2009 Legislative Report For Period Ending April 3

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.” Sen. Jeremy Ring (D-Margate) WATCH

  • S. Governmental Oversight & Accountability Committee: A series of amendments clarifying who may consent to sharing of private medical information and creating a health loan program with funding from federal stimulus funds and private donations, is adopted.  Reported favorably as a committee substitute.  Now in S. Health & Human Services Appropriations Committee.

CS/SB 440 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 HB 937. Sen. Mike Fasano (R-New Port Richey) 🙁

  • S. Governmental Oversight & Accountability Committee: A strike-all amendment expanding the exemption to also include employees of practitioners who are acting at the direction of a practitioner is adopted; reported favorably as a committee substitute.  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)

  • H. Criminal & Civil Justice Policy Council: Reported favorably.  Now on H. Calendar.

HB 931 Local Government/Financial Reports:

Amends § 218.32, F.S., requiring local governments to submit annual financial reports to the Department of Financial Services (DFS).  In pertinent part, the bill requires local governments to provide a link to the DFS website to require local governments to provide a link on their websites to the Department of Financial Services website to view such annual financial reports.  Similar to SB 1368. Rep. Ron Schultz (R-Homosassa) 🙂

  • H. Military & Local Affairs Committee: A strike-all amendment making technical clarifying changes is adopted; reported favorably as a committee substitute.  Now in H. Economic Development & Community Affairs Policy Council.

HB 1229 Notice/Contaminated Property:

Requires the Department of Environmental Protection to provide notice to all property owners living within one mile of contaminated property.  Similar to SB 114. Rep. Rick Kriseman (D-St. Petersburg) WATCH

  • H. General Government Policy Council: A strike-all amendment is adopted; reported favorably as a committee substitute.  As amended, CS/HB 1229 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.  Now in H. Natural Resources Appropriations Committee.

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. Judiciary Committee: One technical amendment is adopted; reported favorably with one amendment.  Now in S. Governmental Oversight & Accountability Committee.

SB 2652 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. Sen. Mike Fasano (R-New Port Richey) 🙁

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

HB 7023 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 SB 1896. H. Governmental Affairs Committee

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

HB 7025 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 SB 1834. H. Governmental Affairs Committee

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

HB 7027 OGSR/Motor Vehicle Records:

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. Similar to SB 1290. H. Governmental Affairs Committee

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

HB 7035 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 SB 1268. H. Governmental Affairs Committee

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

HB 7037 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 exemption 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. Similar to SB 1342. H. Governmental Affairs Committee

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

HB 7039 OGSR/Insurance Claim Data Exchange Information:

Reenacts § 409.25661, F.S., without modification, a public record exemption for information obtained by the Department of Revenue in connection with a program that allows DOR to match insurance claims of non-custodial parents who owe past-due child support.  Stipulates that the information is confidential and exempt until such time as it is determined whether a match exists.  If there is a match, the information is subject to public disclosure; if no match exists, the information is destroyed.  Requires review and reenactment of the exemption in 2010. Similar to SB 750. H. Governmental Affairs Committee

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

HB 7041 OGSR/Human & Machine Cognition Institute:

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. Similar to SB 1902. H. Governmental Affairs Committee 🙁

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

NEW BILLS FILED

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

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

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