2006 Legislative Report For Period Ending March 10

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

HB 719 Sealing of Criminal History Records:

Allows for the sealing a criminal history record of certain offenses if a charging document is not filed, if the case is dismissed, if nolle prosequi is entered in the case, or if the defendant is acquitted or found not guilty. Stipulates that a certificate of eligibility for sealing is available only if the person seeking the certificate has never had a criminal history record sealed or expunged. Similar to SB 1276. Rep. J.C. Planas (R-Miami) ???

  • H. Criminal Justice Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 719 amends s. 943.059, F.S., to stipulate that a criminal record relating to certain specified violations cannot be sealed if the defendant was found guilty or pled guilty or nolo contendere, regardless of whether adjudication was withheld. Provides an exception. Now in H. Governmental Operations.

SB 1038 OGSR/Software Copyright:

Reenacts with minor modifications s. 119.084, F.S., authorizing copyright of agency-produced software. Similar to HB 7013. S. Governmental Oversight 🙁

  • S. Governmental Oversight Committee: One minor amendment is adopted; reported favorably as a committee substitute. Now in S. Rules.

SB 1162 Exemption/Concealed Weapons Permits:

Creates a public record exemption for all personal identifying information, names, addresses, birth dates, social security numbers, phone numbers and license numbers of individuals who have applied for or received a concealed weapons permits. Allows disclosure under certain, specified circumstances, including upon court order and a showing of good cause. Similar to HB 687. Sen. Mike Haridopolos (R-Melbourne) 🙁

  • S. Commerce Committee: A strike all amendment making technical drafting changes is adopted; reported favorably as a committee substitute. As amended, CS/SB 1162 creates a public record exemption for personal identifying information of an individual who has applied for or received a concealed weapons permit; allows disclosure under certain, specified circumstances. Now in S. Criminal Justice.

SB 1284 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 Watch List which must contain certain, specified information. Sen. Mike Fasano (R-New Port Richey) WATCH

  • S. Health Care Committee: Reported favorably. Now on S. Calendar.

SB 1408 Confidentiality/Medical Records:

Amends s. 456.057, F.S., relating to the ownership and control of patient records, to stipulate that the employer of a health care practitioner who is a records owner and all records custodians must maintain the confidentiality of medical records. Also stipulates that electronically generated prescriptions must contain certain, specified information. Contains definitions. S. Health Care WATCH

  • S. Health Care Committee: Reported favorably. Now on S. 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 & Insurance

  • S. Banking & Insurance Committee: Reported favorably. Now in S. Governmental Oversight.

SB 1586 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. S. Banking & Insurance 🙁

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

SB 1680 Public Documents:

Requires all state government officials and agencies to furnish a list of documents issued during the year to the Division of Library and Information Services, Department of State. Also requires government agencies to purge publication mailing lists every other year and to disclose whether agency publications are available on-line and allow recipients to determine whether they’d prefer receiving a hard copy of the publication or a copy in an electronic format. S. Government Efficiency Appropriations WATCH

  • S. Government Efficiency Appropriations Committee: Reported favorably. Now in S. Governmental Oversight.

HB 7015 OGSR/Archaeological Sites:

Reenacts with minor modification the public record exemption in s. 267.135, F.S., for any information identifying the location of an archaeological site held by the Division of Historical Resources of the Department of State. Similar to SB 1036. H. Governmental Operations

  • H. Tourism Committee: Reported favorably. Now in H. State Administration Council.

HB 7027 OGSR/Nursing Home Adverse Incident Reports:

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 510. H. Governmental Operations 🙁

  • H. Elder & Long-Term Care Committee: Reported favorably. Now in H. State Administration Council.

NEW BILLS FILED

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. Similar to SB 1190. Rep. Joe Pickens (R-Palatka) 🙁

  • H. Criminal Justice Committee: A strike all amendment, making significant changes, is adopted. Reported favorably as a committee substitute. As amended, CS/HB 675 creates a public record exemption for records of a private corporation that leases or purchases a public hospital. Also creates an exemption for the meetings of such corporations. Now in H. Local Government Council.

