2009 Legislative Report For Period Ending March 27

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. Community Affairs Committee: A minor, technical amendment is adopted; reported favorably with one amendment. Now in S. Education PreK – 12 committee.

SB 126 Records/Children and Vulnerable Adults:

Amends § 39.202, F.S., to stipulate that records of the Department of Children and Families that relate to the abuse, neglect, or abandonment of a child are subject to public disclosure and that personal identifying information in such records is confidential and exempt. Defines “personal identifying information” as information that would identify the child or the child’s siblings, the child’s caregiver unless the caregiver is arrested as a result of the report, and the person who reported the alleged abuse, abandonment, or neglect. 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. Allows access to a child’s case file by foster parents, preadoptive parents, adoptive parents, and adoption entities under certain, specified conditions. Finally, amends § 415.107, F.S., to stipulate that DCF records relating to the abuse, neglect, or exploitation of a vulnerable adult are subject to public disclosure and that personal identifying information in such records is confidential and exempt. Defines “personal identifying information” as information that would identify the adult victim, the adult’s guardian or legal counsel unless guardian or legal counsel is arrested as a result of the report, and the person who reported the alleged abuse, neglect, or exploitation. Sen. Paula Dockery (R-Lakeland) 🙂

  • S. Children, Families, & Elder Affairs Committee: A strike-all amendment deleting those provisions allowing access to DCF investigative records is adopted; reported favorably as a committee substitute. As amended, CS/SB 126 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. Now in S. Judiciary Committee.

HB 409 Exemption/Identifying Information – Educators:

Creates a public record exemption for personal identifying information and personal health information of employees of public educational institutions, including current or former teachers, administrators, educational support personnel, and school board members. Defines “personal identifying information” as the name, age, home address, telephone number, social security number, photograph, and place of employment of the spouse or child of an employee, and the name and location of a school or day care facility attended by the child of an employee. Similar to SB 1260. Rep. Mia Jones (D-Jacksonville) 🙁

  • H. Governmental Affairs Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 409 creates a public record exemption for the home address, social security number, employment status, and telephone number of a current or former teacher, school administrator, or school board member, and the name, age, home address, telephone number, social security number photograph, and place of employment of the spouse or child of such persons, and the name and location of a school or day care facility attended by their children. Also creates an exemption for all information relating to the personal health of such persons, and the existence or content of their individual coverage or status of coverage under an employee group health insurance policy. Now in H. PreK -12 Policy Committee.

SB 748 OGSR/Children’s Services Council:

Reenacts, without 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. S. Committee on Children, Families & Elder Affairs

  • S. Governmental Oversight & Accountability Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 748 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. Now in S. Rules Committee.

SB 750 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. S. Committee on Children, Families & Elder Affairs

  • S. Governmental Oversight & Accountability Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 750 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. Now in s. Rules Committee.

HB 895 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 SB 895. Rep. Ken Roberson (R-Port Charlotte)

  • H. PreK-12 Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 895 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. Now in H. Governmental Affairs Committee.

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. Health Care Regulation Committee: Reported favorably. Now in H. Governmental Affairs Committee.

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. Governmental Affairs Committee: Two amendments, one technical, are adopted; reported favorably as amended. As amended, CS/HB 961 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 is adopted; (2) medical records and other medical information that are part of a claims file; and (3) records pertaining to privileged attorney-client communications. Now in H. General Government Policy Council.

SB 1368 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 view such annual financial reports. Similar to HB 931. Sen. Charlie Dean (R-Ocala) 🙂

  • S. Community Affairs Committee: A strike-all amendment is adopted; reported favorably with one amendment. As amended, SB 1368 (1) amends various statutory provisions relating to the budgeting procedure for various local government entities; (2) establishes a state-wide budget system, including minimum requirements for items that must be included in the budget; (3) requires adoption of tentative budgets at public meetings; and (4) requires that tentative budgets, budgets, and budget amendments be posted on the entity’s official website. Now in S. Governmental Oversight & Accountability Committee.

HB 1439 Records/Children and Vulnerable Adults:

Amends § 39.202, F.S., to stipulate that personal identifying information in records of the Department of Children and Families (DCF) that relate to the abuse, neglect or abandonment of a child is exempt from public disclosure. 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. Allows access to a child’s case file by foster parents, preadoptive parents, adoptive parents, and adoption entities under certain, specified conditions. Finally, amends § 415.107, F.S., to stipulate that personal identifying information in DCF records relating to the abuse, neglect, or exploitation of a vulnerable adult is exempt from public disclosure. Similar to SB 126. Rep. Peter Nehr (R-Tarpon Springs) 🙂

  • H. Health Care Services Committee: A strike-all amendment deleting those provisions allowing access to DCF investigative records is adopted; reported favorably as a committee substitute. As amended, CS/HB 1439 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.

SB 1796 Shell/Governmental Operations: Expresses legislative intent to revise laws relating to governmental operations. Sen. J.D. Alexander (R-Winter Haven) 🙁

  • S. Ways & Means Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 1796 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.

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. S. Commerce Committee 🙁

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

SB 2158 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 HB 961. Sen. Mike Haridopolos (R-Melbourne)

  • S. Banking & Insurance Committee: An amendment stipulating that claims files will be exempt until termination of all litigation, settlement, and final closing of all claims arising out of the same incident is adopted; reported favorably with one amendment. Now in S. Governmental Oversight & Accountability 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. Military Affairs & Domestic Security Committee: One technical amendment is adopted; reported favorably with one amendment. Now in S. Transportation Committee.

SB 2324 Exemption/Military Base Closures:

Creates a public record exemption for those portions of record held by the Legislative Oversight Council 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. Sen. Don Gaetz (R-Ft. Walton Beach) 🙁

  • S. Military Affairs & Domestic Security Committee: A strike-all amendment shifting the exemption for records and meetings of the Legislative Oversight Council to the Florida Council on Military Base and Mission Support is adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight & Accountability Committee.

SB 2374 Shell Bill/Education Records:

Expresses legislative intent to revise laws relating to a public record exemption for educational records. Sen. Nancy Detert (R-Venice) 🙁

  • S. Education PreK – 12 Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 2374 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. Now in S. Governmental Oversight & Accountability Committee.

NEW BILLS FILED

HB 7093 Exemption/Telecommunications & Broadband Companies:

Creates a public record exemption for proprietary confidential business information obtained from a telecommunications or broadband company by the Department of Management Services (DMS). Defines “proprietary business information” as proprietary or “otherwise confidential information” including plans, billing and payment records, trade secrets, or other information that is intended to be and is treated by the company as confidential and is not otherwise publicly available to the same extent and in the same format as requested by DMS. Stipulates that aggregate information related to maps and location of facilities and broadband services and the speed of such services is not “proprietary confidential business information.” H. Economic Development Community Affairs Policy Council 🙁

Leave a Reply

Member Login

Forgot Password?

Join Us

%d bloggers like this: