2009 Legislative Report For Period Ending April 17

CS/HB 135 Exemption/Insured Dependents:

Creates a public record exemption for personal identifying information of dependent children (those under the age of 21 who are still in school) of current or former agency employees if the dependents are insured by an agency group insurance plan. Similar to SB 270. Rep. Seth McKeel (R-Lakeland)

  • H. Economic Development & Community Affairs Policy Council: Reported favorably. Now on H. Calendar.

CS/SB 162 Electronic Health Records:

Expands access to a patient’s medical records to facilitate the electronic exchange of data and creates the “Florida Electronic Health Records Exchange Act.” Also creates a health loan program with funding from federal stimulus funds and private donations. Sen. Jeremy Ring (D-Margate) WATCH

  • S. Judiciary Committee: Reported favorably. Now in S. Health & Human Services Appropriations Committee.

SB 166 Exemption/Donors to Public Buildings:

Creates a public record exemption for the name, address, and telephone number of a donor or prospective donor to a publicly-owned building or facility. Similar to HB 795. Sen. Jeremy Ring (D-Margate) 🙁

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

CS/HB 631 Exemption/Estate Inventories and Accountings:

Creates a public record exemption for inventories of an estate or elective estate and accountings filed in an estate proceeding.  Stipulates that such records may be disclosed under certain, specified conditions including by court order upon a showing of good cause. Similar to SB 1400. Rep. Dorothy Hukill (R-Port Orange)

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

CS/HB 971 Transparency in Government Spending:

Requires the Executive Office of the Governor to create a publicly-accessible website to provide access to information for each state agency and each branch of state government, including: (1) disbursement data for each expenditure for each appropriation, including the name of the payee, the date and amount of the expenditure, and the object code; (2) all appropriations, supplemental appropriations, and budget amendments; (3) the status of spending authority for each appropriation; and (4)  the position and rate information for all positions provided in the General Appropriations Act.  Stipulates that the Joint Legislative Auditing Committee will be responsible for overseeing and managing the website and requires the committee to submit a plan to the House Speaker, Governor, and Senate President to provide access to information for all other governmental entities including local governments and state universities by March 2010. Similar to SB 1796 and SB1972. Rep. Dorothy Hukill (R-Port Orange) 🙂

  • H. Economic Development & Community Affairs Policy Council: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/CS/HB 971 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 and special districts with a population of less than 10,000 from the website reporting requirements. Now on H. Calendar.

CS/HB 985 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 to enforce more stringent standards of conduct and disclosure requirements.  Stipulates that such records are exempt until the complaint is dismissed or when a probable cause determination is made. Similar to SB 1582. Rep. Eric Eisnaugle (R-Orlando)

  • H. Economic Development & Community Affairs Policy Council: Reported favorably. Now on H. Calendar.

HB 1121 Clerks of Court/Transfer of Services:

Stipulates that services currently provided by clerks of court are to be transferred to state court system. Similar to SB 2108. Rep. Ellyn Bogdanoff (R-Ft. Lauderdale) WATCH

  • H. Criminal & Civil Justice Appropriations Committee: A series of amendments, including a strike-all amendment, are adopted; reported favorably as a committee substitute.  As amended, CS/HB 1121, in pertinent part, amends § 28.246, F.S., requiring the Clerks of Courts Operations Corporation to determine the minimum amount of revenue necessary for each clerk to efficiently perform its statutory functions and to submit an annual budget to the Legislative Budget Commission for each clerk of court.  Now in H. Civil Justice & Courts Policy Committee.

SB 1268 OGSR/Surplus State Lands:

Reenacts, with minor modification, § 253.034(6)(g)1., F.S., providing a public record exemption for the written valuation of surplus state lands and related documents used to form the valuation or which pertain to the valuation until two weeks before a contract regarding the purchase, exchange, or disposal of such land is first considered for approval. Similar to HB 7035. S. Environmental Preservation & Conservation Committee

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

SB 1342 OGSR/Home Addresses – U.S. Attorneys:

Reenacts, narrows, and moves the public record exemption for the home addresses, etc., of U.S. attorneys, judges, and magistrates.  As amended, creates § 119.071(5)(i), F.S., providing a public record for the home address, telephone number, and photograph of a current or former U.S. attorney, judge, or magistrate. Also exempts the home address, telephone number, photograph, and place of employment of the spouses and children of such persons, as well as the name and location of the schools or day care facilities attended by their children. Stipulates that the attorney, judge, or magistrate must request confidentiality in writing and must provide a written statement that reasonable efforts have been made to protect such information in other publicly-available sources. S. Judiciary Committee

