Period Ending April 9

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 9

CS/HB 393 Exemption/Personal Information – Public Transit Provider:

As amended, creates a public record exemption for personal identifying information held by a public transit provider for the purpose of prepaying fares or acquiring a prepaid fare card. Similar to SB 688. Rep. Esteban Bovo (R-Hialeah)

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

CS/HB 485 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 attended by their children. Similar to SB 312. Rep. Brad Drake (R-Defuniak Springs)

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

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 s. 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 s. 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)

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

SB 884 OGSR/Domestic Violence Fatality Review Team:

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. S. Children, Families & Elder Affairs Committee

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

SB 920 OGSR/State Child Abuse Death Review Committee:

Reenacts, without 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. S. Health Regulation Committee

  • S. Governmental Oversight & Accountability Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 920 defines the phrase “local committee” and provides 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. Also provides an exemption for those portions of committee meetings at which such exempt information is discussed, stipulating that such closed portions of meetings must be recorded. Finally, creates a public record exemption for the recordings of closed meetings. Now in S. Rules Committee.

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)

  • S. Health & Human Services Appropriations: Reported favorably. Now on S. Calendar.

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)

  • S. Governmental Oversight & Accountability Committee: One technical amendment is adopted; reported favorably as a committee substitute. Now in S. Health & Human Services Appropriations.

SB 1054 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 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 HB 551. Sen. Thad Altman (R-Melbourne)

  • S. Governmental Oversight & Accountability Committee: Reported favorably (6/1). Now in S. Rules Committee.

CS/HB 1059 Exemption/OFR – Examination Techniques & Procedures:

As amended, creates a public record exemption for information revealing examination techniques or procedures used the Office of Financial Regulation. “Examination techniques and procedures” is defined as the methods, processes, and guidelines used to evaluate regulatory compliance and to collect and analyzed data, records, and testimony for the purpose of documenting violations and promulgating rules. Similar to SB 2230. Rep. Carl Domino (R-Juno Beach)

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

SB 1282 Shell Bill/Public Records & Meetings:

Expresses legislative intent to revise laws relating to public records and meetings. Sen. Mike Fasano (R-New Port Richey)

  • S. Governmental Oversight & Accountability Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. 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. Now in S. Ways & Means Committee.

SB 1296 Shell Bill/Public Records & Meetings:

Expresses legislative intent to revise laws relating to public records and meetings. Sen. Jeremy Ring (D-Margate)

  • S. Governmental Oversight & Accountability Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 1296 creates a meetings exemption for those portions of the Medicaid and Public Assistance Fraud Strike Force at which active criminal investigative or intelligence information is heard or discussed. Requires the chair to (1) announce at a public meeting that such information will be discussed, and (2) declare the specific reasons for closing the meeting. Stipulates that the closed meeting must be recorded and creates a public record exemption for the recording and any minutes taken during the closed meeting until such time as at the criminal investigative or intelligence information is no longer active. Now in S. General Government Appropriations Committee.

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. Commerce Committee: A minor amendment is adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight & Accountability Committee.

SB 1576 Exemption/OFR – Credit Histories and Credit Scores:

Creates a public record exemption for credit history information and credit scores relating to the licensing of mortgage brokers and mortgage lenders held by the Office of Financial Regulation. Similar to HB 7017. Sen. Mike Fasano (R-New Port Richey)

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

CS/CS/SB 1598 Sunshine in Government Act:

Enacts many of the recommendations made by the Commission on Open Government Reform in its Final Report of January 2009. Specifically, as amended, CS/CS/SB 1598 (1) combines the public records law and the open meetings law into the Sunshine in Government Act; (2) deletes the extensive use provision in the public records law but allows an agency to charge reasonable personnel costs for requests requiring more than 30 minutes; (3) prohibits an agency from charging for the redaction of public records commingled with public records; (4) requires sunshine law education and training for all elected and appointed officials; (5) amends enforcement and penalty provisions in both laws; and (6) requires more regular periodic review of all new or expanded open government exemptions. Similar to HB 1211. Sen. Paula Dockery

