2006 Legislative Report For Period Ending March 24

HB 605 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 SB 1320. Rep. J.C. Planas (R-Miami)

  • H. Governmental Operations Committee: An amendment making minor changes is adopted; reported favorably as a committee substitute. As amended, creates a public record exemption for the home addresses, telephone numbers, and photographs of certain active or former DJJ employees, the home addresses, telephone numbers, 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. Now in H. Juvenile Justice.

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) πŸ™

  • H. Local Government Council: Reported favorably. Now in H. Governmental Operations.

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 disclosure under certain, specified circumstances, including upon court order and a showing of good cause. Similar to SB 1162. Rep. Sandy Adams (R-Oviedo) πŸ™

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

SB 710 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 HB 7113. S. Judiciary

  • S. Governmental Oversight Committee: A proposed committee bill deleting the provision that the record becomes available upon completion of an investigation by the sheriff or the state attorney is adopted; reported favorably as a committee substitute. As amended, CS/SB 710 exempts the current 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. Now in S. Rules.

CS/HB 1001 Exemption/Fingerprint ID Information:

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. Similar to SB 2292. Rep. Sandy Adams (R-Oviedo)

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

HB 1125 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 SB 2462. Rep. Ray Sansom (R-Fort Walton Beach) πŸ™

  • H. Governmental Operations Committee: A strike all amendment making significant changes is adopted; reported favorably (5/2 – Rep. Loranne Ausley and Ken Gottlieb voting no) as a committee substitute. As amended, CS/HB 1125 creates a public record exemption for agency reports submitted pursuant to law and all records, including working papers and drafts, prepared or maintained by the Legislative Sunset Advisory Committee. Stipulates that the exemption expires six months after the report is presented, or if the report or records are given to any person other than a member of the committee, or to employees or members of the Legislature. Also exempts records that are otherwise confidential or exempt which are received by the committee in performance of its duties. Now in H. State Administration.

SB 1190 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 HB 675. Sen. Jeff Atwater (R-North Palm Beach)

  • S. Health Care Committee: A strike all amendment is adopted; reported favorably as amended. 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. Now in S. Governmental Oversight. πŸ™

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. Similar to HB 7053. Sen. Mike Fasano (R-New Port Richey) WATCH

  • Senate: Various amendments adopted on third reading; passed the Senate unanimously. As amended, 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 annually which must contain certain, specified information. Now in H. Messages.

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) ???

  • H. Local Government Council: Reported favorably. Now in H. Governmental Operations.

HB 1411 Exemption/Health Care Information Network:

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

  • H. Health Care Regulation Committee: Reported favorably. Now in H. Governmental Operations.

SB 1438 Exemption/Shell Bill:

Expresses legislative intent to create an exemption to the public records law and sunshine law. Sen. Nancy Argenziano (R-Crystal River) πŸ™

  • S. Governmental Oversight Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 1438 clarifies current law, stipulating that a custodian of public records cannot release a record that is confidential and exempt except as provided in statute or pursuant to a court order. Requires agencies receiving confidential and exempt records to retain the confidential and exempt status of such records except as otherwise provided by law. Allows a record custodian to require agencies receiving confidential and exempt records to acknowledge in writing certain stipulated facts. Finally, stipulates that the provision does not limit access to any record by an agency or entity acting on behalf of the record custodian, the Legislature, or pursuant to a court order. Now in S. Judiciary.

CS/SB 1506 Electronic Filings/Insurance:

In pertinent part, 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 HB 1329. Sen. J.D. Alexander (R-Lake Wales) WATCH

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

SB 1680 Public Documents:

In pertinent part, 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. Governmental Oversight Committee: A minor amendment is adopted; reported favorably as a committee substitute. Now on S. Calendar.

HB 7017 OGSR/Economic Development Agencies:

Reenacts with minor modification the public record exemption in s. 288.075, F.S., for records held by an economic development agency concerning plans, intentions, or interests of a private corporation or person to locate, relocate, or expand its business activities in Florida if the corporation or person requests confidentiality in writing. Exempts trade secrets provided by the corporation or person for a period of 10 years. Stipulates that such records become public 24 months after the request for confidentiality is received or until the information is otherwise disclosed, whichever occurs first. Also stipulates that the period of confidentiality can be extended for an additional 12 months upon written request. Similar to SB 734. H. Governmental Oversight πŸ™

  • H. State Administration Council: A strike all amendment making minor technical changes is adopted; reported favorably as a committee substitute. Now on H. Calendar. πŸ™

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

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. State Administration Council: Reported favorably. 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. State Administration Council: 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 πŸ™

  • H. State Administration Council: Reported favorably (7/1 – Rep. Mary Brandenburg voting no). Now on H. Calendar. πŸ™

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

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

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

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

  • H. Insurance Committee

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

  • H. State Administration Council: Reported favorably. 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

  • H. Economic Development Committee

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

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

NEW BILLS FILED

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

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

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

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

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