Period Ending March 19

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 19

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. Health & Family Services Policy Council: Reported favorably. Now on H. Calendar.

HB 541 Expunction/Criminal History Records:

Allows for expunction of criminal history records if the person charged was not found guilty or did not plead guilty nolo contendere under specified conditions. Similar to 1214. Rep. Perry Thurston, Jr. (D-Ft. Lauderdale)

  • H. Public Safety & Domestic Security Policy Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 541 allows expunction of a criminal record after a prior criminal record has been sealed or expunged under certain, specified conditions. Now in H. Governmental Affairs Policy Committee.

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

  • S. Ethics & Elections Committee: An amendment expanding the exemption to also include municipalities is adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight & Accountability Committee.

HB 1059 Exemption/OFR – Examination Techniques & Procedures:

Creates a public record exemption for examination techniques and procedures used by the Office of Financial Regulation, which includes the methods, processes, and guidelines used to evaluate regulatory compliance. Similar to SB 2230. Rep. Carl Domino (R-Juno Beach)

  • H. Governmental Affairs Policy Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 1059 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. Now in H. Insurance, Business & Financial Affairs Policy Committee.

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)

  • H. Public Safety & Domestic Security Policy Committee: A minor amendment is adopted; reported favorably as a committee substitute. Now in H. Health Care Services Policy 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. Community Affairs Committee: Reported favorably. Now in S. Commerce 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. Banking & Insurance Committee: Reported favorably. Now in S. Governmental Oversight & Accountability Committee.

SB 2070 Shell Bill/Public Record Exemptions:

Expresses legislative intent to revise laws relating to public record exemptions. Sen. Garrett Richter (R-Naples)

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

SB 2072 Shell Bill/Public Record Exemptions:

Expresses legislative intent to revise laws relating to public record exemptions. Sen. Garrett Richter (R-Naples)

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

SB 2144 OGSR/Voluntary Prekindergarten Education Program:

Reenacts with minor modification § 1002.72, F.S, providing a public record exemption for the individual 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.” S. Education Pre-K – 12

  • S. Education Pre-K – 12 Committee: A minor amendment is adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight & Accountability Committee.

SB 2188 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. S. Ethics & Elections Committee

  • S. Ethics & Elections Committee: An amendment creating 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. Reported favorably as a committee substitute. Now in S. Governmental Oversight & Accountability Committee.

NEW BILLS FILED

HB 7111 OGSR/Information Held by Guardians Ad Litem:

Reenacts, with some modification, s. 39.0132(4), F.S., providing a public record exemption for an 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 the certain, specified information held by a guardian ad litem. Similar to SB 888. H. Governmental Affairs Policy Committee

HB 7113 OGSR/State Child Abuse Death Review Committee:

Reenacts, with some modification, s. 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

HB 7115 OGSR/Identification of a Minor:

Reenacts, with minor modification, s. 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

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

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

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

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

Reenacts, without modification, s. 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

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