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

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

SB 1660 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 transcribed. Also creates a public record exemption for photographs of dead human bodies or parts thereof which are held by the Department of Financial Services pursuant to an investigation or examination. S. Banking & Insurance Committee

  • S. Banking & Insurance Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 1660 amends § 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 recordings. Now in S. Governmental Oversight & Accountability 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. S. Banking & Insurance Committee

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

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

SB 1676 OGSR/Commission for Independent Education:

Reenacts, without modification, § 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. S. Higher Education Committee

  • S. Governmental Oversight & Accountability Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/CS 1676 makes minor changes to § 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, requiring that a recording be made of the closed portion of such meetings. Finally, creates a public record exemption for the recordings. Now in S. Rules Committee.

SB 1678 OGSR/Moffitt Cancer Center & Research Institute:

Reenacts, without modification, § 1104.43(8)(b)12., F.S., providing a public record exemption for certain, specified information of the H. Lee Moffitt Cancer Center. Similar to HB 7197. S. Higher Education Committee

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

CS/SB 2144 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 HB 7193. S. Education Pre-K – 12

  • 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.

CS/SB 2188 OGSR/Voter Registration Information:

Reenacts and expands § 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. As amended, also creates a public record exemption for the name, address, and telephone of a person who files a statement swearing that they have been the victim of stalking which are contained in voter registration and voting records held by the Department of State and supervisor of elections. S. Ethics & Elections Committee

  • S. Governmental Oversight & Accountability Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/CS/SB 2188 reenacts and expands § 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. Also creates a public record exemption for the name, address, and telephone of persons who are victim of stalking or aggravated stalking, stipulating that such information is protected “in the same manner as” that of participants in the Address Confidentiality Program for Victims of Domestic Violence if the stalking victim files a sworn statement of stalking with the Attorney General. Now in S. Rules Committee.

CS/SB 2230 Exemption/OFR – Examination Techniques & Procedures:

As amended, CS/SB 2230 creates a public record exemption for information revealing examination techniques or procedures used the Office of Financial Regulation. “Examination techniques and procedures” is defined as the methods, processes, and guidelines used to evaluate regulatory compliance and to collect and analyzed data, records, and testimony for the purpose of documenting violations and promulgating rules. Similar to HB 1059. Sen. Garrett Richter (R-Naples)

  • S. Governmental Oversight & Accountability Committee: Reported favorably; now in S. Rules 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. Criminal Justice Committee: Reported favorably. Now in S. Judiciary Committee.

HB 7165 OGSR/Domestic Violence Fatality Review Team:

Reenacts, with some 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. As amended, stipulates that closed portions of meetings be recorded and creates a public record exemption for such recordings. Similar to SB 884. H. Governmental Affairs Policy Committee

  • H. Economic Development & Community Affairs Policy Council: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 7165 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. Now on H. Calendar.

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

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

NEW BILLS FILED

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

HB 7197 OGSR/Moffitt Cancer Center & Research Institute:

Reenacts, modifies, and expands § 1104.43(8)(b)12., F.S., providing a public record exemption for certain, information received by the H. Lee Moffitt Cancer Center. As amended, § 1104.43(8)(b) creates a public record exemption for (1) the identity of donors or prospective donors to the Moffitt Cancer Center who wish to remain anonymous; and (2) patentable material received, generated, ascertained, or discovered during research conducted by or for the Cancer Center. Also narrows the meetings exemption for the governing board to allow closed meetings only when confidential or exempt information is discussed. Requires that all closed meetings be recorded and creates a public record exemption for the recordings. Similar to SB 1678. H. Governmental Affairs Policy 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

Leave a Reply

Member Login

Forgot Password?

Join Us

%d bloggers like this: