2006 Legislative Report For Period Ending April 21

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W Withdrawn from further consideration

p HB 193 Exemption/Court Monitors:

Creates a public record exemption for a court order appointing a court monitor and the reports of such monitors relating to the medical condition, financial affairs, or mental health of a ward. Also creates a public record exemption for a court order appointing a court monitor on an emergency basis, and the reports of such monitors. Stipulates that the exemptions expire if a court makes a finding of probable cause. Finally, creates a public record exemption for court determinations relating to a finding of no probable cause, and court orders finding no probable cause. Stipulates that all such records may be subject to inspection as determined by the court. Similar to SB 358. Rep. Ellyn Bogdanoff (R-Ft. Lauderdale)

  • Senate: Passed unanimously. PASSED THE LEGISLATURE.

SB 358 Exemption/Court Monitors:

Creates a public record exemption for a court order appointing a court monitor and the reports of such monitors relating to the medical condition, financial affairs, or mental health of a ward. Also creates a public record exemption for a court order appointing a court monitor on an emergency basis, and the reports of such monitors. Stipulates that the exemptions expire if a court makes a finding of probable cause. Finally, creates a public record exemption for court determinations relating to a finding of no probable cause, and court orders finding no probable cause. Stipulates that all such records may be subject to inspection as determined by the court. Similar to HB 193. Sen. Gwen Margolis (D – Bay Harbor Island)

  • Senate: Tabled. HB 193 substituted. See HB 193.

SB 474 Exemption/Donors – Statewide Public Guardianship Office:

Creates a public record exemption for the identity of donors or prospective donors to the Statewide Public Guardianship Office who wish to remain anonymous. Similar to HB 459. Sen. Burt Saunders (R-Naples)

  • S. Governmental Oversight Committee: A strike all amendment making minor technical changes is adopted; reported favorably as a committee substitute. Now in S. Rules.

SB 510 OGSR/Nursing Home Adverse Incident Reports:

Reenacts with minor modification the exemption in s. 400.119, F.S., for incident reports filed with a nursing home’s risk manager and administrator, notifications of the occurrence of an adverse incident, and adverse incident reports. Also exempts meetings of nursing home internal risk management and quality assurance committees and records of such meetings. Stipulates that records disclosed to a law enforcement agency remain exempt until criminal charges are filed. Similar to HB 7027. S. Health Care 🙁

  • S. Governmental Oversight Committee: A strike all amendment making minor grammatical changes is adopted; reported favorably as a committee substitute. Now in S. Rules.

SB 512 OGSR/Identifying Information – DOH:

Reenacts and slightly narrows the exemption in s. 119.0712, F.S., for all personal identifying information contained in records relating to an individual’s personal health or eligibility for health-related services held by DOH. S. Health Care

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

CS/HB 675 Sale or Lease of Public Hospital:

Amends s. 155.40, F.S., to stipulate that private companies purchasing or leasing a public hospital are not “acting on behalf of” the public hospital and thus are not subject to Florida’s public records law and sunshine law. Also creates a public record exemption for records of a private corporation that leases or purchases a public hospital. The meetings of such corporation are also exempt. Similar to SB 1190. Rep. Joe Pickens (R-Palatka) 🙁

  • H. Governmental Operations Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/CS/HB 675 amends s. 155.40, F.S., to stipulate that, unless otherwise expressly stated in the sale documents, the sale of a public hospital to a private purchaser shall not be construed as (1) a transfer of governmental function to the private purchaser; (2) constituting a financial interest of the public seller in the private purchaser; or (3) making a private purchaser an integral part of the public seller’s decision-making process. Stipulates that the purchaser of a public hospital operating after the sale of the hospital is not “acting on behalf of” the seller nor is the purchaser to be considered an “agency” under Florida’s open government laws unless the sale document expressly provides to the contrary. Now in H. Health and Families. 🙁
  • H. Health and Families Council: Reported favorably. Now on H. Calendar. 🙁

CS/HB 687 Exemption/Concealed Weapons Permits:

