2005 Legislative Report for Period Ending March 18

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W Withdrawn from further consideration

For Period Ending: March 18

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) 🙁

  • H. Criminal Justice Committee: A strike all amendment, making substantive changes, is adopted. Reported favorably as a committee substitute. 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. Now in H. Business Regulation.

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. Judiciary Committee: 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)

  • H. Governmental Operations Committee: A strike all amendment, slightly expanding the public record exemption to include medical records that are a part of a claims file, is adopted. Reported favorably as a committee substitute. Now in H. Insurance.

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) 🙁

  • H. Civil Justice Committee: An amendment narrow the exemption is adopted; reported favorably as a committee substitute. As amended, CS/HB 947 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. Now in H. Governmental Operations.

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. Health Care Committee: Reported favorably. Now in S. Governmental Oversight.

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)

  • H. Colleges & Universities Committee: An amendment narrowing the exemption is adopted. As amended, all investigatory records held by the Commission in conjunction with investigations, including minutes and findings of exempt probable cause panel meetings convened in conjunctions with such investigations, is adopted. Stipulates that such information will be exempt for no more than 10 days after the panel declares a finding of probable cause. Reported favorably as a committee substitute. Now in H. Governmental Operations. ???

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)

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

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

HB 1731 Chapter 119 Reorganization: Phase 2 of a multi-phase project, HB 1731 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 SB 1144. H. Governmental Operations Committee

Leave a Reply

Member Login

Forgot Password?

Join Us

%d bloggers like this: