2009 Legislative Report For Period Ending April 24

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. Governmental Oversight & Accountability Committee: Reported favorably. Now in S. Health & Human Services Appropriations Committee.

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)

  • House: Passed unanimously. Now inS. Messsages.

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

CS/HB 895 Exemption/School Testing Investigations:

Creates a public record exemption for the identity of an educational institution, personally identifiable of all personnel, and specific allegations of misconduct obtained or reported pursuant to investigations of testing impropriety conducted by the Department of Education until such time as the investigation is concluded or no longer active. Similar to SB 1912. Rep. Ken Roberson (R-Port Charlotte)

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

HB 937 Exemption/Controlled Substances:

Creates a public record exemption for identifying information of patients, health care providers, and pharmacists in records relating to the monitoring of controlled substance prescriptions held by any agency. Identifying information includes the name, address, telephone number, insurance plan number, social security or government-issued identification number, provider number, Drug Enforcement Administration number, or any other unique identifier. Similar to SB 440. Rep. Marcelo Llorente (R-Miami) 🙁

  • H. General Government & Health Care Appropriations Council: A strike-all amendment making technical changes is adopted; reported favorably as a committee substitute. Now on H. Calendar.

CS/HB 1229 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 500 feet of all sampling points at which contamination is discovered. Similar to SB 114. Rep. Rick Kriseman (D-St. Petersburg) WATCH

  • H. General Government & Health Care Appropriations Council: A strike-all amendment making technical and conforming changes is adopted; reported favorably as a committee substitute. Now on H. Calendar.

SB 1824 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 to the exempt information by court order upon a showing of good cause. Similar to HB 7019. S. Community Affairs Committee

  • S. Governmental Oversight & Accountability Committee: A strike-all amendment making technical and conforming changes and deleting the provision allowing access to the exempt information by court order upon a showing of good cause is adopted; reported favorably as a committee substitute. Now in S. Rules Committee.

SB 1838 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 HB 7051. S. Governmental Oversight & Accountability Committee

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

CS/SB 1912 Exemption/School Testing Investigations:

Creates a public record exemption for the identity of a school or postsecondary institution, personal identifying information of school or institution personnel, and specific allegations of misconduct obtained or reported to the Department of Education pursuant to an investigation of testing impropriety. Stipulates that such information is subject to public disclosure at the conclusion of the investigation or when the investigation is no longer active. Similar to HB 895. Sen. Nancy Detert (R-Venice)

  • S. Governmental Oversight & Accountability Committee: Reported favorably. Now on S. Calendar.

SB 2032 OGSR/Scripps Research Institute:

Reenacts without 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, creates 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; (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. Similar to HB 7043. S. Commerce Committee 🙁

  • S. Governmental Oversight & Accountability Committee: A strike-all amendment making technical and conforming changes and requiring review of the exemption in 2014 is adopted; reported favorably as a committee substitute. Now in S. Rules Committee.

CS/SB 2188 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 HB 7047. Sen. Arthenia Joyner (D-Tampa)

  • Senate: Various technical and conforming amendments adopted; passed as amended. Now in H. Messages.

HB 7119 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 SB 2374. H. Education Policy Council

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

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

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

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