2009 Legislative Report For Period Ending April 10

CS/SB 114 Notice/Contaminated Property:

Requires the Department of Environmental Protection to provide notice of contaminated property to the local health department, as well as specified representatives of local government, state legislators, and property owners and tenants of any property within 1,000 feet of all sampling points at which contamination is discovered. Similar to HB 1229. Sen. Charlie Justice (D-St. Petersburg) WATCH

  • S. Education PreK – 12 Committee: A traveling amendment from S. Community Affairs Committee is adopted; reported favorably as a committee substitute.  Now in S. General Government Appropriations Committee.

CS/SB 126 Records/Children and Vulnerable Adults:

In pertinent part, requires that a child’s case file be maintained in a complete and accurate manner, and that such files be made available to the child without cost, and allows access to a child’s case file by foster parents, preadoptive parents, adoptive parents, and adoption entities under certain, specified conditions. Similar to HB 1439. Sen. Paula Dockery (R-Lakeland) 🙂

  • S. Judiciary Committee: A strike-all amendment making minor, technical changes and adding a provision stipulating that failure to provide a copy of a child’s record as requested constitutes a violation of the Public Records Law, is adopted.  Reported favorably as a committee substitute.  Now in S. Governmental Oversight & Accountability Committee.

CS/SB 270 Exemption/Insured Dependents:

Creates a public record exemption for personal identifying information of insured dependent children of current or former agency employees if the dependents are insured by an agency group insurance plan. Similar to HB 135. Sen. Paula Dockery (R-Lakeland)

  • S. Governmental Oversight & Accountability Committee: Reported favorably.  Now in S. Rules Committee.

SB 1290 OGSR/Motor Vehicle Records:

Reenacts without modification § 119.0712(2), F.S, the Florida Driver’s Privacy Protection Act, providing a public record exemption for personal identifying information in motor vehicle records.  Similar to HB 7027. S. Transportation Committee

  • S. Governmental Oversight & Accountability Committee: A strike-all amendment is adopted; reported favorably as a committee substitute.  As amended, CS/SB 1290 reenacts, with significant technical modification, § 119.0712(2), F.S, the Florida Driver’s Privacy Protection Act, providing a public record exemption for personal identifying information in motor vehicle records.  Now in S. Rules Committee.

SB 1582 Exemption/County Ethics Complaints:

Expands § 112.324, F.S., providing a public record exemption for records relating to investigations of complaints by the Ethics Commission to include records relating to investigations of complaints held by counties that have established a local investigatory process.  Stipulates that such records are exempt until the complaint is dismissed or when a probable cause determination is made. Similar to HB 985. Sen. Thad Altman (R-Melbourne)

  • S. Community Affairs Committee: Reported favorably. Now in S. Ethics & Elections Committee.

CS/SB 1796 Financial Transparency:

Requires the Executive Office of the Governor to establish a website available through the state’s internet portal to provide public access, initially, to appropriations expenditures data for all branches of state government.  Requires the Joint Legislative Auditing Committee to oversee the website and to propose additional information to be added to the website.  Exempts cities with a population of less than 10,000 from the website reporting requirements. Sen. J.D. Alexander (R-Winter Haven) 🙂

  • S. Governmental Oversight & Accountability Committee: An amendment to also exempt special districts with populations of less than 10,000 from the website reporting requirements is adopted; reported favorably as a committee substitute.  Now in S. Rules Committee.

SB 1902 OGSR/Human & Machine Cognition Institute:

Reenacts, without modification, § 1044.4472, F.S., providing a public record exemption for (1) material relating to methods of manufacture or production; (2) potential and actual trade secrets; (3) patentable material; proprietary business information; (4) the identity of donors or potential donors to the Institute who desire to remain anonymous; and (5) any information received by the Institute in the performance of its duties which is otherwise confidential and exempt by law held or received by the Florida Institute for Human & Machine Cognition.  Also reenacts an exemption for those portions of meetings at which exempt information is discussed. Similar to HB 7041. S. Higher Education Committee ???

