2005 Legislative Review: Pre-Session Report

Foundation Members: The following is a list of the bills, grouped by general category, we will be tracking throughout the 2005 Legislative Session. As usual, we have selected those bills with open government and first amendment implications we think will be of interest to our members. After the summary of each open government bill, you will find an easily recognizable indication of whether the bill is good or bad. Under this reporting system, 🙂 is Good and 🙁 is Bad. Those bills that are neither good nor bad will not be marked. If we’re not sure of a bill, it will be marked with ???. During session, we will report any activity on these bills, as well as any new legislation that may be filed, on a weekly basis. Bills are listed in numerical order. When the text of the bill and its companion are identical, only the first bill listed is analyzed. We suggest you keep this pre-session report, as the weekly reports will not contain a complete description of all the bills.

Open Government Sunset Review (OGSR): Under the Open Government Sunset Review Act of 1995, all exemptions to the Sunshine Law and Public Records Law must be reviewed and reenacted by the Legislature five years after the date of enactment, or the exemption will automatically “sunset”. The 2005 Legislature will be reviewing all exemptions created in 2000. Those bills will be included in our legislative reports and are designated “OGSR”.

PUBLIC RECORDS and OPEN MEETINGS

SB 58 Exemption/Home Addresses – Lab Personnel: Creates a public record exemption for the home addresses, telephone numbers, social security numbers, and photographs of current or former crime laboratory or medical examiner’s office employees. Also exempts the home addresses, telephone numbers, social security numbers, photographs, and places of employment of their spouses and children, and the names and locations of schools and day care facilities attended by such children. Similar to HB 217. Sen. Skip Campbell (D-Tamarac) 🙁

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. Criminal Justice Committee: Reported favorably. Now in H. Justice Council.

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.

HB 217 Exemption/Home Addresses – Lab Personnel: Similar to SB 58. Rep. Gus Barreiro (R-Miami)

SB 288 OGSR/Seaport Security Plans: Reenacts, without modification, 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. S. Domestic Security

  • S. Domestic Security Committee: Reported favorably.
  • S. Governmental Oversight Committee: Reported favorably with two technical amendments. Now in S. Rules.

SB 306 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. Sen. Mike Fasano (R-New Port Richey) 🙁 🙁 🙁

SB 322 Reporting of Outsourcing Contracts: Requires the Department of Management Services (DMS) to report all agency outsourcing contracts and subcontracts. Stipulates that such report must identify (1) the name, legal domicile, and principal place of business of each contractor and subcontractor; (2) the physical locations where contractual services are being performed; and (3) the contract prices. Also stipulates that the report must be made publicly available through the agency’s website. Similar to HB 429. Sen. Skip Campbell 🙂 🙂 🙂

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. Rep. Frank Peterman (D-St. Petersburg)

HB 429 Reporting of Outsourcing Contracts: Similar to SB 322. Rep. Jack Seiler (D-Pompano Beach)

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. Also exempts business transactions resulting from such research and any information received by the Center that is otherwise confidential or exempt. Rep. Kevin Ambler (R-Tampa)

HB 475 Access to DCFS Records: Stipulates that the Department of Children & Family Services must share confidential or exempt information with members of the legislature when such information is necessary for performance of a legislator’s official duties. Further stipulates that such information retains its confidential or exempt status. Rep. Susan Bucher (D-West Palm Beach)

HB 481 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 SB 978. Rep. Leslie Waters (R-St. Petersburg)

SB 504 Electronic Voting Systems: Requires that all electronic or electromechanical voting systems be capable of producing voter-verified paper records suitable for use in manual audits. Similar to HB 713. Sen. Tony Hill (D-Jacksonville) 🙂

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)

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)

SB 654 Expunction/Non-Judicial Arrest Records: Similar to HB 111. Sen. Mike Haridopolos (R-Melbourne)

SB 676 Exemption/Child Abuse Death Review Committees: Similar to HB 185. Sen. Burt Saunders (R-Naples)

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) would “likely be used” by a competitor to harm the business interests of the provider: (2) is not otherwise known; or (3) cannot otherwise be legally obtained. S. Communications and Public Utilities

  • S. Communications and Public Utilities Committee: An amendment stipulating that such information will be exempt if disclosure “may cause harm” to the provider’s business interests, operations, or security, is adopted; reported favorably with one amendment. Now in S. Governmental Oversight.

