Period Ending April 23

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 23

CS/SB 312 Exemption/Home Addresses – Public Defenders:

Creates a public record exemption for the home addresses, telephone numbers, and photographs of current or former public defenders and criminal conflict and civil regional counsel. Also exempts the home addresses, telephone numbers, social security numbers, and places of employment for the spouses and children of the public defenders and counsel, and the names and locations of schools and day care facilities attend by their children. Similar to HB 485. Sen. Dennis Jones (R-Seminole) 🙁

  • Senate: Passed unanimously. Now in H. Messages.

CS/HB 551 Exemption/Complaints on Conduct:

Expands the exemption for complaints and records relating to the complaint or a preliminary investigation held by the Ethics Commission or by a county ethic commission under § 112.324(2)(a), F.S., to also include such records when held by a county or municipality that has established a local investigatory process to enforce more stringent standards of conduct and disclosure requirements. Also expands the exemption under § 112.324(2)(b), F.S., for meetings conducted pursuant to a complaint or preliminary investigation to include such counties. Similar to SB 1054. Rep. Eric Eisnaugle (R-Orlando)

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

SB 618 OGSR/Domestic Security Oversight Council:

Reenacts, without modification, § 943.0314, F.S., providing an exemption for those portions of meetings of the Domestic Security Oversight Council at which the council hears or discusses active criminal investigative or intelligence information, as well as all records related to such meetings. Stipulates that such records are subject to disclosure when such information ceases to be active. Similar to HB 7093. S. Military Affairs & Domestic Security Committee

  • Senate: Tabled; HB 7093 substituted. See HB 7093.

SB 882 OGSR/Address Confidentiality Program – Domestic Violence Victims:

Reenacts, without modification, § 741.465, F.S., providing a public record exemption for the names, addresses, and telephone numbers of domestic violence victims who participate in the Address Confidentiality Program in the Office of the Attorney General. Similar to HB 7123. S. Children, Families & Elder Affairs Committee

  • Senate: Tabled; HB 7123 substituted. See HB 7123.

CS/SB 886 OGSR/Insurance Claim Data:

Reenacts without modification § 409.25659, F.S., providing a public record exemption for information obtained by the Department of Revenue under the insurance claim data exchange system in which an insurer voluntarily provides the names and other identifying information of non-custodial parents who have a claim against the insurer and who owe past-due child support until such time as DOR determines whether a match exists, stipulating that if a match doesn’t exist, such information is to be destroyed pursuant to law. Similar to HB 7091. S. Children, Families & Elder Affairs Committee

  • Senate: Tabled; HB 7091 substituted. See HB 7091.

CS/SB 888 OGSR/Information Held by Guardians Ad Litem:

Reenacts and narrows § 39.0132(4), F.S., providing a public record exemption for certain, specified information held by the guardian ad litem. Similar to HB 7111. S. Children, Families & Elder Affairs Committee

  • Senate: Tabled; HB 7111 substituted. See HB 7111.

CS/SB 962 Driver License Records:

Allows the Department of Children & Family Services access to image and signature data held by the Department of Highway Safety & Motor Vehicle for use in determining eligibility for public assistance and fraud investigations. Specifies the number of DCFS employees who may access such data. Similar to HB 479. Sen. Ronda Storms (R-Brandon)

  • Senate: A minor amendment is adopted; passed unanimously as amended. Now in H. Messages.

CS/SB 972 Exemption/Dental Workforce Surveys:

Creates a public record exemption for all personal identifying information contained in records provided by dentists and dental hygienists in response to dental workforce surveys. Allows access under certain, specified conditions. Similar to HB 539. Sen. Garrett Richter (R-Naples)

  • Senate: Passed unanimously. Now in H. Messages.

CS/SB 1282 Exemption/Names – Spouses & Children:

As amended, CS/SB 1282 expands the public record exemption for all locating information of the spouses and children of law enforcement officers, firefighters, and other government employees to also exempt the names of such spouses and children. Sen. Mike Fasano (R-New Port Richey) 🙁

  • Senate: Passed by a vote of 37/1 (Dockery voting no). Now in H. Messages.

CS/HB 1291 Domestic Violence Fatality Review Teams:

In pertinent part, stipulates that information and records required by a team are not subject to discovery or introduction into evidence in criminal or administrative proceedings. Similar to SB 1446. Rep. Marti Coley (R-Mariana)

  • House: Passed unanimously.
  • Substituted for SB 1446 and passed unanimously. PASSED THE LEGISLATURE.

SB 1446 Domestic Violence Fatality Review Teams:

In pertinent part, stipulates that information and records required by a team are not subject to discovery or introduction into evidence in criminal or administrative proceedings. Similar to HB 1291. Sen. Nancy Detert (R-Venice)

  • Senate: Tabled; CS/HB 1291 substituted. See CS/HB 1291.

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

Reenacts, and modifies, § 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. As amended, requires a recording of exempt meetings and creates a public record exemption for such recordings. Similar to HB 7119. S. Banking & Insurance Committee 🙁

  • Senate: Tabled; HB 7119 substituted. See HB 7119.

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 🙁

  • Senate: Tabled; HB 7117 substituted. See HB 7117.

CS/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

  • Senate: Tabled; HB 7089 substituted. See HB 7089.

HB 7079 OGSR/Voter Registration Information:

Reenacts with minor modification § 95.0585, providing a public record exemption for (1) all declinations to register to vote’ (2) information relating to the place where a person registered to vote or where a person updated a voter registration; and (3) the social security number, driver’s license number and Florida identification number of a voter registration applicant or voter. Similar to SB 2188. H. Governmental Affairs Policy Committee 🙁

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

HB 7085 Commission on Ethics:

Reenacts with minor modification § 112.324, F.S., provides a public record exemption for complaints and records relating to such complaints or to any preliminary investigation held by the Commission on Ethics, or by a Commission on Ethics and Public Trust established by any county or municipality. Similar to HB 7085. H. Governmental Affairs Policy Committee

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

HB 7087 OGSR/Home Addresses – Guardians Ad Litem:

Reenacts and expands § 119.071(4)(d)1.h., F.S., providing a public record exemption for the home addresses, telephone numbers, places of employment, and photographs of current or former guardians ad litem, and the names, home addresses, telephone numbers, and places of employment of their spouses and children under certain, specified conditions. As amended, SB 1200 creates a public record exemption for the names and locations of schools and day care facilities attend by their children. Similar to SB 1200. H. Governmental Affairs Policy Committee

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

HB 7089 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 SB 1662. H. Governmental Affairs Policy Committee

  • House: Passed unanimously.
  • Senate: Substituted for CS/SB 1662 and passed unanimously. PASSED THE LEGISLATURE.

HB 7091 OGSR/Insurance Claim Data:

Reenacts, with minor modification, § 409.25659, F.S., providing a public record exemption for information obtained by the Department of Revenue under the insurance claim data exchange system in which an insurer voluntarily provides the names and other identifying information of non-custodial parents who have a claim against the insurer and who owe past-due child support until such time as DOR determines whether a match exists, stipulating that if a match doesn’t exist, such information is to be destroyed pursuant to law. As amended, requires review and reenactment of the exemption in 2012. Similar to SB 886. H. Governmental Affairs Policy Committee

  • House: Passed unanimously.
  • Senate: Substituted for CS/SB 886 and passed unanimously. PASSED THE LEGISLATURE.

HB 7093 OGSR/Domestic Security Oversight Council:

Reenacts, without modification, § 943.0314, F.S., providing an exemption for those portions of meetings of the Domestic Security Oversight Council at which the hears or discusses active criminal investigative or intelligence information, as well as all records related to such meetings. Stipulates that such records are subject to disclosure which such information ceases to be active. Similar to SB 618. H. Governmental Affairs Policy Committee

  • House: Passed unanimously.
  • Senate: Substituted for SB 618 and passed unanimously. PASSED THE LEGISLATURE.

HB 7111 OGSR/Information Held by Guardians Ad Litem:

Reenacts, with some modification, § 39.0132(4), F.S., providing a public record exemption for all information relating to the best interests of a child, “as determined by a guardian ad litem” and which is held by the guardian ad litem. As amended, provides a public record exemption for certain, specified information held by a guardian ad litem. Similar to SB 888. H. Governmental Affairs Policy Committee

  • House: Passed unanimously.
  • Senate: Substituted for CS/SB 888 and passed unanimously. PASSED THE LEGISLATURE.