  • S. Governmental Oversight & Accountability Committee: A strike-all amendment is adopted; reported favorably as a committee substitute.  As amended, CS/SB 1902 reenacts, with minor technical modification, § 1044.4472, F.S., providing a public record exemption for (1) material relating to methods of manufacture or production; (2) potential and actual trade secrets; (3) patentable material; proprietary business information; (4) the identity of donors or potential donors to the Institute who desire to remain anonymous; and (5) any information received by the Institute in the performance of its duties which is otherwise confidential and exempt by law held or received by the Florida Institute for Human & Machine Cognition.  Also reenacts an exemption for those portions of meetings at which exempt information is discussed.  Now in S. Rules Committee.

CS/SB 2108 Clerks of Court/Transfer of Services:

Transfers funding of the clerks of court from the Florida Clerks of Court Operations Corporation to the annual legislative appropriations process as of the fiscal year 2010 – 2011. Requires the clerks of  court to submit an annual legislative budget request through the Corporation starting in 2010 and stipulates the fines, fees, service charges, and costs collected by the clerks be remitted to the state rather than retained by the clerks. Similar to HB 1121. Sen. Ken Pruitt (R-Port St. Lucie) WATCH

  • S. Ways & Means Committee: A strike-all amendment is adopted; reported favorably as a committee substitute.  As amended, CS/CS/SB 2108 in pertinent part stipulates that the Clerks of Court Operations Corporation be housed in the Justice Administration Commission and that the corporation be funded through general appropriations.  Now on S. Calendar.

SB 2158 Exemption/Florida Insurance Guaranty Association:

As amended, SB 2158 creates a public record exemption for the following records held by the Florida Insurance Guaranty Association:  (1) claims files until termination of all litigation, settlement, and final closing of all claims arising out of the same incident; (2) medical records and other medical information that are part of a claims file; and (3) records pertaining to privileged attorney-client communications. Similar to HB 961. Sen. Mike Haridopolos (R-Melbourne)

  • S. Governmental Oversight & Accountability Committee: Two traveling amendments approved by previous committees are adopted; reported favorably as a committee substitute.  Now in S. Rules Committee.

CS/SB 2324 Exemption/Military Base Closures:

Creates a public record exemption for those portions of record held by the Florida Council on Military Base and Mission Support on U.S. Department of Defense Base Realignment and Closure Activities which relate to (1) strengths and weaknesses of military installations or military missions in Florida or other states and vulnerability of such installations to base realignment or closure; (2) the selection criteria for the realignment and closure of military bases and missions; (3) Florida’s strategy to retain its military bases during the federal base realignment and closure process; and (4) any agreements or proposals to relocate or realign military units and missions.  Also creates an exemption for meetings or portions of meetings of the Council at which exempt records are presented or discussed.  Finally, creates an exemption for all records generated during those portions of closed meetings. Similar to HB 7125. Sen. Don Gaetz (R-Ft. Walton Beach) 🙁

  • S. Governmental Oversight & Accountability Committee: Reported favorably.  Now in S. Rules Committee.

CS/SB 2374 Exemption/Education Records:

Creates a public record exemption for education records as defined by the federal Family Educational Rights and Privacy Act (FERPA), and expands the public record exemption in § 1006.52, F.S., for the education records of students enrolled in public postsecondary educational institutions to include education records of applicants for admission to such institutions. Similar to HB 7119. Sen. Nancy Detert (R-Venice)

  • S. Governmental Oversight & Accountability Committee: Reported favorably. Now in S. Education PreK – 12 Appropriations Committee.

NEW BILLS FILED

HB 7125 Exemption/Military Base Closures:

Creates a public record exemption for those portions of record held by the Florida Council on Military Base and Mission Support on U.S. Department of Defense Base Realignment and Closure Activities which relate to (1) strengths and weaknesses of military installations or military missions in Florida or other states and vulnerability of such installations to base realignment or closure; (2) the selection criteria for the realignment and closure of military bases and missions; (3) Florida’s strategy to retain its military bases during the federal base realignment and closure process; and (4) any agreements or proposals to relocate or realign military units and missions.  Also creates an exemption for meetings or portions of meetings of the Council at which exempt records are presented or discussed.  Finally, creates an exemption for all records generated during those portions of closed meetings. Similar to SB 2324. H. Economic Development & Community Affairs Council

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