2008 Legislative Report Presession

Foundation Members: The following is a list of the bills, grouped by general category, we will be tracking throughout the 2008 Legislative Session. As usual, we have selected those bills with open government and first amendment implications we think will be of interest to our members. After the summary of each open government bill, you will find an easily recognizable indication of whether the bill is good or bad. Under this reporting system, πŸ™‚Β is Good and πŸ™ is Bad. Those bills that are neither good nor bad will not be marked. If we’re not sure of a bill, it will be marked with ???. Bills of interest which do not necessarily affect the public’s right of access to records or meetings will be marked WATCH.

During session, we will report any activity on these bills, as well as any new legislation that may be filed, on a weekly basis. Bills are listed in numerical order. When the text of the bill and its companion are identical, only the first bill listed is analyzed. We suggest you keep this pre-session report, as the weekly reports will not contain a complete description of all the bills.

Open Government Sunset Review (OGSR): Under the Open Government Sunset Review Act of 1995, all exemptions to the Sunshine Law and Public Records Law must be reviewed and reenacted by the Legislature five years after the date of enactment, or the exemption will automatically “sunset”. The 2008 Legislature will be reviewing all exemptions created in 2003. Those bills will be included in our legislative reports and are designated “OGSR”.

PUBLIC RECORDS and OPEN MEETINGS

SB 102 Exemption/Juvenile Blood Tests:

Creates a public record exemption for blood test results of juveniles tested by a juvenile assessment center for infectious diseases. Allows access under certain specified conditions. Sen. Frederica Wilson (D-Miami Gardens)

SB 122 Fraudulent Use of Personal Information:

Amends s. 817.568 F.S., to make the willful and fraudulent use of personal identification information relating to individuals 65 years of age or older without consent of the individual a first degree felony. Sen. Mike Fasano (R-New Port Richey)

HB 181 Agency Spending Disclosures:

Requires the Department of State to create and manage a free website listing, for each quarter of each calendar year, each expenditure over $5,000 made by a governmental entity to a person under contract by the: (1) name of the governmental entity making the expenditure; (2) name of the person receiving the funds; (3) date of the expenditure; and (4) purpose of the expenditure. In addition, requires that the website include an electronic copy of each contract listed. Similar to SB 392. Rep. Gayle Harrell (R-Port St. Lucie) πŸ™‚

  • H. Audit & Performance Committee: Reported favorably with one amendment. As amended, requires agency websites to list, for each quarter of the calendar year, each expenditure over $5,000 made by a governmental entity to a person under contract by the: (1) name of the governmental entity making the expenditure; (2) name of the person receiving the funds; (3) date of the expenditure; and (4) purpose of the expenditure. In addition, requires that the websites include an electronic copy of each contract listed. Finally, requires the Governor’s Office to provide a portal with links to the required websites. πŸ™‚

SB 250 Criminal History Records/Expunction and Sealing:

In pertinent part, amends s. 943.0515, F.S., requiring the Department of Law Enforcement to notify certain specified agencies of the criminal records of a minor which are expunged. Additionally, mandates that any criminal history record expunged by the department be physically destroyed by any agency with custody of the record. Sen. Frederica Wilson (D-Miami Gardens)

HB 327 Exemption/Security Camera Recordings:

Creates a public record exemption for digital video security camera recordings of specified late-night business that are provided to a law enforcement agency or any other governmental entity. Rep. Ari Porth (D-Coral Springs) πŸ™

SB 356 Exemption/Donor – Publicly Owned Building:

Creates a public record exemption for information that identifies a donor or prospective donor for the benefit of a publicly owned building or facility if the donor desires to remain anonymous. Sen. Jeremy Ring (D-Margate) Β 

HB 373 Sealing Criminal History Records:

Amends s. 943.059, F.S., expanding court-ordered sealing of criminal history records to allow petitions to seal a criminal history record relating to certain misdemeanors. Rep. Charles Chestnut (D-Gainesville) ???