Creates a public record exemption for personal identifying information of individuals who have applied for or received concealed weapons permits. Allows access to the exempt information by law enforcement agencies and commercial entities provided that the information will be used to support law enforcement or national homeland security agencies. Also allows disclosure under certain, specified circumstances, including upon court order and a showing of good cause. Similar to SB 1162. Rep. Sandy Adams (R-Oviedo) 🙁

  • House: A technical amendment adopted on third reading. Passed the House as amended, 83/27. Now in S. Messages. 🙁

SB 736 OGSR/Temporary Cash Assistance:

Reenacts with minor technical modification the public record exemption in s. 414.295, F.S., for personal identifying information contained in records relating to temporary cash assistance which identifies a participant, or a participant’s family or household member. Also reenacts without modification the meetings exemption for meetings or portions of meetings of Workforce Florida or a regional workforce board or committee at which such information is discussed. S. Commerce

  • S. Governmental Oversight Committee: A strike all amendment making technical changes is adopted; reported favorably as a committee substitute. Now in S. Rules.

CS/SB 792 OGSR/Communications Tax:

Reenacts without modification the public record exemption in s. 213.053, F.S., for all information contained in returns, reports, accounts, or declarations received by the Department of Revenue relating to the communications services tax. S. Government Efficiency Appropriations 🙁

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

SB 1052 OGSR/Autopsy Photographs:

Reenacts without modification the exemption in s. 406.135, F.S., for autopsy photographs. Allows access upon court order and a showing of good cause. Similar to SB 592 and HB 7115. S. Criminal Justice 🙁

  • S. Governmental Oversight Committee: A strike all amendment making technical changes is adopted; reported favorably as a committee substitute. Now in S. Rules. 🙁

HB 1117 Exemption/S. Florida Regional Transportation Authority:

Creates a public record exemption for appraisal reports, offers, and counteroffers relating to land acquisition by the South Florida Regional Transportation Authority until an option contract is executed or, if no option contract is executed, until 30 days before a contract or agreement for purchase is considered for approval by the authority. Allows disclosure under certain, specified conditions. Similar to SB 2076. Rep. Ron Greenstein (D-Coconut Creek)

  • H. Governmental Operations Committee: A strike all amendment making technical changes to the bill is adopted; reported favorably as a committee substitute. Now in H. State Infrastructure.

SB 1190 Sale or Lease of Public Hospital:

As amended, SB 1190 stipulates that the sale of a public hospital to a private company will not be construed as (1) a transfer of a governmental function from government to the private purchaser; (2) constituting a financial interest of the public seller in the private purchaser; or (3) making a private purchaser an integral part of the public seller’s decision-making process, unless otherwise expressly stated in the sale documents. Further stipulates that the purchaser of a public hospital is not “acting on behalf of” the seller nor shall the purchaser be considered an “agency” for the purposes of Florida’s open government laws unless, again, the sale document expressly provides t the contrary. Similar to HB 675. Sen. Jeff Atwater (R-North Palm Beach) 🙁

  • S. Governmental Oversight Committee: Reported favorably. Now in S. Community Affairs. 🙁

CS/SB 1212 OGSR/Agricultural Records:

Reenacts without modification the public record exemption in s. 403.067, F.S., for individual agricultural records of processes, methods of production, and costs of production, profits, or other financial information which are reported to the Department of Agriculture and Consumer Services. S. Agriculture

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

w SB 1250 Use of Social Security Numbers:

Requires an agency to redact social security numbers in records prior to disposing of such records. Prohibits inclusion of social security numbers on insurance identification cards and student identification cards. Stipulates that an individual cannot be required to disclose his/her social security number in order to obtain goods or services or enter into a business transaction unless state or federal law authorizes such disclosure. Also prohibits public posting or display of an individual’s social security number; printing of such number on any card required to obtain access to products or services; printing social security numbers on any materials mailed to the individual unless required by state or federal law; printing a social security number on a postcard or other mailer not requiring an envelope; requiring transmission of such numbers over the Internet unless the connection is secure or the number is encrypted; and requiring use of a social security number to access an Internet website unless a password or unique personal identification number or other authentication device is also required. Allows continuing use of social security numbers under certain, specified conditions. Stipulates that such prohibitions and requirements do not apply to the state or to documents that are recorded or required to be open to the public under state or federal law and that the act does not prevent the collection, use, or release of a social security number as authorized by law or the use of such numbers for internal verification or administrative purposes. Sen. Gwen Margolis (D-Bay Harbor Island)

  • Senate: Withdrawn from further consideration.

HB 1285 Exemption/Innovation Incentive Program:

Expands the public record exemption under s. 288.1067, F.S., to create a public record exemption for the federal identification number, unemployment compensation account number, and Florida sales tax registration number; trade secrets; the percentage of sales occurring outside the state and the percentage of gross receipts derived from Department of Defense contracts; anticipated wages for the project jobs that the business plans to create; the average wage actually paid for jobs created by the project; proprietary information regarding capital investment in eligible buildings and equipment; and the amount of various, stipulated taxes paid related to the Innovation Incentive Program. Rep. Frank Attkisson (R-Kissimmee) 🙁

  • H. Governmental Operations Committee: A minor technical amendment is adopted; reported favorably as a committee substitute by a vote of 5/1 (Rep. Ken Gottlieb voting no). 🙁
  • H. Commerce Council: Reported favorably by a vote of 7/3 (Reps. Ken Gottlieb, Charlie Justice and Tim Ryan voting no). Now on H. Calendar. 🙁

CS/SB 1308 Exemption/State Board of Administration:

Creates a public record exemption for proprietary confidential business information concerning alternative investments of the State Board of Administration. Stipulates that the exemption applies only if the person submitting the information provides a verified written declaration that (1) identifies the proprietary confidential business information within the record submitted; (2) certifies that asserted trade secrets meet the statutory definition; (3) certifies that the identified information is intended to be and is treated as private and is not readily ascertainable or publicly available from any other source; and (4) certifies that the disclosure of the identified information would harm the business interests of the person submitting the information. Stipulates that the records are exempt until 10 years after the investment. Allows access by court order and a showing of good cause. Sen. Rudy Garcia (R-Hialeah)

  • Senate: Tabled. HB 7161 substitute. See HB 7161.

CS/HB 1329 Electronic Filings/Insurance:

Authorizes the Financial Services Commission to require by rule that statements or filings from viatical settlement providers, premium finance companies, and continuing care provider licensees be submitted electronically. Similar to SB 1506. Rep. Michael Grant (R-Port Charlotte) WATCH

  • H. Commerce Council: An amendment making minor changes is adopted; reported favorably as amended. Now on H. Calendar.

HB 1335 Public Meetings/Monroe County:

Authorizes the use of teleconferencing equipment by the Monroe County Board of County Commissioners for the purposes of establishing a quorum of board members for a special meeting. Stipulates that a special meeting of the board must comply with the requirements of the Sunshine Law. Rep. Ken Sorensen (R-Tavernier) 🙁

  • House: Passed the House unanimously. Now in S. Messages.

HB 1369 Exemption/Rejected Bids, Proposals or Negotiations:

Creates a public record exemption for rejected bids, proposals, or negotiations submitted in response to invitations to bid, invitations to negotiate, or requests for proposals if the agency concurrently provides notice of its intent to reopen such invitations or requests. Stipulates that the records remain exempt until notice of a decision or intended decision is provide or the agency withdraws the reopened invitation to bid, invitation to negotiate, or request for proposals. Similar to SB 2316. Rep. Greg Evers (R-Milton)

  • H. Governmental Operations Committee: A strike all amendment, as amended, is adopted; reported favorably as a committee substitute. As amended, CS/HB 1369 creates a public record exemption for rejected bids or proposals submitted in response to invitations to bid or requests for proposals if the agency concurrently provides notice of its intent to reopen such invitations or requests. Stipulates that the records remain exempt until notice of a decision or intended decision is provide or the agency withdraws the reopened invitation to bid or request for proposals. Also creates an exemption for competitive sealed replies in response to invitations to negotiate until such time as an agency provides notice of a decision or intended decision or until 20 days after the final competitive sealed replies are opened, whichever is earlier. Stipulates that if an agency rejects all competitive sealed replies and concurrently reissues the invitation to negotiate within 90 days of such notice to reissue, the rejected replies remain exempt until such time as the agency provides notice of a decision or intended decision concerning the reissued invitation to negotiate. In any event, a competitive sealed reply will not be exempt for more than 12 months after the initial agency notice rejecting all replies. Also creates an exemption for a meeting at which a negotiation with a vendor is conducted, stipulating that a complete recording of such meetings must be made. The recording becomes public once the agency provides notice of a decision or intended decision or until 20 days after the competitive sealed replies are opened, whichever is earlier. Now in H. State Administration.

