2006 Legislative Report For Period Ending March 17

CS/HB 41 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. In addition, the affidavit must include the date and time of the arrest, the name of the arresting officer and the person arrested, and the crime charged. Similar to SB 1844. Rep. Charles Dean (R-Inverness)

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

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)

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

HB 1001 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 SB 2292. Rep. Sandy Adams (R-Oviedo)

  • H. Governmental Operations Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 1001 creates a public record exemption for biometric identification information held by an agency. “Biometric identification information” is defined as any record of friction ridge detail, fingerprints, palm prints, and footprints. Applies retroactively. Now in H. State Administration.

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)

  • S. Governmental Oversight Committee: Three minor amendments, slightly narrowing the exemption are adopted; reported favorably as a committee substitute. Now in S. Rules.

SB 1320 Exemption/Home Addresses – DJJ Employees:

Creates a public record exemption for the home addresses, telephone numbers, social security numbers, and photographs of certain active or former DJJ employees, 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 their children. Stipulates that the exemption applies only if the employee provides a written statement that the employee has made reasonable efforts to protect such information from being accessible through other sources available to the public. Similar to HB 605. Sen. Victor Crist (R-Tampa)

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

SB 1530 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 HB 7047. S. Regulated Industries

  • S. Regulated Industries Committee: Reported favorably. Now in S. Governmental Oversight.

SB 1800 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 HB 1507. Sen. Dave Aronberg (D-Greenacres) ???

  • S. Children and Families Committee: Reported favorably. Now in S. Commerce.

HB 7007 OGSR/Child Support Services:

Reenacts without modification the public record exemption in s. 61.1827, F.S., for any information that would reveal the identity of applicants for or recipients of child support services, including the name, address, and telephone number of such persons, in the possession of a non-Title IV-D county child support enforcement agency. Similar to SB 1078. H. Governmental Operations

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

HB 7009 OGSR/Home Addresses – Human Resource Directors:

Reenacts and amends the public record exemption in s. 119.071(4)(d)2., F.S., for the home addresses telephone numbers, social security numbers, and photographs of certain active or former human resource personnel, 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 their children. As amended, deletes the exemption for social security numbers. Similar to SB 662. H. Governmental Operations šŸ™

  • H. State Administration Council: Reported favorably by a vote of 7/1 (Rep. Mary Brandenburg voting no). Now on H. Calendar.

HB 7011 OGSR/Home Addresses – Code Enforcement Officers:

Reenacts and amends the public record exemption in s. 119.071(4)(d)5., F.S., for the home addresses telephone numbers, social security numbers, and photographs of active or former code enforcement officers, 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 their children. As amended, deletes the exemption for social security numbers and photographs. Similar to SB 664. H. Governmental Operations šŸ™

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

HB 7013 OGSR/Software Copyright:

Reenacts with minor modifications s. 119.084, F.S., authorizing copyright of agency-produced software. Similar to SB 1038. H. Governmental Operations šŸ™

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

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

HB 7023 OGSR/Pharmaceutical Caches:

Reenacts with minor modification the public record exemption in s. 381.95, F.S., for information identifying or describing the name, location, pharmaceutical cache, contents, capacity, equipment, physical features, or capabilities of individual medical facilities, storage facilities, or laboratories established, maintained, or regulated by the Department of Health as part of the state’s plan to defend against an act of terrorism. Stipulates that the Governor’s certification of the sufficiency of any location, pharmaceutical cache, contents, capabilities, etc., is a public record. Similar to SB 698. H. Governmental Oversight

  • H. Domestic Security Committee: Reported favorably. Now in H. State Administration.

HB 7025 OGSR/Hospital Emergency Management Plans:

Reenacts with minor modification the public record exemption is s. 395.1056, F.S., for those portions of a comprehensive emergency management plan with address the response of a public or private hospital to an act of terrorism. Also reenacts the meetings exemption for portions of meetings during which such plans are discussed. Similar to SB 700. H. Governmental Oversight

  • H. Domestic Security Committee: Reported favorably. Now in H. State Administration.

HB 7027 OGSR/Nursing Home Adverse Incident Reports:

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. Similar to SB 510. H. Governmental Operations šŸ™

  • H. State Administration Council: Reported favorably by a vote of 7/1 (Rep. Audrey Gibson voting no). Now on H. Calendar.

HB 7033 OGSR/Security System Plans:

Reenacts with minor, technical modifications the public record exemption in s. 119.071(3), F.S., for security system plans for property owned by or leased to the state or any privately owned or leased property held by a government agency. Also reenacts with minor technical modifications the meetings exemption in s. 286.0113, F.S., for portions of meetings which would reveal such plans. Similar to SB 696. H. Governmental Operations

  • H. Domestic Security Committee: Reported favorably. Now on H. Calendar.

HB 7035 OGSR/Motor Vehicle Crashes:

Reenacts without modification the public record exemption in s. 316.066(3)(c), F.S., for reports which reveal the identity, home or employment telephone number or home or employment address of persons involved in a car crash for a period of 60 days following the crash. Allows access by the media, insurance companies, and attorneys of those involved in the crash under certain, specified conditions. Similar to SB 712. H. Governmental Oversight šŸ™

  • H. Transportation Committee: Reported favorably. Now in H. State Administration.

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

  • H. Elder and Long Term Care Committee: Reported favorably. Now in H. State Administration.

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 šŸ™

  • H. Health Care Regulation Committee: Reported favorably. Now in H. State Administration.

NEW BILLS FILED

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

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 šŸ™

HB 7091 Electronic Recording/Property Records:

Creates the “Uniform Real Property Electronic Recording Act,” allowing a county recorder to receive, index, store, archive, and transmit electronic documents. Also allows the county record to provide access to, search, and retrieve documents by electronic means. Also creates the Electronic Recording Advisory Council within the Department of State. H. Civil Justice WATCH

HB 7125 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. Similar to SB 1408. H. Health Care Regulation WATCH

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