SB 392 Agency Spending Disclosures:

Requires the Department of State to create and manage a free website listing, for each quarter of each calendar year, each expenditure over $5,000 made by a governmental entity to a person under contract by the: (1) name of the governmental entity making the expenditure; (2) name of the person receiving the funds; (3) date of the expenditure; and (4) purpose of the expenditure. In addition, requires that the website include an electronic copy of each contract listed. Similar to HB 181. Sen. Rhonda Storms (R-Brandon) πŸ™‚

SB 418 Exemption/Florida Alternative Energy Center:

Creates a public record exemption for (1) the identity of a business recruited by Florida Alternative Energy Center and (2) all related negotiations, stipulating that such records become public at the conclusion or termination of the negotiations. Also creates an exemption for (3) proprietary business information obtained from a business entity by the Center, (4) the identity of a donor or potential donor who requests to be anonymous, and (5) information received by the Center which is otherwise confidential or exempt. Finally, (6) creates an exemption for those portions of meetings at which exempt information is discussed and (7) creates an exemption for all records created during such meetings. Sen. Michael Bennett (R-Bradenton) πŸ™

SB 468 Child Care Personnel/Fingerprinting:

Amends s. 402.305, F.S., requiring electronic submission of fingerprints of child care personnel and retention of fingerprints by the Department of Law Enforcement; that such fingerprints retained be searched against arrest records; and that arrest records identified with the retained fingerprints be reported to the Department of Children and Family Services. Sen. Anthony C. Hill, Sr. (D-Jacksonville) WATCH

SB 506 Juveniles Records:

In pertinent part, requires each clerk of court to submit information concerning juvenile arrest records to the Department of Law Enforcement. Additionally, allows disclosure of criminal history information of those minors who have been adjudicated as adults or who have been found to have committed an offense that would be a felony if committed by an adult. Sen. Frederica Wilson (D-Miami Gardens)

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

HB 639 Exemption/Addresses and Phone Numbers – Judicial Officials:

Amends s. 119.071(4), F.S., creating a public record exemption for the home addresses, telephone numbers, social security numbers, and photographs of general magistrates, child support enforcement hearing officers, and their spouses, children, and grandchildren. Similar to SB 766. Rep. Anitere Flores (R-Miami) πŸ™

HB 759 Personal Identification Information:

Creates a public record exemption for any portion of a public record held by an agency that contains personal identification information of an individual. Rep. Perry Thurston, Jr. (D-Fort Lauderdale) πŸ™

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

Similar to HB 639. Sen. Nan Rich (D-Sunrise) πŸ™

SB 806 Exemption/Seaport Security:

Creates an exemption for meetings of a public seaport authority governing board at which the board hears or discusses active criminal investigative information or active criminal intelligence information or receives a security briefing from the Department of Law Enforcement. Stipulates (1) the chair announce the need for the closed meeting; (2) the reason for the closed meeting be specified in a public record; and (3) a recording be made of the closed meeting. Finally, creates a public record exemption for an audio or video recording or any minutes of the closed meeting until the investigation is complete or ceases to be active or until the security plan is no longer in effect. Sen. Rhonda Storms (R-Brandon)

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™‚

HB 851 Patients’ Right-To-Know Act:

Amends s. 408.063, F.S., requiring the Agency for Health Care Administration to publish and disseminate information to the public to help make decisions in selecting health care providers, facilities, and services, to stipulate the information that must be disclosed. Similar to SB 1186. Rep. Ronald Brise (D-Miami) WATCH

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)

SB 870 Exemption/Domestic Violence Injunction:

Creates a public record exemption for a petition for an injunction for protection against domestic violence until the petition is personally served on the respondent. Sen. Mike Fasano (R-New Port Richey) πŸ™

SB 904 Exemption/Shell Bill:

Expresses legislative intent to revise laws relating to an exemption from requirements for public records and meetings. Sen. Mandy Dawson (D-Fort Lauderdale) πŸ™

SB 912 Exemption/Shell Bill – Health Records:

Expresses legislative intent to revise public record laws relating to electronic health records. Sen. Jeff Atwater (R-North Palm Beach) ???