HB 1451 Exemption/Florida Center for Brain Tumor Research:

Creates a public record exemption for an individual’s medical record and any information received from an individual from another state or the federal government which is otherwise exempt held by the Florida Center for Brain Tumor Research. Similar to SB 2564. Rep. Anne Gannon (R-Delray Beach)

  • H. Governmental Operations Committee: A minor title amendment is adopted; reported favorably as a committee substitute. Now in H. Health and Families.
  • H. Health and Families Council: Reported favorably. Now on H. Calendar.

CS/HB 1469 Exemption/Florida Opportunity Fund:

Creates a public record exemption for trade secrets held by the Florida Opportunity Fund. Also exempts tax identification numbers, analyses of gross receipts, the amount of taxes paid, the amount of capital investment, the amount of employee wages paid, and the detailed documentation to substantiate performance information included in portfolio data on specific companies within the portfolios of venture capital funds receiving investments from the Florida Opportunity Fund. Similar to SB 2656. Rep. Michael Grant (R-Port Charlotte) 🙁

  • H. Governmental Operations Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/CS/HB 1469 creates a public record exemption for proprietary confidential business information concerning alternative investments of the Florida Opportunity Fund. Stipulates that the exemption applies only if the person submitting the information provides a verified written declaration that (1) identifies the proprietary confidential business information within the record submitted; (2) certifies that asserted trade secrets meet the statutory definition; (3) certifies that the identified information is intended to be and is treated as private and is not readily ascertainable or publicly available from any other source; and (4) certifies that the disclosure of the identified information would harm the business interests of the person submitting the information. Allows access by court order and a showing of good cause.
  • H. Commerce Council: Reported favorably. Now on H. Calendar.

HB 1563 Exempt Information/Court Records:

Requires the person who files court records to redact any information the filer deems is exempt from public disclosure prior to filing the document, and to replace the redacted information with a unique number that is cross-referenced to a separate reference sheet of confidential information. Stipulates that the completed reference sheet must be sealed and that inspection of such sheet is strictly limited to the parties to the case, the attorney of record, and any government agency. Similar to SB 2366. Rep. Will Kendrick (D-Carrabelle) 🙁

  • H. Governmental Operations Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 1563 extends the deadline by which clerks of court must affirmatively redact social security numbers and bank account and credit card numbers from court records until January 1, 2008, stipulating that the clerk of court cannot be held liable for the inadvertent release of such information filed in a court record prior to the deadline. Stipulates that if the clerk accepts or stores official records in an electronic format, the clerk must use “best efforts” to redact such information, and that use of redaction software shall be deemed best effort. Also stipulates that the clerk cannot be held liable for the inadvertent release of such information filed in an official record prior to the deadline. Finally, requires automatic redaction of social security numbers and bank and credit card numbers from official records and court records after January 1, 2008. Now in H. State Administration Council.

HB 1577 Fraudulent Use/Personal ID Information:

Stipulates that any person who willfully and without authorization fraudulently uses personal identification information concerning an individual over the age of 65 without first obtaining the consent of the individual is guilty of a second degree felony. Similar to SB 1964. Rep. Mary Brandenburg (D-Palm Beach) WATCH

  • H. Justice Council: Reported favorably. Now on H. Calendar.

SB 1584 OGSR/Deferred Presentment Providers:

Reenacts with some modification the exemption is s. 560.4041, F.S., for information identifying a drawer or deferred presentment provider contained in the database for deferred presentment providers. Amended to stipulate that a provider may access information it has entered into the database and may obtain an eligibility determination for a particular person based on information in the database. Further amended to allow access by court order and a showing of good cause. S. Banking and Insurance

  • S. Governmental Oversight Committee: A strike all amendment making minor changes is adopted; reported favorably as a committee substitute. Now in S. Rules.

