university for the purpose of developing a hurricane loss projection model. Also creates an exemption for trade secrets and for portions of meetings at which trade secrets are discussed. Similar to CS/SB 1478. H. Insurance 🙁

  • H. Governmental Operations Committee: Reported favorably. Now in H. Commerce Council.

SB 2344 Exemption/Funeral, Cemetery & Consumer Services Board: Creates public meetings exemptions for the Funeral, Cemetery & Consumer Services Board when the board is meeting for the exclusive purpose of creating or reviewing licensure examination questions or answers. Also exempts meetings of the board’s probable cause panel. Creates various public record exemptions: (1) records of the Department of Business & Professional Regulation revealing the scheduling of inspections or special examinations until the inspection or examination has been initiated; (2) information held by DBPR pursuant to a financial examination or inspection until the examination or inspection is completed or no longer active; (3) information, including any consumer complaint, held by DBPR pursuant to an investigation of alleged unlicenced practice until the investigation is complete or no longer active; (4) complaints against licensees, (5) investigative records relating to the investigation of the complaint, and (6) record of probable panel proceedings relating to consideration and action concerning such complaints, until 10 days after a finding of probable cause; and (7) records revealing trade secrets of a licensee or applicant. Stipulates that such information may remain exempt under certain specified conditions. Similar to HB 1469. Sen. Mike Haridopolos (R-St. Augustine) 🙁

  • S. Regulated Industries Committee: One minor amendment adopted; reported favorably with one amendment. Now in S. Banking & Insurance.

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