2006 Legislative Report For Period Ending March 31

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W Withdrawn from further consideration

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)

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

HB 459 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 SB 474. Rep. Franklin Sands (R-Weston)

  • H. Future of Florida’s Families Committee: Reported favorably by a vote of 4/2 (Reps. Susan Bucher and Will Kendrick voting no). Now in H. Civil Justice.

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

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) 🙁

  • H. State Administration Council: An amendment allowing 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 is adopted; reported favorably by a vote of 8/1 (Rep. Mary Brandenburg voting no). Now on H. Calendar. 🙁

SB 696 OGSR/Security System Plans:

Reenacts without modification 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 without modification the meetings exemption in s. 286.0113, F.S., for portions of meetings which would reveal such plans. Similar to HB 7033. S. Domestic Security

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

SB 698 OGSR/Pharmaceutical Caches:

Reenacts without 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 HB 7023. S. Domestic Security

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

SB 700 OGSR/Hospital Emergency Management Plans:

Reenacts without modification the public record exemption is s. 395.1056, F.S., for those portions of a comprehensive emergency management plan which 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 HB 7025. S. Domestic Security

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

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 🙁

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

HB 1005 Exemption/High School Drug Tests:

Creates a public record exemption for the results of random drug tests of high school athletes. Similar to SB 2082. Rep. Marcelo Llorente (R-Miami)

  • H. Pre-K – 12 Committee: Reported favorably. Now in H. Civil Justice.

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

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

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)

  • H. Insurance Committee: Reported favorably. Now in H. Governmental Operations.

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. Economic Development Committee: Reported favorably by a vote of 6/4 (Reps. Dorothy Bendross-Mindingall, Joyce Cusack, Charlie Justice and Frank Peterman voting no). Now in H. Governmental Operations.

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. Governmental Operations Committee: Reported favorably. Now on H. 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

  • Senate: An amendment making minor changes to the definitions section is adopted. Passed the Senate unanimously. Now in H. Messages.

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. Governmental Operations Committee: Reported favorably. Now in Health and Families.

CS/SB 1438 Exempt Records:

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. Sen. Nancy Argenziano (R-Crystal River)

  • S. Justice Committee: Reported favorably. Now in S. Ways and Means.

W SB 1448 Exemption/E-Mail Addresses:

Creates a public record exemption for e-mail addresses of individuals held by an agency. Sen. Gwen Margolis (D-Bay Harbor Island) 🙁

  • Senate: Withdrawn from further consideration.

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

HB 1469 Exemption/Florida Opportunity Fund:

Creates a public record exemption for trade secrets 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) 🙁

  • H. Economic Development Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 1469 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. Now in H. Governmental Operations. 🙁

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) ???

  • H. Criminal Justice Committee: Reported favorably. Now in H. Governmental Operations.

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 1963. Rep. Mary Brandenburg (D-Palm Beach) WATCH

  • H. Criminal Justice Committee: Reported favorably. Now in H. Criminal Justice Appropriations.

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. Commerce and Consumer Services Committee: Reported favorably. Now in S. Judiciary.

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. Similar to HB 41. Sen. Mike Haridopolos (R-Melbourne) 🙁

  • S. Criminal Justice Committee: Amended to stipulate 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. Reported favorably with one amendment. Now in S. Judiciary.

SB 2116 Exemption/Traffic Citations:

Expands the public record exemption for the identity of victims contained in car crash reports to also exempt the identity of such persons in uniform traffic citations associated with such crashes and investigations. S. Banking and Insurance 🙁

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

SB 2306 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 HB 1279. Sen. Jeff Atwater (R-North Palm Beach)

  • S. Banking and Insurance Committee: Reported favorably. Now in S. Health Care.

W 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) 🙁

  • Senate: Withdrawn from further consideration.

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

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

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

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

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

  • H. Civil Justice Committee: Reported favorably. Now in H. State Administration.

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 🙁

  • H. State Administration Council: Reported favorably by a vote of 6/2 (Rep. Audrey Gibson and Tee Holloway voting no). Now in H. State Administration.

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

  • H. State Administration Council: A minor, conforming amendment is adopted; reported favorably as a committee substitute. Now on H. Calendar.

NEW BILLS FILED

HB 7209 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. Similar to SB 1212. H. Governmental Operations

HB 7223 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. Similar to SB 512. H. Governmental Oversight

PRIORITY

Support

  1. HB 1323 and SB 1346, Free Speech/False Light
    Rep. David Simmons (R-Altamonte Springs); Sen. Rod Smith (D-Gainesville)
  2. HB 1401, SB 1910, SB 2720 and SB 2722, Voting Systems
    Rep. Audrey Gibson (D-Jacksonville); Sen. Rod Smith (D-Gainesville); Sen. Ron Klein (D-Delray Beach); Rep. Gary Siplin (D-Orlando)

Oppose

  1. SB 592. SB 1052 and HB 7115, OGSR/Autopsy Photographs
    Sen. Bill Posey (R-Rockledge); S. Criminal Justice; H. Governmental Operations
  2. HB 675 and SB 1190, Sale or Lease of Public Hospitals
    Rep. Joe Pickens (R-Palatka); Sen. Jeff Atwater (R-North Palm Beach)
  3. HB 687 and SB 1162, Exemption/Concealed Weapons Permits
    Rep. Sandy Adams (R-Oviedo); Sen. Mike Haridopolos (R-Melbourne)
  4. HB 1563 and SB 2366, Court Records
    Rep. Will Kendrick (D-Carrabelle); Sen. Nancy Argenziano (R-Crystal River)
  5. SB 1898, Exemption/Crime Victim Photographs
    Sen. Jim King (R-Jacksonville); Sen. Rod Smith (D-Gainesville)

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