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

SB 1348 OGSR/Campaign Finance Reports:

Reenacts, with minor technical modification, § 106.0706, F.S., providing an exemption for information entered into the campaign finance report electronic filing system until such time as the information is submitted to the Division of Elections as a filed report. Similar to HB 7015. S. Ethics & Elections Committee

  • S. Governmental Oversight & Accountability Committee: A strike-all amendment making minor technical and conforming changes is adopted; now in S. Rules Committee.

CS/SB 1368 Local Government/Financial Reports:

Amends various statutory provisions relating to the budgeting procedure for various local government entities; establishes a state-wide budget system, including minimum requirements for items that must be included in the budget; requires adoption of tentative budgets at public meetings; and requires that tentative budgets, budgets, and budget amendments be posted on the entity’s official website. Similar to HB 931. Sen. Charlie Dean (R-Ocala) 🙂

  • S. Governmental Oversight & Accountability Committee: Various amendments making mostly technical changes are adopted; reported favorably. Now in S. General Government Appropriations Committee.

CS/SB 1400 Exemption/Estate Inventories and Accountings:

Creates a public record exemption for inventories of an estate or elective estate and accountings filed in an estate proceeding.  Stipulates that such records may be disclosed under certain, specified conditions including by court order upon a showing of good cause. Similar to HB 631. Sen. Dave Aronberg (D-Greenacres)

  • S. Governmental Oversight & Accountability Committee: Reported favorably. Now in S. Rules 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 and special districts with  populations of less than 10,000 from the website reporting requirements. Similar to HB 971. Sen. J.D. Alexander (R-Winter Haven) 🙂

  • Senate: Passed the Senate, 38/0. Now in H. Messages.

CS/SB 1834 OGSR/Archival Material:

Reenacts, with minor technical modification, § 275.38, F.S., providing a public record exemption for non-public manuscripts or archival material turned over to the Florida State Archives under special conditions. Stipulates that such manuscripts or material will be subject to public disclosure 50 years after the date of the creation of such records. Similar to HB 7025. S. Governmental Oversight & Accountability Committee

  • S. Community Affairs Committee: Reported favorably. Now in S. Rules Committee.

SB 1896 Exemption/Patient Safety Data:

Repeals § 381.2073, F.S., providing a public record exemption for information identifying a patient contained in patient safety data and the person reporting such information in records held by the Florida Patient Safety Corporation. Also repeals § 381.2071, F.S., authorizing creation of the Florida Patient Safety Corporation. Similar to HB 7023. S. Health Regulation Committee

  • S. Health & Human Services Appropriations Committee: Reported favorably. Now on S. Calendar.

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

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. Similar to HB 1121. Sen. Ken Pruitt (R-Port St. Lucie) WATCH

  • Senate: An amendment stipulating that all revenues received by clerks of court are state funds and requires that such revenues be remitted monthly to the Department of Revenue for deposit into the Clerks of the Court Trust Fund within the Justice Administrative Commission, is adopted. Passed the Senate as amended, 38/1 (Sen. Chris Smith voting no). Now in H. Messages.

SB 2126 Exemption/Cable and Video Service Providers:

Creates a public record exemption for all information received by the Office of Program Policy Analysis and Government Accountability (OPPAGA) from cable and video service provider and all information collected and maintained by OPPAGA relating to the status of competition in the cable and video service industry. Similar to HB 7093. Sen. Jim King (R-Jacksonville) 🙁

  • S. Communications, Energy & Public Utilities Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 2126 creates a public record exemption for proprietary business information obtained from a communications or broadband company by the Department of Management Services. Defines “proprietary business information” as proprietary or otherwise confidential information, including plans, billing and payment records, and trade secrets, which is marked as such when provided to DMS and is not otherwise publicly available. Stipulates that aggregate information related to the geographic scope of the availability of broadband services or the speed of available services is not proprietary confidential business information.
  • S. Governmental Oversight & Accountability Committee: Two technical amendments and a third amendment deleting a penalty provision  for the intentional release of the protected information are adopted; reported favorably as a committee substitute. Now in S. Rules Committee.