CS/SB 1586 OGSR/Surplus Lines Insurance:

Reenacts with minor modification the public record exemption in s. 626.921(8)(b), F.S., for information furnished to the Florida Surplus Lines Service Office under the Surplus Lines Law if disclosure of such information would reveal information specific to a particular policy or policyholder. S. Banking and Insurance 🙁

  • S. Governmental Oversight Committee: Reported favorably. Now in S. Rules. 🙁

SB 1844 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. Stipulates that an application for administrative expunction must include an affidavit executed by the chief law enforcement officer verifying that the record has been reviewed and the arrest was contrary to law or a mistake. Further stipulates that the affidavit must include the date and time of the arrest, the name of the arresting officer, the name of the person arrested, and the crime or crimes charged. Similar to HB 41. Sen. Mike Haridopolos (R-Melbourne)

  • S. Judiciary Committee: Amended to incorporate the traveling amendment without substantive change; reported favorably as a committee substitute. Now on S. Calendar.

SB 1976 Exemption/Shell Bill:

Expresses legislative intent to revise laws relating to public records. Sen. Rudy Garcia (R-Hialeah) 🙁

  • S. Banking and Insurance Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 1976 creates a public record exemption for the following records of the Worker’s Compensation Joint Underwriting Association: (1) underwriting files; (2) claims files until termination of all litigation and the settlement of all claims arising out of the same accident; (3) medical records that are a part of a claims file; (4) records obtained or generated by an auditor until the audit is complete; (5) attorney-client communications; (6) proprietary information; (7) information relating to the medical condition or status of an employee which is not relevant to the employee’s job performance; (8) records of an employee’s participation in a employee assistance program; (9) information relating to negotiations for financing, reinsurance, or contractual services until conclusion of the negotiations; (10) minutes of closed meetings; (11) reports regarding suspected fraud or other criminal activity until an investigation into such reports is closed or no longer active; and (12) information from the Department of Revenue regarding payroll information and client lists of employee leasing companies. Allows access under certain specified conditions. Also exempts portions of JUA meetings at which exempt records or information is discussed. Requires that such exempt meetings be recorded and transcribed, and that the record contain the times of commencement and termination of the meeting, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. Transcripts of closed meetings must be maintained for a minimum of 5 years. Now in S. Governmental Oversight. ???

SB 2066 OGSR/Byrd Alzheimer’s Center:

Reenacts with minor clarifying modifications the public record exemption in s. 1004.445, F.S., for personal identifying information of clients of programs created or funded through the Center; personal identifying information contained in patient medical or health records; materials relating to methods of manufacture, potential trade secrets, potentially patentable materials, trade secrets or proprietary information; the identity of donors or prospective donors who wish to remain anonymous; information received by the Center in the performance of its duties that is otherwise exempt by law; and any information received that is exempt under the laws of another state or federal law. Similar to HB 7063. S. Education

  • S. Governmental Oversight Committee: A strike all amendment making minor technical changes is adopted; reported favorably as a committee substitute. Now in S. Rules.

SB 2076 Exemption/S. Florida Regional Transportation Authority:

Creates a public record exemption for appraisal reports, offers, and counteroffers relating to land acquisition by the South Florida Regional Transportation Authority until an option contract is executed or, if no option contract is executed, until 30 days before a contract or agreement for purchase is considered for approval by the authority. Allows disclosure under certain, specified conditions. Similar to HB 1117. Sen. Steven Geller (D-Hallandale Beach)

  • S. Transportation Committee: Reported favorably. Now in S. Community Affairs.

