2009 Legislative Report For Period Ending March 20

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. Governmental Affairs Committee: Reported favorably. Now in H. Economic Development & Community Affairs Council.

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. Governmental Affairs Committee: Reported favorably. Now in H. Criminal & Civil Justice Policy Council.

HB 961 Exemption/Florida Insurance Guaranty Association:

Creates a public record exemption for the following records held by the Florida Insurance Guaranty Association: (1) claims files until termination of all litigation and settlement 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 SB 2158. Rep. John Wood (R-Haines City)

  • H. Insurance, Business & Financial Affairs Committee: Reported favorably. Now in H. Governmental Affairs Committee.

HB 971 Transparency in Government Spending:

Creates the “Track Your Taxes – the Florida Budget Openness Act” requiring the Department of Financial Services (DFS) to create a website that provides access to each expenditure made by a governmental entity, including: disbursement of funds; bond debt payments; salaries and wages; contractual services; commodities; capital outlay; expenditures on aid programs; and capital improvements. Stipulates that each expenditure list the name of the payee, as well as the date, amount, and purpose of the expenditure. Also requires that the website provide access to information on all revenue received by a government entity, including all: receipts or deposits; taxes; earnings, including amounts collected for merchandise sold, services performed, and licenses and permits issued; revenue for the use of money and property; gifts, donations, and federal grants; other revenue not classified elsewhere; and all non-revenue receipts. Stipulates that all revenues must list the name of the payor, and the date, amount, and purpose of the revenue. In addition, requires access to each governmental entities bonded indebtedness information. “Governmental entity” is broadly defined to include all three branches of state government including state agencies and local governments, the Legislature, the courts, school districts, community colleges, and state universities. Finally, requires the website to include data for the 2010-2011 fiscal year for state governmental entities, data for the 2011-2012 fiscal year or calendar years for all other governmental entities, and data for each fiscal or calendar year thereafter for all governmental entities. Similar to SB 1972. Rep. Dorothy Hukill (R-Port Orange) 🙂

  • H. Government Accountability Council: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 971 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. Now in H. Governmental Affairs Committee.

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. 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. Governmental Affairs Committee: An amendment to include counties that have established a local investigatory process to enforce more stringent standards of conduct and disclosure requirements is adopted; reported favorably as a committee substitute. Now in H. Military & Local Affairs Committee.

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. Agriculture & Natural Resources Affairs Committee: Reported favorably. Now in H. General Government Policy Council.

SB 1826 OGSR/Eminent Domain Records:

Reenacts, without modification, § 73.0155, F.S., providing a public record exemption for business information provided by a business owner to a governmental condemning authority for the purpose of making an offer of business damages. Similar to HB 7013. S. Community Affairs Committee

  • S. Governmental Oversight & Accountability Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 1826 reenacts, with minor modification, § 73.0155, F.S., providing a public record exemption for business information provided by a business owner to a governmental condemning authority for the purpose of making an offer of business damages. Now in S. Rules.

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. Governmental Oversight & Accountability Committee: One minor technical amendment is adopted; reported favorably as a committee substitute. Now in S. Community Affairs 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. Governmental Oversight & Accountability Committee: Reported favorably. Now in S. Health & Human Services Appropriations 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. Higher Education Committee: Reported favorably. Now in S. Governmental Oversight & Accountability Committee.

SB 1912 Exemption/School Testing Investigations:

Creates a public record exemption for investigations of testing improprieties and all information obtained pursuant to such investigations until the investigation is complete or no longer active. Similar to HB 895. Sen. Nancy Detert (R-Venice)

  • S. Education Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 1912 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. Now in S. Governmental Oversight & Accountability Council.

SB 2108 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 HB 1121. Sen. Ken Pruitt (R-Port St. Lucie) WATCH

  • S. Judiciary Committee: A strike-all amendment making significant changes to the bill is amended; reported favorably as a committee substitute. As amended, CS/SB 2108 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. Now in S. Finance & Tax Committee.

HB 7013 OGSR/Eminent Domain Records:

Reenacts, with minor modification, § 73.0155, F.S., providing a public record exemption for business information provided by a business owner to a governmental condemning authority for the purpose of making an offer of business damages. Similar to SB 1826. H. Governmental Affairs Committee

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

HB 7015 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 SB 1348. H. Governmental Affairs Committee

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

HB 7017 OGSR/Building Plans and Blueprints:

Reenacts, with minor modification, § 119.701(3)(c), F.S., a public record exemption building plans, blueprints, schematic drawings and diagrams which depict the internal layout or structural elements of certain attractions, reaction facilities, entertainment or resort complexes, industrial complexes, retail and service developments, office developments and hotel and motel developments. Stipulates that the exemption does not apply to comprehensive plans, site plans, or amendments submitted for approval or that have been approved under local land or zoning regulations. Similar to SB 754. H. Governmental Affairs Committee

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

HB 7021 OGSR/Children’s Services Council:

Reenacts, with minor technical modification, § 125.901(11), F.S., a public record exemption for personal identifying information held by a children’s services council concerning a child or the child’s parent or guardian. Similar to SB 748. H. Governmental Affairs Committee

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

NEW BILLS FILED

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

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  

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

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 🙁

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. Similar to SB 2032. H. Governmental Affairs Committee 🙁 HB 7043 (2032)

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

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