2005 Legislative Report for Period Ending March 25

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W Withdrawn from further consideration

For Period Ending: March 25

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) 🙁

  • H. Governmental Operations Committee: An amendment narrowing the exemption is adopted. As amended, HB 449 exempts 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. Reported favorably as a committee substitute. Now in H. Economic Development.

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held by the Office of Financial Regulation of the Financial Services Commission until the investigation is complete or no longer active.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)

  • H. Governmental Operations Committee: Reported favorably. Now in H. Economic Development.

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. Transportation Committee: Amended to include a definition of “victim services program”. Reported favorably as a committee substitute. Now in H. Criminal Justice.

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held by the Office of Financial Regulation of the Financial Services Commission until the investigation is complete or no longer active.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. Judiciary Committee: A minor technical amendment is adopted. Reported favorably as a committee substitute. 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. Banking & Insurance Committee: Reported favorably. Now in S. Governmental Oversight.

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

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. Similar to HB 1731. Sen. Nancy Argenziano (R-Crystal River)

  • S. Governmental Oversight & Productivity Committee: A strike all amendment, making minor technical changes, is adopted. Reported favorably as a committee substitute. Now in S. Judiciary.

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. Similar to HB 1801. S. Domestic Security

  • S. Domestic Security Committee: A strike all amendment narrowing the exemption to allow closure of meetings only when active criminal investigative or intelligence information is discussed is adopted. Reported favorably as a committee substitute. Now in S. Criminal Justice.

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. Commerce & Consumer Services Committee: Reported favorably. Now in S. Education.

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)

  • S. Ethics & Elections Committee: A strike all amendment, expanding the public record exemption to also exempt such information when in the hands of the Ethics Commission and to exempt proceedings and other records relating to audits and investigations by the Commission, is adopted. Reported favorably with one amendment. Now in S. Governmental Oversight.

NEW BILLS FILED

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) 🙁

HB 1571 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. Rep. Susan Goldstein (R-Sunrise) 🙁

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

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 ????

HB 1801 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 SB 1416. H. Domestic Security

SB 2344 Exemption/Funeral, Cemetery & Consumer Services Board: Similar to HB 1469. Sen. Mike Haridopolos (R-St. Augustine) 🙁

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