SB 2082 Exemption/High School Drug Tests:

Creates a public record exemption for the results of random drug tests of high school athletes. Similar to HB 1005. Sen. Durell Peaden (R-Crestview)

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

CS/SB 2366 Exempt Information/Court Records:

Extends the deadline by which clerks of court must affirmatively redact social security numbers and bank account and credit card numbers from court records until January 1, 2009, stipulating that the clerk of court cannot be held liable for the inadvertent release of such information filed in a court record prior to the deadline. Deletes the requirement that clerks of court redact such information in official records, but stipulates that if the clerk accepts or stores official records in an electronic format, the clerk must use “best efforts” to redact such information. Similar to HB 1563. Sen. Nancy Argenziano (R-Crystal River) 🙁

  • S. Governmental Oversight Committee: A strike all amendment conforming the bill to its House companion, CS/HB 1563, is adopted; reported favorably as a committee substitute. As amended, CS/SB 2366 extends the deadline by which clerks of court must affirmatively redact social security numbers and bank account and credit card numbers from court records until January 1, 2008, stipulating that the clerk of court cannot be held liable for the inadvertent release of such information filed in a court record prior to the deadline. Stipulates that if the clerk accepts or stores official records in an electronic format, the clerk must use “best efforts” to redact such information, and that use of redaction software shall be deemed best effort. Also stipulates that the clerk cannot be held liable for the inadvertent release of such information filed in an official record prior to the deadline. Finally, requires automatic redaction of social security numbers and bank and credit card numbers from official records and court records after January 1, 2008. Now in S. Justice Appropriations.

CS/SB 2656 Exemption/Florida Opportunity Fund:

Creates a public record exemption for trade secret held by the Florida Opportunity Fund and the Florida Opportunity Fund Management Corporation. Also exempts tax identification numbers, social security numbers, analyses of gross receipts, the amount of taxes paid, the amount of capital investment, the amount of employee wages paid, and the detailed documentation to substantiate performance information included in portfolio data on specific companies within the portfolios of venture capital funds receiving investments from the Florida Opportunity Fund. Similar to HB 1469. Sen. Jeff Atwater (R-North Palm Beach) 🙁

  • S. Governmental Oversight Committee: A strike all amendment conforming the bill to its House companion, CS/CS/HB 1469, is adopted; reported favorably as a committee substitute. As amended, CS/CS/SB 2656 creates a public record exemption for proprietary confidential business information concerning alternative investments of the Florida Opportunity Fund. Stipulates that the exemption applies only if the person submitting the information provides a verified written declaration that (1) identifies the proprietary confidential business information within the record submitted; (2) certifies that asserted trade secrets meet the statutory definition; (3) certifies that the identified information is intended to be and is treated as private and is not readily ascertainable or publicly available from any other source; and (4) certifies that the disclosure of the identified information would harm the business interests of the person submitting the information. Allows access by court order and a showing of good cause. Now in S. Rules.

HB 7045 OGSR/Medicaid Pharmaceutical Rebates:

Reenacts and amends the exemption in s. 409.91196, F.S., for the rebate amount, percent of rebate, manufacturer’s pricing, and supplemental rebate held by the Agency for Health Care Administration pursuant to the Medicaid prescription drug program. Also exempts portions of meeting of the Medicaid Pharmaceutical and Therapeutics Committee at which such information is discussed. As amended, requires that a record be made of the closed portions of meetings, stipulating that such record must include the times of commencement and termination, all discussions and proceedings, and the names of all persons speaking. Similar to SB 516. H. Governmental Operations ???

  • House: Passed the House, 117/1 (Rep. Dudley Goodlette voting no). Now in S. Messages.

HB 7047 OGSR/Tobacco-Settlement Agreement:

Reenacts without modification the public record exemption in s. 569.215, F.S., for proprietary confidential business information received by the Governor, the Attorney General, or outside counsel representing the state in negotiations for settlement payments under the tobacco settlement agreement. Similar to SB 1530. H. Governmental Operations

  • House: Passed unanimously. Now in S. Messages.

HB 7049 OGSR/Surplus Lines Insurance:

Reenacts without modification the public record exemption in s. 626.921(8)(b), F.S., for information furnished to the Florida Surplus Lines Service Office under the Surplus Lines Law if disclosure of such information would reveal information specific to a particular policy or policyholder. Similar to SB 1586. H. Governmental Operations

  • House: Passed the House 117/3 (Reps. Mike Davis, Dudley Goodlette, and Randy Johnson voting no). Now in S. Messages.

HB 7053 Nursing Home Consumer Information:

Allows the Agency for Health Care Administration to provide electronic access to nursing home inspection reports as a substitute for sending copies of such reports. Also decreases the number of months from 45 to 30 for which reported information must be provided to consumers and requires AHCA to publish the Nursing Home Guide which must contain certain, specified information. Similar to SB 1284. H. Elder & Long-Term Care

  • H. Health and Families Council: An amendment stipulating that the Nursing Home Guide contain information about available alternatives to nursing homes and how to obtain additional information regarding such alternatives is adopted; reported favorably as a committee substitute. Now on H. Calendar.

HB 7061 OGSR/Deferred Presentment Providers:

Reenacts with some modification the exemption is s. 560.4041, F.S., for information identifying a drawer or deferred presentment provider contained in the database for deferred presentment providers. Amended to stipulate that a provider may access information it has entered into the database and may obtain an eligibility determination for a particular person based on information in the database. Further amended to allow access by court order and a showing of good cause. Similar to SB 1584. H. Governmental Operations

  • House: Passed unanimously. Now in S. Messages.

HB 7063 OGSR/Byrd Alzheimer’s Center:

Reenacts with minor clarifying modifications the public record exemptions in s. 1004.445, F.S., for personal identifying information of clients of programs created or funded through the Center; personal identifying information contained in patient medical or health records; materials relating to methods of manufacture, potential trade secrets, potentially patentable materials, trade secrets or proprietary information; the identity of donors or prospective donors who wish to remain anonymous; information received by the Center in the performance of its duties that is otherwise exempt by law; and any information received that is exempt under the laws of another state or federal law. Similar to SB 2066. H. Governmental Operations

  • House: Passed unanimously. Now in S. Messages.

HB 7113 OGSR/Interference with Custody:

Reenacts and amends the public record exemption in s. 787.03, F.S., for the name, address, and telephone number of a person who takes a minor child and reports such to the sheriff or state attorney under the exception to the offense of interference with custody. As amended, the current address and telephone number of the person who takes the child and the minor are exempt from disclosure until the sheriff or state attorney completes an investigation and determines that releasing the information would not jeopardize the safety of the person or minor. Allows access by other government agencies for the purpose of official business. Similar to SB 710. H. Governmental Operations

  • House: Passed unanimously. Now in S. Messages.

HB 7115 OGSR/Autopsy Photographs:

Reenacts with minor technical modification the public record exemption in s. 406.135, F.S., for autopsy photographs. Allows access upon court order and a showing of good cause. Similar to SB 592 and SB 1052. H. Governmental Operations 🙁

  • House: Passed the House 93/25. Now in S. Messages.

HB 7157 Anti-Phishing Act:

Prohibits the fraudulent use or possession of another’s identifying information for the purpose of soliciting a Florida resident to provide identifying information through the use of a web page or Internet domain name. Contains definitions. Provides penalties. H. Economic Development WATCH

  • H. Commerce Council: Reported favorably. Now in H. Commerce.

p CS/HB 7161 Exemption/State Board of Administration:

Creates a public record exemption for proprietary confidential business information concerning alternative investments of the State Board of Administration. Stipulates that the exemption applies only if the person submitting the information provides a verified written declaration that (1) identifies the proprietary confidential business information within the record submitted; (2) certifies that asserted trade secrets meet the statutory definition; (3) certifies that the identified information is intended to be and is treated as private and is not readily ascertainable or publicly available from any other source; and (4) certifies that the disclosure of the identified information would harm the business interests of the person submitting the information. Allows access by court order and a showing of good cause. Similar to SB 1308. H. Governmental Operations

  • House: Passed the House unanimously.
  • Senate: Substituted for SB 1308. Passed the Senate unanimously. PASSED THE LEGISLATURE.

HB 7233 OGSR/Communications Tax:

Reenacts without modification the public record exemption in s. 213.053, F.S., for all information contained in returns, reports, accounts, or declarations received by the Department of Revenue relating to the communications services tax. Similar to CS/SB 792. H. Governmental Operations

  • H. State Administration Council: Reported favorably. Now on H. Calendar.

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