2005 Legislative Report for Period Ending April 8

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W Withdrawn from further consideration

For Period Ending: April 8

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. Economic Development Committee: Reported favorably. Now in H. Education Appropriations.

HB 481 Unlawful Use of Personal Identifying Information: In pertinent part, CS/HB 481 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 need not disclose a security 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. Provides penalties. Similar to SB 978. Rep. Leslie Waters (R-St. Petersburg)

  • H. Business Regulation Committee: An amendment relating to the requirement that a Florida company maintaining computerized data including personal information notify any resident whose personal information may be been acquired by an unauthorized person, is adopted. Reported favorably as amended. Now in H. Justice Appropriations.

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. Criminal Justice Committee: Reported favorably. Now in H. Governmental Operations.

SB 680 OGSR/Telecommunications – Proprietary Business Information: Amends 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) may cause harm to the provider’s business interests, operations, or security: (2) is not otherwise known; or (3) cannot otherwise be legally obtained. S. Communications and Public Utilities

  • S. Governmental Operations Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 680 creates a public record 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.” Now in S. Rules.

CS/HB 729 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. Also creates an exemption for medical records and other information relating to the medical condition or medical status of a claimant that are part of a claims file, 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, exempts the minutes of all closed meetings until settlement of the claim and termination of all litigation. Similar to SB 1442. Rep. Dudley Goodlette (R-Naples)

  • House: A technical amendment to the constitutionally required statement of public necessity is adopted. Passed unanimously as amended. Now in S. Messages.

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 declares a finding of 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. Governmental Operations Committee: An amendment clarifying that the exempt records become public 10 days after the panel makes a determination regarding probable cause is adopted. Reported favorably as amended. Now in H. Education Council.

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. Transportation Committee: A strike-all technical amendment is adopted; reported favorably as a committee substitute. Now in S. Criminal Justice.

SB 1272 Exemption/Independent Education Commission: Creates a public record exemption for a complaint filed with the Independent Education Commission, information obtained pursuant to an investigation, and the minutes and findings of a probable cause panel. Stipulates that such information will be exempt for no more than 10 days after the panel declares findings of probable cause. Also creates an exemption for panel proceedings until 10 days after the panel declares its findings. Similar to HB 1091. Sen. Steve Wise (R-Jacksonville) 🙁

  • S. Education Committee: A strike-all amendment, clarifying that the investigatory records become public regardless of whether probable cause is found, is adopted. As amended, CS/SB 1272 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. Reported favorably as a committee substitute. Now in S. Criminal Justice Committee.

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. Transportation & Economic Development Appropriations: Reported favorably. Now in H. State Infrastructure Council.

HB 1387 Offender and Murderer Registration: Requires murderers and career offenders to register with state and local law enforcement agencies within 48 hours of release or relocation to the state. Authorizes law enforcement agencies to notify the community and the public of the presence of a career offender or murderer in the community. Similar to SB 2056. Rep. Everett Rice (R-Seminole)

  • H. Criminal Justice Committee: A strike all amendment making various technical changes is adopted. Reported favorably as a committee substitute. Now in H. Justice Appropriations.

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. Transportation Committee: Reported favorably. Now in H. Governmental Operations.

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. Similar to SB 58. Rep. Gustavo Barreiro (R-Miami) 🙁

  • H. Criminal Justice Committee: Reported favorably. Now in H. State Administration Council.

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. Economic Development Committee: Reported favorably, 10/1 (Rep. Charlie Justice voting no.) Now in H. Governmental Operations.

SB 1478 Exemption/Shell Bill: Expresses legislative intent to create public records and public meetings exemptions. Sen. Rudy Garcia (R-Hialeah) 🙁

  • S. Banking & Insurance Committee: A strike-all amendment is adopted; reported favorably as a committee substitute by a vote of 8/2 (Alexander and Campbell voting no). As amended, CS/SB 1478 creates public record exemptions 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. Stipulates that the exemption does not include reports of loss or exposure data aggregated for all insurers or loss reports for 2004 or future hurricanes which must be filed with the OIR. Also creates an exemption for trade secrets and for portions of meetings at which trade secrets are discussed. Now in S. Judiciary.

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. Ethics & Elections Committee: Reported favorably. Now in H. Local Government Council.

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. Ethics & Elections Committee: Reported favorably 5/3 (Reps. Susan Bucher, Anne Gannon, and Tim Ryan voting no). Now in H. Governmental Operations.

HB 1609 Patient Records: Requires a person or entity acquiring individually identifiable health information under contract with a licensed health care facility to disclose to the facility whether any of the information will be transmitted to a site overseas. Prohibits such transmission unless (1) the facility discloses to the patient that such information may be transmitted; (2) the patient provides written consent for the transmission; and (3) the patient consent is renewed annually. Also stipulates that the patient may revoke consent in writing at any time. Rep. Susan Bucher (D-West Palm Beach) 🙂

  • H. Health Care Regulation Committee: Reported favorably. Now in H. Health & Families Council.

HB 1691 OGSR/Seaport Security Plans: Reenacts, with minor technical modifications, s. 311.13, F.S., providing a public record exemption for seaport security plans. Also exempts photographs, maps, blueprints, drawings, and similar material depicting critical seaport operating facilities if the seaport authority determines that such items contain information that is not generally known and that could jeopardize the security of the seaport if disclosed. Similar to SB 288. H. Governmental Operations Committee

  • H. Domestic Security Committee: 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. Governmental Operations Committee: Reported favorably. Now in H. Education Council.

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 request 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 2218. H. Judiciary Committee ????

  • H. Health Care Regulation Committee: A number of technical amendments are adopted; reported favorably as a committee substitute. Now in H. Health & Families Council.

SB 2178 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 HB 1591. Sen. Bill Posey (R-Rockledge) 🙁

  • S. Ethics & Elections Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 2178 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. Now in S. Governmental Oversight.

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. Education Committee: A minor amendment is adopted; reported favorably with one amendment. Now in S. Governmental Oversight.

SB 2382 Exemption/Home Addresses – Guardians Ad Litem: Creates a public record exemption for the home addresses, telephone numbers, social security numbers, and photographs of current or former guardians ad litem. 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. Rod Smith (D-Gainesville) 🙁

  • S. Children & Families Committee: Reported favorably. Now in S. Governmental Oversight.

CS/SB 2644 Exemption/Legislative Information Services: As amended, creates a public record exemption for user identifications and passwords held by the Division of Legislative Information Services and the Ethics Commission pursuant to electronic filing of lobbying activity reports, and for draft reports and files stored in the electronic filing system until the report has been submitted as a filed report. Also exempts proceedings and other records relating to audits and investigations by the Ethics Commission until such time subject of the investigation requests that records and proceedings be open or until there is a finding of probable cause. Sen. Jim Sebesta (R-St. Petersburg)

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

NEW BILLS FILED

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 🙁

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

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

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

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 🙁

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 🙁

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