Period Ending March 12

2010 Legislative Report

The following is a list of the bills, grouped by general category, we will be tracking throughout the 2010 Legislative Session. As usual, we have selected those bills with open government and first amendment implications we think will be of interest to our members. After the summary of each open government bill, you will find an easily recognizable indication of whether the bill is good or bad. Under this reporting system, 🙂 is Good and 🙁 is Bad

Those bills that are neither good nor bad will not be marked. If we’re not sure of a bill, it will be marked with ???

Bills of interest which do not necessarily affect the public’s right of access to records or meetings will be marked WATCH

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 March 12

SB 310 Exemption/Proprietary Confidential Business Information:

Creates a public record exemption for proprietary confidential business information, stipulating that the proprietor of such information verify in writing certain specified assertions regarding the proprietary nature of the information. Defines “proprietary confidential business information” as information that (1) is owned or controlled by the proprietor requesting confidentiality; (2) is intended to be and is treated as private; (3) is not readily ascertainable or publicly available from other sources; (4) the disclosure of which would harm the business interests of the proprietor; and (5) has not been intentionally disclosed. Sen. Paula Dockery (R-Lakeland)

  • S. Governmental Oversight & Accountability Committee: Two technical amendments are adopted; reported favorably as a committee substitute. Now in S. Rules.

HB 393 Exemption/Personal Information – Public Transit Provider:

Creates a public record exemption for personal identifying information provided to, acquired by, or in the possession of a public transit provider for the purpose of prepaying transit fares or acquiring a prepaid transit fare card. Also exempts information that indicates the location, whereabouts, or travel patterns if a person using a prepaid transit fare card. Similar to SB 688. Rep. Esteban Bovo (R-Hialeah)

  • H. Governmental Affairs Policy Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 393 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. Now in H. Economic Development & Community Affairs Policy Council.

CS/HB 479 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, as well as conducting protective investigations. Similar to SB 962. Rep. Betty Reed (D-Tampa)

  • H. Roads, Bridges & Ports Committee: Reported favorably. Now in H. Health & Family Services Policy Council.

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, photographs, 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 SB 312. Rep. Brad Drake (R-Defuniak Springs)

  • H. Governmental Affairs Policy Committee: A strike-all amendment is adopted deleting the exemption for the photographs of spouses and children is adopted; reported favorably as a committee substitute. Now in H. Public Safety & Domestic Security Policy Committee.

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 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. Governmental Affairs Policy Committee: An amendment expanding the exemption to also include municipalities is adopted; reported favorably as a committee substitute. Now in H. Economic Development & Community Affairs Policy Council.

SB 886 OGSR/Insurance Claim Data:

Reenacts without modification s. 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. S. Children, Families & Elder Affairs Committee

  • S. Governmental Oversight & Accountability Committee: A strike-all amendment extending the repeal date of the exemption to 2012 is adopted; reported favorably as a committee substitute. Now in S. Rules.

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. Health Regulation Committee: A minor technical amendment is adopted; reported favorably with one amendment. Now in S. Governmental Oversight & Accountability.

SB 1178 Cost/Benefit Analysis – Legislation:

Allows the Senate President or the House Speaker to request special impact sessions of the Revenue Estimating Conference to consider both the costs and benefits of proposed legislation. Stipulates that all information developed by the Conference will be subject to public disclosure. Similar to HB 93. Sen. Mike Haridopolos (R-Melbourne)

  • S. Ways & Means Committee: A strike-all amendment making various technical changes and stipulating that the information used to develop the analyses will be subject to public disclosure unless otherwise exempt is adopted; reported favorably as a committee substitute. Now in S. Rules.

SB 1598 Open Government Act:

Enacts many of the recommendations made by the Commission on Open Government Reform in its Final Report of January 2009. Specifically, SB 1598 combines the public records law and open meetings law into one Open Government Act; amends the current fee provision in the public records law; amends the Open Government Sunset Review Act; and amends the penalty provisions for violations of the right of access to the public records and open meetings. Similar to HB 1211. Sen. Paula Dockery

  • S. Community Affairs Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 1598 (1) combines the public records law and the open meetings law into one Open Government Act; (2) amends the fee provisions in the public records law; (3) prohibits an agency from charging for the redaction of exempt information after January 2013; (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. Now in S. Judiciary.

SB 2170 OGSR/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. S. Ethics & Elections Committee

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

NEW BILLS FILED

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

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

HB 7087 OGSR/Home Addresses – Guardians Ad Litem:

Reenacts and expands s. 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

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

HB 7091 OGSR/Insurance Claim Data:

Reenacts, with minor modification, s. 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

HB 7093 OGSR/Domestic Security Oversight Council:

Reenacts, without modification, s. 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

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