SB 1190 Sale or Lease of Public Hospital:

Similar to HB 675. Sen. Jeff Atwater (R-North Palm Beach)

HB 1279 Exemption/HMO – Risk-Based Capital Reports:

Creates a public record exemption for HMO risk-based capital reports, plans, and revised plans and the working papers and examination or analysis reports performed pursuant to a plan, corrective order, or regulatory action level event held by the Office of Insurance Regulation. Also exempts hearings related to the Office’s actions regarding such reports and plans. Stipulates that such hearings must be recorded by a court reporter. Further stipulates that such exemptions expire one year after the conclusion of any risk-based capital plan or revised plan or on the date of entry of an order of seizure, rehabilitation, or liquidation. Similar to SB 2306. Rep. Adam Hasner (R-Delray Beach)

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) ???

HB 1323 False Light/Defamation Actions:

Stipulates that a person may not be held liable for publishing information concerning an individual which places that individual in a false light unless (1) the published information is false; (2) the false information places the individual in a false light highly offensive to a reasonable person; (3) the person publishing the information knew the information was false or acted with reckless disregard as to its falsity; and (4) the person publishing the information acted knowingly or in reckless disregard as to the false light in which the individual would be placed. Stipulates that a publication which is privileged or otherwise protected from liability under the common law of defamation, the First Amendment or s. 4, Art. I, Fla. Con., is not subject to liability. Stipulates that any action must be brought within two years after publication. Applies retroactively. Similar to SB 1346. Rep. David Simmons (R-Altamonte Springs) 🙂

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. Rep. Michael Grant (R-Port Charlotte) WATCH

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) ???

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)

HB 1401 Voting Systems:

Stipulates that before an electronic or electro-mechanical voting system can be approved for use by the Department of State, the system must be able to (1) produce a voter-verifiable paper record this suitable for a manual audit, (2) produce a permanent paper record that can be inspected and verified by the voter at the time the vote is cast, and (3) provide the voter with the opportunity to correct a system error before the permanent record is preserved for use in a manual audit. Also stipulates that the system contains or uses only software or source code that has been disclosed to the department and that must be availabe for public inspection, that the system does not contain any wireless communication device, and that it contains or uses only software and hardware certified by laboratories accredited by the Department of State. Similar to SB 1910, SB 2720, and SB 2732. Rep. Audrey Gibson (D-Jacksonville) 🙂

HB 1409 Exemption/Health Information Network:

Creates a public record exemption for patient medical or health records, trade secrets, and any information received from a person from another state or the federal government which is otherwise exempt held by the Florida Health Information Network. Rep. Holly Benson(R-Pensacola)

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)

HB 1469 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 SB 2668. Rep. Michael Grant (R-Port Charlotte)

HB 1507 Exemption/Domestic Violence – State Employees:

Creates a public record exemption for personal identifying information contained in records documenting an act of domestic violence that is submitted to an agency by an agency employee. Also exempts written requests for leave submitted by an agency employee and agency time sheets reflecting such requests until one year after the leave has been taken. Similar to SB 1800. Rep. David Mealor (R-Lake Mary)

HB 1539 Lobbying/Reporting Requirements:

In pertinent part, amends s. 11.045, F.S., relating to the regulation of legislative lobbyists, by repealing requirements that lobbying firms file a compensation report every quarter. Such reports contain the name and address of the lobbying firm, the name of all lobbyists associated with the firm, and the total compensation paid by the firm’s clients. Rep. Franklin Sands (D-Weston) 🙁

HB 1549 Juvenile Records:

In pertinent part, prohibits the release by the Florida Department of Law Enforcement of criminal history information relating to a minor without the corresponding disposition information. Similar to SB 1406. Rep. Joyce Cusack (R-DeLand)

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. Rep. Will Kendrick (D-Carrabelle) 🙁

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. Rep. Mary Brandenburg (D-Palm Beach) WATCH

SB 2292 Exemption/Fingerprint ID Information:

Creates a public record exemption for fingerprint identification information held by an agency. Defines “fingerprint identification information” as any record of “friction ridge detail, including but not limited to, fingerprints, palm prints, and footprints, in whatever form or medium recorded.” Similar to HB 1001. Sen. Mike Fasano (R-New Port Richey)

SB 2306 Exemption/HMO – Risk-Based Capital Reports:

Similar to HB 1279. Sen. Jeff Atwater (R-North Palm Beach)

SB 2316 Exemption/Rejected Bids, Proposals or Negotiations:

Similar to HB 1369. Sen. Jim Sebesta (R-St. Petersburg)

SB 2366 Exempt Information/Court Records:

Similar to HB 1563. Sen. Nancy Argenziano (R-Crystal River) 🙁

SB 2402 Exemption/Shell Bill:

Expresses legislative intent to create a public record exemption. Sen. Daniel Webster (R-Winter Garden) 🙁

SB 2462 Exemption/Legislative Sunset Advisory Committee:

Creates a public record exemption for a working paper, including all documentary or other information, prepared or maintained by the committee. Stipulates that any exempt record or information received by the committee retains its exempt status. Similar to HB 1125. Sen. Bill Posey (R-Rockledge) 🙁

SB 2564 Exemption/Florida Center for Brain Tumor Research:

Similar to HB 1451. Sen. Jeff Atwater (R-North Palm Beach)

SB 2584 Exemption/Criminal Background Check:

Creates a public record exemption for criminal background check information concerning applicants, employees, and appointees obtained by a county or city government or governing body. Sen. Mike Bennett (R-Bradenton) 🙁

SB 2634 Exemption/Donor Information:

Creates a public record exemption for documents identifying the name, identity, home or employment telephone number, home or employment address or personal assets of any potential or actual donor, or that identifies any donation of gifts or funds, to a publicly owned house museum. Also creates an exemption for meetings or portions of meetings during which such information is discussed. Sen. Gwen Margolis (D-Bay Harbor Island) 🙁

SB 2656 Exemption/Florida Opportunity Fund:

Similar to HB 1469. Sen. Jeff Atwater (R-North Palm Beach) 🙁

SB 2714 Public Records/Inspection & Copying:

Stipulates that the person who has custody of a public record or an agency head may designate another officer or employee of the agency to allow inspection or copying of public records but must publicly disclose the identity of the designee who has been assigned to respond to public record requests. Also stipulates that custodians of public records and their designees must respond to public record requests “promptly and in good faith”, and that a “good faith response” includes determining whether the record requested exists and, if so, where it can be accessed. Similar to HB 1097. Sen. Ron Klein (D-Delray Beach) ???

SB 2730 Voting Systems:

Similar to HB 1401, SB 1910, and SB 2732. Sen. Ron Klein (D-Delray Beach) 🙂

SB 2732 Voting Systems:

Similar to HB 1401, SB 1910, and SB 2730. Sen. Gary Siplin (D-Orlando) 🙂

SB 2742 Defamation/Publishing & Broadcasting:

Amends s. 836.01., F.S., to make it a third degree felony to publish or broadcast a libel. Sen. Gary Siplin (D-Orlando) WATCH

SB 2746 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. Sen. Jeff Atwater (R-North Palm Beach)

HB 7043 OGSR/Identifying Information – Elderly Affairs:

Reenacts with minor modification the exemption in s. 430.105, F.S., for personal identifying information in records relating to an individual’s health or eligibility for or receipt of health-related, elder care, or long-term care services held by the Department of Elderly Affairs. Similar to CS/SB 514. H. Governmental Operations

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

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

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

HB 7043 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 Watch List which must contain certain, specified information. Similar to SB 1284. H. Elder & Long-Term Care WATCH

HB 7059 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 with technical 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. Similar to SB 736. H. Governmental Operations

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

HB 7063 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 SB 2066. H. Governmental Operations

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