2008 Legislative Report For Period Ending April 25

CS/HB 637 Electronic Health Records:

In pertinent part, amends s. 395.3025, F.S., to facilitate electronic exchange of data between health care facilities, practitioners, and providers and attending physicians. Similar to SB 1998. Rep. Denise Grimsley (R-Sebring) WATCH

  • House: Passed unanimously; now in S. Messages.

CS/SB 766 Exemption/Addresses and Phone Numbers – Judicial Officials:

Amends s. 119.071(4), F.S., creating a public record exemption for the home addresses and telephone numbers of general magistrates, child support enforcement hearing officers, judges of compensation claims, and administrative law judges of the Division of Administrative hearings the home addresses, telephone numbers, the places of employment for their spouses and children, and the name and location of school and day care facilities of their children if the magistrate, officer, or judge provides a written statement that he or she has made reasonable efforts to protect such information from being accessible through other means available to the public. Similar to HB 639. Sen. Nan Rich (D-Sunrise)

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

SB 822 Ad Valorem Tax Data:

Amends s.195.052, F.S., requiring the Department of Revenue (1) to conduct research and maintain accurate tabulations of ad valorem tax data; (2) to stipulate what data must be collected; and (3) to require that the data be published on the department’s website. Similar to HB 1061. Sen. Jeff Atwater (R-North Palm Beach) πŸ™‚

  • S. Community Affairs Committee: A strike all amendment making minor changes is adopted; reported favorably with one amendment. Now in S. Finance and Taxation Committee.

CS/HB 863 Exemption/Donors – Department of Veterans’ Affairs:

Creates a public record exemption for information identifying a donor or prospective donor to the direct-support organization of the Department of Veterans’ Affairs if the donor or prospective donor requests anonymity. Also creates an exemption for portions of meetings of the direct-support organization during which the identity of donors or potential donors is discussed. Similar to SB 1464. Rep. Ron Reagan (R-Sarasota)

  • Senate: Passed the Senate unanimously. PASSED THE LEGISLATURE.

CS/HB 991 Voice of the People Act:

Creates the “Vox Populi – Voice of the People Act,” requiring local governments to (1) treat citizens with respect and dignity; (2) provide citizens with an opportunity to speak on both agenda and non-agenda items at all public meetings, including workshops; (3) allow citizens to place an item on the agenda by requesting such in writing; (4) allow citizens to remove an item from the consent agenda; and (5) provide citizens with an opportunity to speak during a public hearing. Finally, (6) requires all local governments to adopt written public participation policies, stipulating that if such written policies are adopted at a public workshop, local governments can opt-out of public participation requirements (1) – (5). Similar to SB 2276. Rep. Dorothy Hukill (R-Port Orange) πŸ™‚

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

SB 1042 OGSR/Putative Father Registry:

Reenacts and amends s. 63.0541, F.S., providing a public record exemption for information in the Florida Putative Father Registry to allow disclosure of the exempt information to the birth mother upon receipt of a notarized request for a copy of any registry entry in which she is identified as the birth mother. Similar to HB 7029. S. Children, Families, and Elder Affairs Committee

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

SB 1044 Child Abuse Reporting:

In pertinent part, amends s. 39.205, F.S., requiring the Department of Children and Family Services to provide an annual report to the Legislature which includes the number of: (1) suspected false reports of child abuse, abandonment, or neglect; (2) false reports that are referred to a law enforcement agency for investigation; (3) false reports that are reviewed by the department for potential administrative fines; (4) investigations conducted by the department or its authorized agent as a result of a report of child abuse, abandonment, or neglect; (5) reports that are closed with no findings of alleged maltreatment; (6) administrative fines that are levied and collected pursuant to s. 39.206(1); and (7) false reports of child abuse, abandonment, or neglect which result in prosecution. S. Children, Families, and Elder Affairs Committee WATCH

  • S. Criminal Justice Committee: Reported favorably. Now on S. Calendar.

SB 1046 OGSR/Foster Parents:

Reenacts and amends s. 409.175, F.S., slightly narrowing the public record exemption relating to information held by the Department of Children and Family Services regarding foster care parents. Similar to HB 7051. S. Children, Families, and Elder Affairs Committee

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

CS/SB 1442 Exploited Children:

In pertinent part, amends current law to stipulate that the state may use a pseudonym instead of the victim’s name to designate the victim of any crime involving child pornography. Similar to HB 605. Sen. Paula Dockery (R-Lakeland)

  • Senate: One minor amendment is adopted; passed the Senate unanimously. Now in H. Messages.

CS/SB 1464 Exemption/Donors – Department of Veterans’ Affairs:

Creates a public record exemption for information identifying a donor or prospective donor to the direct-support organization of the Department of Veterans’ Affairs if the donor or prospective donor requests anonymity. Also creates an exemption for portions of meetings of the direct-support organization during which the identity of donors or potential donors is discussed. Similar to HB 863. Sen. Charles Dean (R-Inverness)

  • Senate: Tabled; CS/HB 863 substituted. See CS/HB 863.

CS/HB 1467 Confidential Records/DCFS:

In pertinent part, requires the Department of Children and Family Services (DCFS) to maintain a complete and accurate case file of every child under its supervision or custody. Provides that every child under the supervision or custody of DCFS be provided with a complete and accurate copy of his or her entire case file, at no cost, upon the request of the child or the child’s representative. Finally, allows DCFS to release investigative records if the department secretary determines that disclosure of such records is in the public interest. Similar to SB 2762. Rep. Will Weatherford (R-Zephyrhills) πŸ™‚

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

CS/SB 1618 OGSR/Photos of Sex Offense Victims:

Reenacts and amends s. 119.071(2)(h), F.S., for criminal intelligence or criminal investigative information that would identify a victim of child abuse or any sexual offense. Also provides an exemption for photographs, videotapes or images of victims of sexual offenses. Finally, stipulates that such information can be disclosed under certain circumstances, including disclosure for print, publication, or broadcast if a law enforcement agency determines that release of the information would help in locating a person who is missing or endangered. Similar to HB 7107. S. Committee on Criminal Justice

  • Senate: One minor amendment is adopted; passed the Senate unanimously as amended. Now in H. Messages.

CS/SB 1998 Electronic Health Records:

In pertinent part, amends s. 395.3025, F.S., to facilitate electronic exchange of data between health care facilities, practitioners, and providers and attending physicians. Similar to HB 637. Sen. Jeremy Ring (D-Margate) WATCH

  • S. Governmental Operations Committee: A strike-all amendment is adopted, reported favorably as a committee substitute. As amended, CS/CS/SB 1998 amends s. 395.3025, F.S., to allow a health information exchange for the sole purpose of processing and transmitting electronic medical records among those persons or entities with authorized access to such records. Now in S. Health and Human Services Appropriations Committee.

CS/SB 2676 Pretrial Release Program Records:

In pertinent part, requires pretrial release programs to prepare a register displaying certain, specified information about defendants released through such programs. Stipulates that such registers are to be located in the clerk of court’s office in the county where the program is located and that the registers must be readily accessible to the public. Defines “pretrial release program” as an entity, public or private, that conducts investigations of pretrial detainees, makes pretrial release recommendations to a court, and electronically monitors and supervises pretrial defendants. Similar to HB 1441. Sen. Victor Crist (R-Tampa) WATCH

  • S. Criminal & Civil Justice Appropriations Committee: Two minor amendments are adopted; reported favorably as a committee substitute. Now on S. Calendar.

CS/SB 2762 Confidential Records/DCFS:

In pertinent part, requires the Department of Children and Family Services (DCFS) to maintain a complete and accurate case file of every child under its supervision or custody. Provides that every child under the supervision or custody of DCFS be provided with a complete and accurate copy of his or her entire case file, at no cost, upon the request of the child or the child’s representative. Allows DCFS to release investigative records if the department secretary determines that disclosure of such records is in the public interest and that the public interest outweighs any privacy interests contained in the records. Finally, allows release of DCFS records upon motion of a court and a showing of good cause by any person or organization. Similar to HB 1467. Sen. Paula Dockery (R-Lakeland) πŸ™‚

  • S. Governmental Operations Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/CS/SB 2762, in pertinent part, requires the Department of Children and Family Services (DCFS) to maintain a complete and accurate case file of every child under its supervision or custody. Provides that every child under the supervision or custody of DCFS be provided with a complete and accurate copy of his or her entire case file, at no cost, upon the request of the child or the child’s representative. Stipulates that the release of such records must be in a manner and setting that is appropriate to the age and maturity of the child and the nature of the information being released. Allows DCFS to release investigative records if the department secretary determines, in a written statement, that disclosure of such records is in the public interest and that the public interest outweighs any privacy interests contained in the records. Finally, allows release of DCFS records upon motion of a court and a showing of good cause by any person or organization. Now on S. Calendar.

HB 7089 Exemption/Juvenile Criminal History Records:

Creates a public record for a minor’s criminal history record compiled by the Criminal Justice Information Program from intrastate sources. Stipulates that the exemption does not apply to such records if the minor is arrested for or is convicted of a felony or three misdemeanors, regardless of adjudication. Allows access under certain specified circumstances. H. Safety & Security Council πŸ™

  • H. Policy & Budget Council: Reported favorably by a vote of 25/3 (Reps. Ausley, Brandenburg, and Seiler voting no); now on H. Calendar.
  • House: A minor amendment to the required statement of public necessity is adopted; passed by a vote of 109/1 as amended (Rep. Brandenburg voting no). Now in S. Messages.

NEW BILLS FILED

HB 7149 Information Technology/Public Records:

Amends public record retention requirements in chapter 119, F.S., stipulating in pertinent part that the Division of Library and Information Services adopt rules to establish a process for the disposal of public records. H. Government Efficiency & Accountability

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