HB 7113 OGSR/State Child Abuse Death Review Committee:

Reenacts, with some modification, § 383.412(1), providing a public record exemption for identifying information of family members or others living in the home of a deceased child who is the subject of review by the State Child Abuse Death Review Committee or local committee, and an exemption for those portions of committee meetings at which such exempt information is discussed. As amended, requires recordings of closed meetings and creates a public record exemption for the recordings. H. Governmental Affairs Policy Committee 🙁

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

HB 7115 OGSR/Identification of a Minor:

Reenacts, with minor modification, § 390.01116, F.S., providing a public record exemption for information that would identify a minor petitioning a circuit court for a judicial waiver under the Parental Notice of Abortion Act. Similar to SB 1198. H. Governmental Affairs Policy Committee

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

HB 7117 OGSR/Funeral, Cemetery & Consumer Services Board:

Reenacts and expands § 497.172, F.S., providing exemptions for records and meetings of the Funeral, Cemetery and Consumer Services Board. As amended, requires that all closed meetings or portions thereof be recorded and creates a public record exemption for the recording. Similar to SB 1660. H. Governmental Affairs Policy Committee 🙁

  • House: Passed unanimously.
  • Senate: Substituted for CS/SB 1660 and passed unanimously. PASSED THE LEGISLATURE.

HB 7119 OGSR/Trade Secrets – Hurricane Loss Projection Methodologies:

Reenacts and amends § 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. As amended, requires that a record be made of closed portions of meetings and creates a public record exemption for the recording. Similar to SB 1658. H. Governmental Affairs Policy Committee 🙁

  • House: Passed unanimously.
  • Senate: Substituted for CS/SB 1658 and passed by a vote of 37/1 (Sen. Garcia voting no). PASSED THE LEGISLATURE.

HB 7121 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. Stipulates that such report cannot contain information that identifies a specific insurer or policyholder. Similar to SB 1664. H. Governmental Affairs Policy Committee

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

HB 7123 OGSR/Address Confidentiality Program – Domestic Violence Victims:

Reenacts, without modification, § 741.465, F.S., providing a public record exemption for the names, addresses, and telephone numbers of domestic violence victims who participate in the Address Confidentiality Program in the Office of the Attorney General. Similar to SB 882. H. Governmental Affairs Policy Committee

  • House: Passed unanimously.
  • Senate: Substituted for SB 882 and passed unanimously. PASSED THE LEGISLATURE.

CS/HB 7165 OGSR/Domestic Violence Fatality Review Team:

Reenacts, reenacts without, modification § 741.3165, F.S., providing exemptions (1) for information in records created by a review team that would identify a victim of domestic violence or the identity of the victim’s children, and (2) those portions of meetings of any domestic violence fatality review team during which confidential or exempt information is discussed, including the identity of the victim or the victim’s children. Similar to SB 884. H. Governmental Affairs Policy Committee 🙁

  • House: Passed by a vote of 108/5. Now in S. Messages.

HB 7167 OGSR/Commission for Independent Education:

Reenacts and modifies § 1005.38, F.S., providing a public records exemption for investigatory records and the minutes and findings of exempt probable cause panel meetings held by the Commission for Independent Education, stipulating that such records are subject to public disclosure 10 days after a determination regarding probable cause is made. Also exempts portions of probable cause panel meetings at which such exempt records are discussed. As amended, requires that a recording be made of all closed meetings and stipulates that the recording of the meeting, as well as the minutes and findings, are subject to disclosure 10 days after a probable cause determination is made. Similar to SB 1676. H. Governmental Affairs Policy Committee

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

HB 7193 OGSR/Voluntary Prekindergarten Education Program:

Reenacts with minor modification § 1002.72, F.S, providing a public record exemption for the records of children enrolled in the Voluntary Prekindergarten Education Program. Such records specifically include “assessment data, health data, records of teacher observations, and personal identifying information of an enrolled child and his or her parent.” Similar to SB 2144. H. Governmental Affairs Policy Committee

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

NEW BILLS FILED

HB 7239 Exemption/Statements of Reference:

Creates a public record exemption for statements of reference for pharmacists seeking controlled substance dispensing registration held by the Board of Pharmacy unless such statements are used in an investigation resulting in a finding of probable cause. H. Health Care Appropriations Committee 🙁

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