SJR 682 Adverse Medical Incidents: Proposes a constitutional amendment to repeal Article X, s. 25, providing a right of access to adverse medical incident reports. Sen. Burt Saunders (R-Naples) 🙁 🙁 🙁
NOTE: Article X, s. 25, of the Florida Constitution, was approved in the 2004 election by 81% of the voters.

SB 698 Exemption/Florida Consumer Finance Act: Similar to HB 627. Sen. Jim Sebesta (R-St. Petersburg)

HB 713 Electronic Voting Systems: Similar to SB 504. Rep. Audrey Gibson (D-Jacksonville)

SB 726 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. S. Judiciary

  • S. Judiciary Committee: Reported favorably.
  • S. Governmental Operations: Reported favorably. Now in S. Rules.

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 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)

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. S. Education

  • S. Education Committee: Reported favorably. Now in S. Governmental Oversight.

SB 942 Shell Bill/Public Records: Expresses legislative intent to revise laws relating to public record exemptions. Sen. Durell Peaden (R-Crestview) 🙁

HB 947 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. Rep. Ellyn Bogdanoff (R-Ft. Lauderdale) 🙁

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. S. Children and Families 🙁

  • S. Children and Families Committee: Reported favorably. Now in S. Judiciary.

SB 978 Unlawful Use of Personal Identifying Information: Similar to HB 481. Sen. Skip Campbell (D-Tamarac)

SB 1024 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. S. Commerce and Consumer Services

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. S. Commerce and Consumer Services

SB 1082 Exemption/H. Lee Moffitt Cancer Center: Similar to HB 449. Sen. Les Miller (D-Tampa)

HB 1091 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 SB 1272. Rep. Ron Greenstein (D-Coconut Creek)

SB 1092 Unemployment Compensation Records: Requires the Agency for Workforce Innovation to contract with consumer-reporting agencies to provide creditors and employers with secured electronic access to quarterly wage report information provided by employers. Stipulates that consumer-reporting agencies, creditors, and employers accessing such information must “safeguard the confidentiality of the information.” Sen. Steve Wise (R-Jacksonville) ???

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. Sen. Rod Smith (R-Gainesville)

SB 1118 Crash Reports: Similar to HB 649. Sen. Burt Saunders (R-Naples)

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. Sen. Nancy Argenziano (R-Crystal River) ???

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. Sen. Nancy Argenziano (R-Crystal River)

SB 1226 Shell Bill/Domestic Security: Expresses legislative intent to revise laws relating to domestic security. Sen. Alex Diaz de la Portilla (R-Miami) ???

SB 1272 Exemption/Independent Education Commission: Similar to HB 1091. Sen. Steve Wise (R-Jacksonville)

SB 1332 Shell Bill/Public Records: Express legislative intent to enact laws relating to public records in order to implement Amendment 4 to the Florida Constitution, which authorizes Miami-Dade and Broward county voters to approve slot machines in pari-mutuel facilities. Sen. Dennis Jones (R-Seminole) ???

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 or security system plan 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. S. Domestic Security

SB 1442 Exemption/Florida Self-Insurers Guaranty Association: Similar to HB 729. Sen. Jeff Atwater (R-North Palm Beach)

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

SB 1594 Exemption/Shell Bill: Expresses legislative intent to create public records and public meetings exemptions. Sen. Nancy Argenziano (R-Crystal River) 🙁

SB 1596 Exemption/Shell Bill: Expresses legislative intent to create public records and public meetings exemptions. Sen. Nancy Argenziano (R-Crystal River) 🙁

SB 1628 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 Justices. 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)

Leave a Reply

Member Login

Forgot Password?

Join Us

%d bloggers like this: