Period Ending April 16

During session, we will report any activity on these bills, as well as any new legislation that may be filed, on a weekly basis. Bills are listed in numerical order. When the text of the bill and its companion are identical, only the first bill listed is analyzed. We suggest you keep this pre-session report, as the weekly reports will not contain a complete description of all the bills.

Open Government Sunset Review (OGSR): Under the Open Government Sunset Review Act of 1995, all exemptions to the Sunshine Law and Public Records Law must be reviewed and reenacted by the Legislature five years after the date of enactment, or the exemption will automatically “sunset”. The 2010 Legislature will be reviewing all exemptions created in 2005. Those bills will be included in our legislative reports and are designated “OGSR”.

For Period Ending April 16

HB 59 Background Checks – Athletic Coaches:

Requires independent nongovernmental entities running youth athletic teams to conduct background screening of current and prospective athletic coaches under certain, specified conditions. Similar to SB 150. Rep. Joe Gibbons (D-Pembroke Park)

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

SB 142 Meetings – Water Management Districts:

Deletes the provision in § 373.079(4)(a), F.S., requiring governing boards of water management districts to delegate to the executive director the authority to take final action on water permitting applications. Similar to HB 659. Sen. Carey Baker (R-Eustis)

  • S. Governmental Oversight & Accountability Committee: A strike-all amendment and two minor amendments are adopted; reported favorably as a committee substitute. As amended, CS/SB 142 requires a water management governing board to delegate its authority to take final action on water permitting applications to the district’s executive director. Also requires the governing board to provide a process for referring denials of such applications to the governing board for the purpose of taking final action. Now in S. General Government Appropriations Committee.

SB 1142 Exemption/Invitations to Bid & Requests for Proposals:

Amends the public record exemption under § 119.071(1)(b), F.S., for sealed bids or proposals to specifically include invitations to bid or requests for proposals. As amended, CS/SB 1142 expands § 119.071(1)(b), F.S., to create a public record exemption for bids, proposals, and replies received by an agency in response to a competitive procurement solicitation until 20 days after opening such bids, proposals, and replies. Stipulates that if all are rejected and the agency provides notice of intent to reissue the solicitation, the rejected bids, proposals, and replies remain exempt until the agency provides notice of a decision, the reissued solicitation is withdrawn, or 12 months after the agency notice of rejection, whichever is earlier. Also expands § 286.0113(2), F.S., to create an exemption for meetings at which a vendor makes an oral presentation, or at which the vendor asks questions as part of a competitive procurement solicitation. Requires that closed meetings be recorded and creates a public record exemption for the recording and all documents or written material presented at the closed meeting, stipulating that such records are subject to disclosure once the bids, etc. are open. Similar to HB 745. Sen. Mike Fasano (R-New Port Richey)

  • S. Ways & Means Committee:

CS/SB 1340 Exemption/Donors – Public Performing Arts Centers:

Creates a public record exemption for information identifying donors or prospective donors to a publicly-owned performing arts center if the donor or prospective donor desires anonymity. Similar to HB 1313. Sen. Jeremy Ring (D-Margate)

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

SB 1658 OGSR/Trade Secrets – Hurricane Loss Projection Methodologies:

Reenacts, without modification, § 627.0628, F.S., providing exemptions for trade secrets used in designing and constructing a hurricane loss model and those portions of meetings at which such trade secrets are discussed. Similar to HB 7119. S. Banking & Insurance Committee

  • S. Governmental Oversight & Accountability Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 1658 amends § 627.0628, F.S., to require a recording of exempt meetings and to create a public record exemption for such recordings. Now in S. Rules Committee.

CS/SB 1660 OGSR/Funeral, Cemetery & Consumer Services Board:

Reenacts and amends § 497.172, F.S., providing exemptions for records and meetings of the Funeral, Cemetery and Consumer Services Board. As amended, CS/SB 1660 also requires that all closed meetings or portions thereof be recorded and creates a public record exemption for the recordings. Similar to HB 7117. S. Banking & Insurance Committee

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

SB 1662 OGSR/Florida Self-Insurers Guaranty Association:

Reenacts, without modification, § 440.3851, providing various public record exemptions held by the Florida Self-Insurers Guaranty Association and a meetings exemption for those meetings or portions thereof where exempt records are discussed, requiring that such meetings must be recorded and transcribed and stipulating that such transcripts are subject to disclosure upon settlement of all claims. Similar to HB 7089. S. Banking & Insurance Committee

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

SB 1664 OGSR/Hurricane Loss – Exposure Data:

Reenacts, with some modification, § 627.06292, F.S, providing a public record exemption for reports of hurricane loss data and associated exposure data that are specific to a particular insurance company. As amended, requires Florida International University, which develops, maintains, and updates the public model for hurricane loss projections to publish a report summarizing loss data and associated exposure data collected from residential property insurers. Similar to HB 7121. S. Banking & Insurance Committee ?

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

CS/SB 2070 Exemption/OFR – Consumer Collection Agencies:

As amended, CS/SB 2070 creates a public record exemption for investigative information held by the Office of Financial Regulation pursuant to investigations of consumer collection agencies until the investigation is complete or no longer active. Also creates an exemption for a consumer’s personal financial information. Sen. Garrett Richter (R-Naples)

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

CS/SB 2072 Exemption/OFR – Debt Relief Organizations:

As amended, CS/SB 2072 creates a public record exemption for investigative information held by the Office of Financial Regulation pursuant to investigations of debt relief organizations until the investigation is complete or no longer active. Also creates an exemption for a debtor’s personal financial information. Sen. Garrett Richter (R-Naples)

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

SB 2544 Civil Citations/Juvenile Non-Judicial Arrest Record:

In pertinent part, requires expunction of a minor’s non-judicial arrest record if the minor successfully completes a civil citation program. Similar to HB 1497. Sen. Arthenia Joyner (D-Tampa)

  • S. Judiciary Committee: Reported favorably. Now in S. Criminal & Civil Justice Appropriations Committee.

HB 7211 Exemption/Office of Regulatory Staff:

Creates various public record exemptions for proprietary business information received by the Office of Regulatory Staff from various entities, including telecommunications companies; public utilities; and natural gas transmission companies, if such entities claim that the information provided is proprietary. H. Energy & Utilities Policy Committee

  • H. General Government Policy Council: Reported favorably. Now on H. Calendar.

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