2005 Legislative Report for Period Ending April 22

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W Withdrawn from further consideration

For Period Ending: April 22

HB 111 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. Similar to SB 654. Rep. Charles Dean (R-Inverness) 🙁 🙁 🙁

  • H. Justice Council: An amendment stipulating that an application for administrative expunction must include an affidavit by the chief law enforcement officer verifying that the arrest record has been reviewed and that the arrest was “contrary to law or a mistake” is adopted. Reported favorably as a committee substitute. Now on the H. Calendar.

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 The exemption, s. 383.410, F.S., is set to be repealed under SB 1338.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. State Administration Council: Reported favorably. Now on H. Calendar.

CS/HB 449 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. Similar to SB 1092. Rep. Kevin Ambler (R-Tampa)

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

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)

  • House: Passed unanimously. Now in S. Messages.

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

CS/SB 698 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 HB 627. Sen. Jim Sebesta (R-St. Petersburg)

  • S. Governmental Oversight Committee: A strike all amendment making minor technical changes to the bill is adopted. Reported favorably as a committee substitute. Now in S. Rules.

SB 896 OGSR/Florida Prepaid College Program: Reenacts, with minor technical changes, the public record exemption for information identifying the purchaser and the beneficiary of any prepaid college program plan or any college savings program. Similar to HB 1729. S. Education

  • S. Governmental Oversight Committee: A strike all amendment narrowing the exemption is adopted. Reported favorably as a committee substitute. As amended, CS/SB 896 exempts information identifying the benefactor or designated beneficiary of any prepaid college program plan or college savings plan. Now in S. Rules.

SB 1024 OGSR/Certified Capital Company Act: Reenacts and amends s. 288.99, F.S., narrowing the public record exemptions for certain, specified information relating to investigations or reviews of certified capital companies by the Financial Regulation Office. Specifically, SB 1024 repeals the current public record exemption for: (1) personal information of Office of Financial Regulation who may be involved in CAPCO investigations; (2) information obtained by any person which has been made available on a confidential basis; and (3) social security numbers (which are already exempt under s. 119.0721, F.S.). SB 1024 retains the current public record exemption for information related to OFR investigations or review of certified capital companies until such time as the investigation is complete or no longer active, stipulating that some information may remain exempt under certain specified circumstances. Similar to HB 1817. S. Commerce and Consumer Services

  • S. Governmental Oversight Committee: Reported favorably. Now in S. Government Efficiency Appropriations.

CS/HB 1091 Exemption/Independent Education Commission: Creates public record exemptions for complaints filed with the Independent Education Commission, all investigatory records held by the Commission in conjunction with investigations into such complaints, including minutes and findings of exempt probable cause panel meetings convened in conjunctions with such investigations. Stipulates that such information will be exempt for no more than 10 days after the panel makes a determination regarding probable cause. Also creates an exemption for panel proceedings until 10 days after the panel declares its findings. Similar to SB 1272. Rep. Ron Greenstein (D-Coconut Creek)

  • H. Education Council: A technical amendment is adopted. Reported favorably as a committee substitute. Now on the H. Calendar.

SB 1142 Exemption/Trade Secrets: Creates a public record exemption for trade secrets held by state agencies. Stipulates that the proprietor of the trade secret submit a written declaration which identifies the trade secret and makes specific certifications thereto. Also creates an exemption for any portion of a meeting at which exempt trade secret information is reviewed or discussed. Similar to HB 1919. Sen. Nancy Argenziano (R-Crystal River) ???

  • S. Commerce & Consumer Services Committee: A strike all amendment is adopted. Reported favorably as a committee substitute. As amended, CS/SB 1142 creates a public record exemption for a trade secret held by an agency if (1) the proprietor of the trade secret submits a legally-verified written declaration which (a) identifies the trade secret; (b) certifies that the identified information is a trade secret; (c) certifies that the identified information derives independent economic value from not being generally known or readily ascertainable by other people; (d) certifies that the proprietor has attempted to maintain the secrecy of the identified information; and (e) certifies that the identified information is not readily ascertainable or publicly available. Stipulates that the exemption will apply only if (2) the identified information is not readily ascertainable or publicly available by proper means by other persons from any source. Further stipulates that (3) the exemption will not apply to information that is a price or cost included in a response to a competitive solicitation submitted to an agency. Also creates an exemption for those portions of a meeting at which exempt trade secret information is discussed. Now in S. Governmental Oversight.

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. Governmental Oversight Committee: Two technical amendments adopted. Reported favorably as a committee substitute. Now in S. Rules.

CS/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. State Infrastructure Council: Reported favorably. Now on H. Calendar.

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. Governmental Oversight Committee: Reported favorably. Now in S. Rules.

HB 1435 Exemption/Home Addresses – Medical Examiner Office Employees: Creates a public record exemption for the home addresses, telephone numbers, social security numbers, and photographs of employees of a law enforcement agency or medical examiner’s office in a forensic discipline recognized by the International Association for Identification who are qualified for active membership in the association. 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. Gustavo Barreiro (R-Miami) 🙁

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

CS/SB 1442 Exemption/Florida Self-Insurers Guaranty Association: Creates a public record exemption for claims files of the Florida Self-Insurer Guaranty Association, stipulating that the records become public upon termination of all litigation and settlement of all claims arising out of the same incident. Creates an exemption for medical records that are part of a claims file. Also creates an exemption for those portions of association board meetings during which exempt claims files are discussed, requiring that the closed portions be recorded and transcribed. Finally, the minutes of all closed meetings until settlement of the claim and termination of all litigation. Similar to HB 729. Sen. Jeff Atwater (R-North Palm Beach)

  • S. Governmental Oversight Committee: Two minor amendments adopted. Reported favorably as a committee substitute. Now in S. Rules.

HB 1469 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 unlicensed 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 SB 2344. Rep. Paige Kreegel (R-Punta Gorda) 🙁

  • H. Commerce Council: A strike all amendment is adopted. Reported favorably as a committee substitute. As amended, CS/HB 1469 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 a public record exemption for (1) records of exempt meetings of the probable cause panel board, stipulating that such records become public 10 days after a determination is made regarding probable cause. Also creates public record exemptions for information held by DBPR pursuant to a (1) financial investigation until the investigation is complete or no longer active; (3) inspection until the inspection is complete or no longer active; and (4) investigations of violations until the investigation is complete or no longer active or until 10 days after a determination is made regarding probable cause. Finally, creates a public record exemption for (5) records revealing trade secrets held by DBPR or the board. Now on the H. Calendar.

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

HB 1591 Exemption/Voter Registration Information: Creates a public record exemption for a voter registration applicant’s signature and social security number. Also creates a public record exemption for information relating to absentee ballot requests, including the date the request was made, the date the absentee ballot was delivered or mailed, the date the ballot was received by the supervisor of elections, and any other information “the supervisor deems necessary regarding the request.” Stipulates that such information may be disclosed for political purposes only to a canvassing board, an election official, a political party, a candidate for office, registered political committees, and committees of continuous existence. Similar to SB 2178. Rep. Don Brown (R-DeFuniak Springs) 🙁

  • H. State Administration Council: A strike all amendment is adopted. Reported favorably as a committee substitute. As amended, CS/HB 1591 creates a public record exemption for the social security number, driver’s license number, and Florida identification number of a voter registration applicant or a voter. Stipulates that the exemption applies retroactively. Now on the H. Calendar.

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

  • House: Passed unanimously. Now in S. Messages.

HB 1699 OGSR/Interference with Custody: Reenacts and narrows s. 787.03, F.S., providing an exemption for information provided to a sheriff or state attorney by a person who takes a child under certain specified conditions. As amended, the name of the person taking the child and the current address and telephone number of the person and child are confidential and exempt from public disclosure. Stipulates that the exemption must be reviewed and reenacted under the Open Government Sunset Review Act in 2006. Similar to SB 726. H. Governmental Operations Committee

  • House: Passed unanimously. Now in S. Messages.

HB 1729 OGSR/Florida Prepaid College Program: Reenacts and narrows the public record exemption for information identifying the purchaser and the beneficiary of any prepaid college program plan or any college savings program. Similar to SB 896. H. Governmental Operations Committee

  • House: Passed unanimously. Now in S. Messages.

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. State Administration Council: A strike all amendment making various changes to provisions other than the public record exemption is adopted. Reported favorably as a committee substitute. Now on the H. Calendar.

CS/HB 1903 Exemption/Slot Machine Gaming Licensee: Creates a public record exemption for trade secrets supplied by applicants for the purpose obtaining a license for slot machine gaming. H. Business Regulation

  • H. Commerce Council: Reported favorably. Now on the H. Calendar.

HB 1919 Exemption/Trade Secrets: Creates a public record exemption for trade secrets held by state agencies. Stipulates that the proprietor of the trade secret submit a written declaration which identifies the trade secret and makes specific certifications thereto. Also creates an exemption for any portion of a meeting at which exempt trade secret information is reviewed or discussed. Similar to SB 1142. H. Governmental Operations Committee

  • H. State Administration Council: Amended to conform to CS/SB 1142. (See above.) Now on H. Calendar.

SB 1922 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 HB 1491. Sen. Jim Sebesta (R-St. Petersburg)

  • S. Community Affairs Committee: A strike all amendment making minor, technical changes and adding a sunset review requirement is adopted. Reported favorably as a committee substitute. Now in S. Governmental Oversight.

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. Justice Council: A minor amendment limiting disclosure of exempt information to the director of a child’s advocacy center is adopted. Reported favorably as a committee substitute. Now on the H. Calendar.

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. Commerce Council: An amendment adding a definition for “hurricane loss data and associated exposure data” is adopted. Reported favorably as a committee substitute. As amended, CS/HB 1939 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. “Hurricane loss data and associated exposure data” is defined as “the type, age, wind mitigation features, and location of each property insured; the amount and type of coverage written on each of those properties; the amount, date, and type of damage paid for by the insurer on each property; and the amount of any reserves held by an insurer for future payments or expenses on damages associated with the date(s) of occurrence of hurricanes.” Also creates an exemption for trade secrets and for portions of meetings at which trade secrets are discussed. Now on the H. Calendar.

SB 1982 Exemption/Collection Practices Investigations: Creates a public record exemption for information received or created during an investigation into consumer or commercial collection practices by the Office of Financial Regulation of the Financial Services Commission, including any consumer complaint. Stipulates that such records become public once the investigation is complete or no longer active. Also stipulates that the records may remain exempt from public disclosure under certain specified conditions. Similar to HB 1135. Sen. Victor Crist (R-Tampa) 🙁

  • S. Banking & Insurance Committee: An amendment deleting “proprietary business information” from information that may remain exempt after investigation is complete is adopted. Reported favorably as a committee substitute. Now in S. Commerce.

SB 2142 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 HB 1307. Sen. Nancy Argenziano (R-Crystal River)

  • S. Governmental Oversight Committee: One minor technical amendment is adopted. Reported favorably as a committee substitute. Now in S. Community Affairs.

CS/SB 2178 Exemption/Voter Registration Information: Creates a public record exemption for the social security number, driver’s license number, Florida identification card number, and telephone number of a voter registration applicant or a voter. Allows inspection, but not copying, of an applicant’s or voter’s signature. Similar to HB 1591. Sen. Bill Posey (R-Rockledge)

  • S. Governmental Oversight Committee: Two amendments, one technical and the other adding a provision making the exemption retroactive, are adopted. Reported favorably as a committee substitute. Now in S. Rules.

SB 2220 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 HB 1695. Sen. Jim King (R-Jacksonville)

  • S. Governmental Oversight Committee: A strike all amendment is adopted. Reported favorably as a committee substitute. As amended, CS/SB 2220 creates a public record exemption for the individual records of a child enrolled in the Voluntary Prekindergarten Education Program held by an early learning coalition, the Agency for Workforce Innovation, or a Voluntary Prekindergarten Education Program provider. Allows disclosure under certain specified conditions. Now in S. Rules.

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. Banking & Insurance Committee: Reported favorably. Now in S. Criminal Justice.

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