2005 Legislative Report for Period Ending March 11

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W Withdrawn from further consideration

For Period Ending: March 11

w HB 217 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 SB 58. Rep. Gus Barreiro (R-Miami)

  • House: Withdrawn from consideration.

w 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) 🙁 🙁 🙁

  • Senate: Withdrawn from consideration.

SB 654 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 HB 111. Sen. Mike Haridopolos (R-Melbourne)

  • S. Criminal Justice Committee: Reported favorably. Now in S. Judiciary.

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held by the Office of Financial Regulation of the Financial Services Commission until the investigation is complete or no longer active.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. Banking & Insurance Committee: Two amendments, one technical and the other amending the constitutionally-required statement of public necessity, are adopted; reported favorably with two amendments. Now in S. Judiciary.

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

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. S. Commerce and Consumer Services

  • S. Commerce & Consumer Services Committee: Reported favorably. Now in S. Banking & Insurance.

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

  • S. Commerce & Consumer Services: Reported favorably. Now in S. Children & Families.

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. Education Committee: Reported favorably. Now in S. Health Care.

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) ???

  • Senate: Withdrawn from consideration.

NEW BILLS FILED

HB 1135 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 SB 1982. Rep. Jennifer Carroll (R-Jacksonville) 🙁

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

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)

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)

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) 🙁

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)

HB 1509 Exemption/Florida Vaccine Research Institute: Creates a public record exemption for proprietary confidential business information held or received by the Florida Vaccine Research Institute. “Proprietary confidential business information” is defined to include (1) internal auditing controls and reports of internal auditors; (2) privileged attorney-client communications; bids or other contractual data, banking records and credit agreements; (3) private contractual data; (4) corporate officer and employee personnel information; (5) information relating to the proceedings and records of credentialing panels and committees; (6) minutes of closed meetings; (7) marketing plans; (8) trade secrets; and (9) the identity of donors who wish to remain anonymous and any information that would identity donors or prospective donors. Also creates an exemption for all meetings of the Institute board except for those meetings during which expenditure of state funds is discussed. Similar to SB 2034. Rep. David Coley (R-Marianna) 🙁 🙁 🙁

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) 🙁

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) 🙂

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

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) 🙁

SB 1828 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. Similar to HB 475. Sen. Frederica Wilson (D-Miami)

SB 1896 Shell/Public Records: Expresses legislative intent to revise public records laws. Sen. Evelyn Lynn (R-Ormond Beach) 🙁

SB 1898 Shell/Public Records: Expresses legislative intent to revise public records laws. Sen. Evelyn Lynn (R-Ormond Beach) 🙁

SB 1922 Exemption/Municipal Ethics Commissions: Similar to HB 1491. Sen. Jim Sebesta (R-St. Petersburg)

SB 1946 Exemption/Ethics Violations: Expands the public record exemption for complaints and records relating to such complaints or preliminary investigations by the Ethics Commission to also exempt the commissions’s determination regarding information and referrals received by the commission relating to ethics code violations. Also exempts commission proceedings related to such information and referrals. Sen. Bill Posey (R-Rockledge)

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) 🙁

SB 2034 Exemption/Florida Vaccine Research Institute: Similar to HB 1509. Sen. Nancy Argenziano (R-Crystal River) 🙁 🙁 🙁

SB 2056 Offender and Murderer Registration: Similar to HB 1387. Sen. Carey Baker (R-Eustis)

SB 2142 Exemption/Donors – Library & Information Services: Similar to HB 1307. Sen. Nancy Argenziano (R-Crystal River)

SB 2178 Exemption/Voter Registration Information: Similar to HB 1591. Sen. Bill Posey (R-Rockledge) 🙁

SB 2218 Adverse Medical Incidents Act: Implements Article X, s. 22, of the Florida Constitution, which was approved by 81% of the voters in the 2004 general election. In pertinent part, declares that adverse incident reports which doctors and hospitals are legally required to file with the Agency for Health Care Administration are not public records and are not discoverable or admissible into evidence in any judicial or administrative proceedings. Stipulates that a patient or the patient’s representative may obtain copies of adverse incident reports upon advancement payment of all costs for producing such records, including, but not limited to, “clerical and administrative costs of locating, assembling, reviewing for, and redacting any patient identifying and other private information, reviewing for and redacting any attorney client or attorney work product information, and producing such records for inspection and copying.” Also stipulates that any request for copies of adverse incident reports be made in writing and that the request must include information identifying the patient requesting the records, including the patient’s name, address, date of birth, and social security number. The written request must also describe the condition, treatment, or diagnosis of the patient, and must specify the name of the health care facility or health care provider. Finally, stipulates that only those adverse incident reports filed after November 2, 2004. Sen. Burt Saunders (R-Naples) 🙁 🙁 🙁 🙁 🙁

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. Sen. Jim King (R-Jacksonville)

SB 2248 Exemption/Private Donations: Creates a public record exemption for information received by the Department of Financial Services in connection with the receipt of private donations for government programs or activities the donor believes are inadequately funded. Stipulates that such information remains exempt from public disclosure until the Legislature enacts a budget for the next fiscal year. Sen. Bill Posey (R-Rockledge)

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)

SB 2536 Sinkhole Investigation Reports: Requires an engineer hired by a property owner to inspect the owner’s property for the presence of sinkholes who finds evidence of such sinkholes to file an investigation report stating the results of the inspection with the county clerk. Also requires the county clerk to record the engineer’s report with the certificate of title or deed for the property inspected. Sen. Mike Fasano (R-New Port Richey)

SB 2644 Exemption/Legislative Information Services: Creates a public record exemption for user identifications and passwords held by the Division of Legislative Information Services pursuant to electronic filing of lobbying activity reports. Also creates an public records exemption for draft reports and files stored in the electronic filing system until the report has been submitted as a filed report. Sen. Jim Sebesta (R-St. Petersburg)

Leave a Reply

Member Login

Forgot Password?

Join Us

%d bloggers like this: