2008 Legislative Report For Period Ending April 4

CS/SB 392 Agency Spending Disclosures:

Requires all local governments with a website to post information about contracts over $5,000 on the website, and requires the Department of Financial Services (DFS) to develop and maintain a portal linking all such websites, as well as a contract expenditures report containing information on all state agency contracts over $5,000. Also requires DFS to develop a uniform format to be used by local governments when posting contract information, stipulating that the format must include: (1) the name of the local government; (2) the name of the corporation or individual who is a party to the contract; (3) the date and the amount of the contract; (4) the purpose of the contract; and (5) basic expenditure categories reported by local governments in annual financial reports submitted to DFS. Requires posting of electronic copies of the contract to the extent possible and allows DFS to adopt rules implementing the requirements.  Finally, requires the Executive Office of the Governor to develop and maintain a portal linking to the DFS state agency contract expenditures report and stipulates that each state agency, to the extent possible, provide a link to an electronic copy of all contracts over $5,000. Similar to HB 181. Sen. Rhonda Storms (R-Brandon) πŸ™‚

  • S. Finance and Tax Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/CS/SB 392 requires all local governments with a website to post information about contracts over $5,000 on the website and, to the extent possible, to provide a link to an electronic copy of such contracts. Requires the Department of Financial Services (DFS) to develop a uniform format to be used by each local government when posting contract information, stipulating that the format must include: (1) the name of the local government; (2) the name of the corporation or individual who is a party to the contract; (3) the date and the amount of the contract; (4) the purpose of the contract; and (5) basic expenditure categories reported by local governments in annual financial reports submitted to DFS. Finally, requires the Executive Office of the Governor to develop and maintain a portal linking to the DFS state agency contract expenditures report and stipulates that each state agency, to the extent possible, provide a link to an electronic copy of all contracts over $5,000. Now in S. Transportation and Economic Development Appropriations.

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 and child support enforcement hearing officers, the home addresses, telephone numbers, and places of employment for the spouses and children of general magistrates or child support hearing officers, and the name and location of school and day care facilities of the children of general magistrates or child support enforcement hearing officers of such personnel if the magistrate or officer provides a written statement that they 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)

  • S. Governmental Operations Committee: Two amendments to expand the proposed exemption are adopted; reported favorably as a committee substitute. As amended, CS/CS/SB 766 creates 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.Now in S. Rules.

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. Similar to SB 1464. Rep. Ron Reagan (R-Sarasota)

  • H. Healthcare Council: A strike-all amendment conforming HB 863 to its Senate companion is adopted; reported favorably as a council substitute. As amended, CS/HB 863 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. Now in H. Policy & Budget Council.

HB 1467 Confidential Records/DCFS:

In pertinent part, requires the Department of Children and Family Services 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™‚

  • H. State Administration Committee: A strike-all amendment deleting the provision allowing DCFS to release investigative records is adopted; reported favorably as a committee substitute. Now in H. Government Efficiency & Accountability Council.

SB 1540 Exemption/Patient Medical Information:

Creates a public record exemption for information identifying a patient, a practitioner, a pharmacist, or the medication history of a patient contained in records that are reported to an agency which has access to or operates the privacy-protected website for patient medication histories. Sen. Burt Saunders (R-Naples) πŸ™

  • S. Health Regulation Committee: A strike-all amendment combining the substance of SB 1540 and SB 2782 is adopted; reported favorably as a committee substitute. As amended, CS/SB 1540 creates a public record exemption for information identifying a patient, health care practitioner, pharmacist, or pharmacy contained in records held by any agency having access to or operating the patient medication history website. Allows disclosure under certain specified circumstances. Finally, stipulates that a willful and knowing violation is a third degree felony. Now in S. Judiciary. πŸ™

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. S. Committee on Criminal Justice

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

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. Health Regulation Committee: A strike-all amendment making technical changes is adopted; reported favorably as a committee substitute.

SB 2574 Exemption/Sexual Violence Victims:

Expands the public record exemption under s. 741.313(7)(a), F.S., for personal identifying information contained in written requests for leave that document acts of domestic violence to also exempt acts of sexual violence. Similar to HB 1141. Sen. Mike Fasano (R-New Port Richey)

  • S. Commerce Committee: Reported favorably. Now in S. Governmental Operations.

SB 2610 Exemption/Organ & Tissue Donor Registry:

Creates a public record exemption for information identifying donors contained in the organ and tissue donor registry. Similar to HB 1487. Sen. Steve Oelrich (R-Gainesville)

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

SB 2762 Confidential Records/DCFS:

In pertinent part, requires the Department of Children and Family Services 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 HB 1467. Sen. Paula Dockery (R-Lakeland) πŸ™‚

  • S. Children, Families, and Elder Affairs Committee: A strike-all amendment, with three technical amendments, is adopted; reported favorably as a committee substitute. As amended, CS/SB 2762, in pertinent part, requires the Department of Children and Family Services 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. Now in S. Judiciary.

SB 2782 Exemption/DOH – Controlled Substance Database:

Creates a public record exemption for information identifying patients, physicians, pharmacists, and pharmacies contained in the controlled substance database maintained by the Department of Health. Similar to HB 1243. Sen. Jeff Atwater (R-North Palm Beach) πŸ™

  • S. Health Regulation Committee: A strike-all amendment combining the substance of SB 2782 and SB 1540 is adopted and SB 2782 is TABLED. See CS/SB 1540.

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