SB 918 Exemption/Shell Bill:

Expresses legislative intent to revise laws relating to an exemption from requirements for public records and meetings. Sen. Jeff Atwater (R-North Palm Beach) πŸ™

HB 965 Exemption/Home Addresses – EMTs and Paramedics:

Creates a public record exemption for the home addresses, telephone numbers, social security numbers, and photographs of active or former certified emergency medical technicians or paramedics; the names, home addresses, telephone numbers, social security numbers, photographs, and places of employment of the spouses and children of such technicians and paramedics; and the names and locations of schools and daycare facilities attended by children of such technicians and paramedics. Similar to SB 1660. Rep. Matt Hudson (R-Naples) πŸ™

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. Similar to SB 2276. Rep. Dorothy Hukill (R-Port Orange) πŸ™‚

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. S. Children, Families, and Elder Affairs Committee

  • S. Children, Families, and Elder Affairs Committee: Reported favorably. Now in S. Judiciary.

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. Children, Families, and Elder Affairs Committee: Reported favorably. Now in S. Criminal Justice.

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. S. Children, Families, and Elder Affairs Committee

  • S. Children, Families, and Elder Affairs Committee: Reported favorably. Now in S. Judiciary.

HB 1051 Exemption/State Fire Marshall Investigations:

Creates a public record exemption for papers, documents, reports, or evidence relative to an investigation by the state fire marshall until such time as the investigation is complete or no longer active. Stipulates that certain information may remain exempt under specified conditions. Rep. Luis Garcia (D-Miami)

SB 1058 Exemption/Shell Bill:

Expresses legislative intent to create a public record and meetings exemption. Sen. Alex Villalobos (R-Miami) πŸ™

HB 1061 Ad Valorem Tax Data:

Similar to SB 822. Rep. Jack Seiler (D-Pompano Beach) πŸ™‚

SB 1090 OGSR/Florida Kidcare:

Reenacts and amends s. 409.821, F.S., providing a public record exemption for personal identifying information of Florida Kidcare program applicants or enrollees, to allow access by the parent or legal guardian of an enrollee. S. Health Policy Committee

  • S. Health Policy Committee: Reported favorably with one minor amendment. As amended allows access to certain, specified information by the legal guardian. Now in S. Governmental Operations.

HB 1141 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. Rep. Evan Jenne (D-Davie)

SB 1144 Public Records/Shell Bill:

Expresses legislative intent to revise laws relating to public records. Sen. Rhonda Storms (R-Brandon) πŸ™

SB 1156 Public Records/Shell Bill:

Expresses legislative intent to revise laws relating to public records. Sen. Rhonda Storms (R-Brandon) πŸ™

SB 1186 Patients’ Right-to-Know Act:

Similar to HB 851. Sen. Nan Rich (D-Sunrise)

SB 1390 Exemption/Ephedrine Sales:

Creates a public record exemption for information relating to the retail sale of ephedrine and related compounds entered into the written or electronic logbook of a retail distributor or into the centralized real-time electronic logbook maintained by the Department of Law Enforcement. Sen. Burt Saunders (R-Naples) ???

SB 1392 Shell Bill:

Expresses legislative intent to revise laws relating to public records and public meetings. Sen. Al Lawson (D-Tallahassee) πŸ™

SB 1394 Shell Bill:

Expresses legislative intent to revise laws relating to public records and public meetings. Sen. Al Lawson (D-Tallahassee) πŸ™

SB 1396 Shell Bill:

Expresses legislative intent to revise laws relating to public records and public meetings. Sen. Al Lawson (D-Tallahassee) πŸ™

SB 1400 Shell Bill:

Expresses legislative intent to revise laws relating to public records and public meetings. Sen. Al Lawson (D-Tallahassee) πŸ™

SB 1402 Shell Bill:

Expresses legislative intent to revise laws relating to public records and public meetings. Sen. Al Lawson (D-Tallahassee) πŸ™

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

Similar to HB 863. Sen. Charles Dean (R-Inverness)

SB 1510 Exemption/Pending Litigation:

Amends s. 286.011, F.S., expanding the current definition for “pending litigation” to include any matter that is the subject of the mandatory 6-month notice of intent to initiate a tort action lawsuit provided to a governmental entity pursuant to s. 768.28, F.S., and for which a lawsuit has not yet been filed. Sen. Steven Geller (D-Hallandale Beach) ???