SB 2162 Exemption/Seaport Authorities:

Creates an exemption for those portions of meetings of seaport authority boards at which active criminal investigative or intelligence information is discussed or a security briefing is received. Stipulates that the chair must announce the necessity to close the meeting and provides the specific reasons for closure in a written document and that the entire meeting be recorded. Also limits attendance at the closed meeting to members of the board, supporting staff and other persons authorized by the chair. Finally, creates a public record exemption for all records associated with the closed meeting until the investigation is complete or no longer active. Sen. Ronda Storms (R-Brandon)

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

HB 7019 OGSR/Recreation Programs for Children:

Reenacts, with some modification, § 119.071(5)(c), F.S., providing a public record exemption for information that would identify or help locate a child who participates in a government-sponsored recreation program, including information that would identify or help locate the parents or guardians of the child.  As amended, defines “government-sponsored recreation program” as an after-school program, an athletic program, a nature program, a camp, or other recreational program for which an agency assumes responsibility for a child participating in the program.  Allows access by court order upon a showing of good cause. Similar to SB 1824. H. Governmental Affairs Committee

  • H. Economic Development & Community Affairs Policy Council: An amendment deleting the provision allowing access by court order is adopted; reported favorably as a committee substitute. Now on H. Calendar.

HB 7043 OGSR/Scripps Research Institute:

Reenacts with some modification § 288.9551, F.S., providing various public record and open meeting exemptions for the Scripps Florida Funding Corporation, the Office of Tourism, Trade and Economic Development (OTTED) and the Scripps Research Institute. Specifically, HB 7043 removes OTTED and the Scripps Research Institute from the scope of the various exemptions and provides a public record exemption for (1) materials relating to methods of manufacture or production; potential or actual trade secrets, patentable material, or proprietary information received, generated, ascertained or discovered by or through the Scripps Research Institute; (2) agreements and proposals to receive funding, including grant applications; (3) materials relating to the recruitment of scientists and researchers; (4) the identity of donors or potential donors who wish to remain anonymous; (5) information received which is otherwise confidential or exempt; (6) personal identifying information of participants in human trials or experiments; and (7) medical or health records relating to participants in clinical trials. Also (8) exempts portions of meetings at which exempt information is discussed, as well (9) all records generated during closed meetings. Finally, (10) stipulates that the Scripps Research Institute is a private, not-for-profit entity and is thus not subject to the public records law or the open meetings law.  Stipulates that the exemption is repealed in 2024. Similar to SB 2032. H. Governmental Affairs Committee 🙁

  • H. Economic Development & Community Affairs Policy Council: An amendment deleting the repeal provision and requiring review of the exemption in 2014 under the Open Government Sunset Review Act is adopted; reported favorably as a committee substitute. Now on H. Calendar.

HB 7047 Administrative Procedures/Public Meetings:

In pertinent part, amends ch. 120, the Administrative Procedures Act, to require each agency to provide notice of public meetings, hearings, and workshops on the agency’s website, including an agenda of such meetings. Similar to SB 2188. H. Governmental Affairs Committee 🙂

  • H. Economic Development & Community Affairs Policy Council: A series of technical amendments is adopted; reported favorably as a committee substitute. Now on H. Calendar.

HB 7051 OGSR/Social Security Numbers:

Reenacts, with modification, § 119.071(4), F.S., providing a public record exemption for social security numbers of government employees. Also amends § 119.071(5)(a), F.S., providing a general public record exemption for social security numbers. Similar to SB 1838. H. Governmental  Affairs Committee

  • H. Economic Development & Community Affairs Policy Council: An amendment making technical changes is adopted; reported favorably as a committee substitute. Now on H. Calendar.

HB 7115  Exemption/Office of Financial Regulation:

Creates a public record exemption for audited financial statements submitted to the Office of Financial Regulation (OFR) pursuant to laws relating to mortgage lending. Also creates an exemption for information and materials placed in the Nationwide Mortgage Licensing System and Registry which is confidential under federal or other state law. Finally, creates a public record exemption for credit reports obtained by OFR for licensing purposes. Similar to SB 2652. H. insurance, Business & Financial Affairs Committee 🙁

  • H. Government Operations Appropriations Committee: Reported favorably. Now on H. Calendar.

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