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™

SB 1616 Concealed Weapons License Data:

Amends s. 790.065, F.S., authorizing the Department of Law Enforcement to disclose data collected from court records to the Department of Agriculture and Consumer Services for purposes of determining whether the concealed weapons license of a person adjudicated incapacitated or committed to a mental institution should be revoked or suspended. S. Committee on Criminal Justice WATCH

SB 1618 OGSR/Photos of Sex Offense Victims:

Reenacts without modification the public record exemption in s. 119.071(2)(h), F.S., for any photograph, videotape, or image of the victim of a sexual offense. S. Committee on Criminal Justice ???

SB 1630 OGSR/Department of Agriculture/Investigations:

Reenacts with slight modification the public record exemption in s. 500.148, F.S., for certain information provided to the Department of Agriculture and Consumer Services relating to food safety or illness. S. Committee on Agriculture

SB 1660 Exemption/Home Addresses – EMTs and Paramedics:

Similar to HB 965. Sen. Dave Aronberg (D-Greenacres) πŸ™

SB 1720 Public Records/Shell Bill:

Expresses legislative intent to revise laws relating to public records. Sen. Steve Oelrich (R-Gainesville) πŸ™

SB 1926 Public Records/Shell Bill:

Expresses legislative intent to revise laws relating to public records. Sen. Don Gaetz (R-Niceville) πŸ™

SB 1930 Public Records/Shell Bill:

Expresses legislative intent to revise laws relating to public records. Sen. Don Gaetz (R-Niceville) πŸ™

SB 1998 Electronic Health Records:

Similar to HB 637. Sen. Jeremy Ring (D-Margate) WATCH

SB 2008 Office of Open Government:

In pertinent part, enacts s. 14.40, F.S., creating within the Executive Office of the Governor the Office of Open Government for the purpose of assisting agencies in complying with open government requirements and providing open government training to agencies. Also requires the Attorney General to appoint an attorney to mediate disputes regarding access to public records under the Open Government Mediation Program. S. Committee on Governmental Operations πŸ™‚

SB 2038 Exemption/Work Papers – Office of Insurance Regulation:

Expands the public record exemption for work papers held by the Office of Insurance Regulation for use in examinations or investigations to also exempt “other information” related to such examinations or investigations. Sen. Al Lawson (D-Tallahassee) πŸ™

SB 2224 OGSR/Paratransit Services:

Reenacts and expands the public record exemption in s. 119.0713(2), F.S., for personal identifying information in records relating to a person’s health held by a local government for the purpose of determining eligibility for paratransit services. As amended, exempts personal identifying information of applicants for or recipients of paratransit services held by any agency. Allows for disclosure under certain specified conditions. S. Committee on Community Affairs

SB 2240 Voting Rights:

In pertinent part, requires that records developed or maintained by an agency pursuant to an investigation by the Board of Executive Clemency be released to the person who is the subject of the investigation. Also requires the Division of Elections to provide the Governor with records required for restoration of a convicted felon’s voting rights. Sen. Tony Hill (D-Jacksonville) WATCH

SB 2254 Criminal History Records/Expunction and Sealing:

In pertinent part, increases from one to three the number of arrests or incidents that may be expunged or sealed without conditions and decreases the number of years a criminal history record must be sealed before it can be expunged. Sen. Gary Siplin (D-Orlando) πŸ™

SB 2276 Voice of the People Act:

Similar to HB 991. Sen. Evelyn Lynn (R-Daytona) πŸ™‚

SPB 7042 OGSR/Reports by Insurers:

Reenacts without modification the public record exemption in s. 626.97411, F.S., for credit scoring methodologies and related data that are trade secrets contained in reports by insurers to the Office of Insurance Regulation.

  • S. Banking and Insurance Committee: Failed to submit as committee bill.

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