Period Ending March 26

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 26

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. Environmental Preservation & Conservation Committee: Reported favorably. Now in S. Governmental Oversight & Accountability Committee.

HB 405 Exemption/Litigation Meetings:

Expands the exemption for meetings relating to certain aspects of pending litigation under § 286.011(8), F.S., to allow the government entity’s risk manager and division heads to attend the closed session, and prohibits disclosure of any part of the discussion that took place at the closed session by those in attendance until the conclusion of the litigation. Similar to SB 138. Rep. Martin Kiar (D-Parkland)

  • H. Governmental Affairs Policy Committee: A strike-all amendment making minor changes is adopted; reported favorably as a committee substitute. Now in H. Civil Justice & Courts Policy Committee.

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 attend by their children. Similar to SB 312. Rep. Brad Drake (R-Defuniak Springs)

  • H. Public Safety & Domestic Security Policy Committee: Reported favorably. Now in H. Economic Development & Community Affairs Policy Council.

HB 867 Exemption/DFS – Title Insurance Agents & Insurers:

Creates public record exemptions for (1) emergency orders until made permanent or, if not made permanent one year after the order expires; (2) records of insurance claim negotiations until termination of all litigation and settlement of all claims arising out of the same incident; (3) complaints and other information obtained pursuant to an investigation unless DFS files a formal administrative complaint, emergency order, or consent order against a licensee; (4) examination reports until filed; (5) investigation reports until the investigation is complete or no longer active; (6) work papers held by DFS until the related examination report is filed or until the investigation is complete or no longer active; (7) information received by another governmental entity or the National Association of Insurance Commissioners when such information is confidential or exempt in the hands of the provider of the information; (8) papers, documents, reports, and evidence relative to the subject of an investigation by DFS until the investigation is complete or no longer active; (9) orders, notices, correspondence, reports, records, and other information held by DFS relating to the supervision of any insurer; (10) any information, document, record, or statement furnished to DFS regarding the termination of an agent by an insurer; (11) DFS papers, documents, reports, and items of evidence relative to a hearing for revocation or suspension of a license until published at the hearing; and (12) financial information supplied by a licensee. Similar to SB 1838. Rep. Kevin Ambler (R-Tampa)

  • H. Insurance, Business & Financial Affairs Policy Committee: One technical amendment is adopted; reported favorably as a committee substitute. Now in H. Governmental Affairs Policy Committee.

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. S. Children, Families & Elder Affairs Committee

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

SB 888 OGSR/Information Held by Guardians Ad Litem:

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

  • S. Governmental Oversight & Accountability Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 888 reenacts and narrows § 39.0132(4), F.S., providing a public record exemption for certain, specified information held by a guardian ad litem. 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. Insurance, Business & Financial Affairs Policy Committee: Reported favorably. Now in H Economic Development & Community Affairs Policy Council.

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 issued by the Department of Transportation. Also creates a meetings exemption for meetings at which vendors are asked to make oral presentations or to answer questions regarding sealed bids, proposals, or replies in response to a competitive solicitation. Similar to HB 745. Sen. Mike Fasano (R-New Port Richey)

  • S. Governmental Oversight & Accountability Committee: A strike-all amendment is adopted. 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. Now in S. Ways & Means Committee.

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)

  • H. Health Care Services Policy Committee: Reported favorably. Now in H. Criminal & Civil Justice Policy Council.

HB 1433 Exemption/Petitions – Adult Incapacity:

Creates a public record exemption for petitions to determine adult incapacity filed with the clerk of court. Similar to SB 2628. Rep. Elaine Schwartz (D-Hollywood)

  • H. Civil Justice & Courts Policy Committee: Reported favorably. Now in H. Governmental Affairs Policy Committee.
  • H. Governmental Affairs Policy Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 1433 allows certain, specified persons including judges, the incapacitated person, next of kin, attorneys of record, and a guardian, access to the exempt petition. Now in H. Criminal & Civil Justice Policy Council.

HB 1435 Exemption/Reports – Adult Incapacity:

Creates a public record exemption for committee reports relating to adult incapacity filed with the clerk of court. Similar to SB 2624. Rep. Elaine Schwartz (D-Hollywood)

  • H. Civil Justice & Courts Policy Committee: Reported favorably. Now in H. Governmental Affairs Policy Committee.
  • H. Governmental Affairs Policy Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 1435 allows certain, specified persons including judges, the incapacitated person, next of kin, attorneys of record, and a guardian, access to the exempt petition. Now in H. Criminal & Civil Justice Policy Council.

HB 1497 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 SB 2544. Rep. Janet Cruz (D-Tampa)

  • H. Civil Justice & Courts Policy Committee: Reported favorably. Now in H. Criminal & Civil Justice Policy Council.

HB 1511 Public Notices:

In pertinent part, authorizes various governmental entities to publish or advertise legally required public notices and advertisements on publicly accessible websites. Similar to SB 376. Rep. Ritch Workman (R-Melbourne)

  • H. Governmental Affairs Policy Committee: Reported favorably by a vote of 8/6. Now in H. Military & Local Affairs Policy Committee.

CS/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, 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. Similar to HB 1211. Sen. Paula Dockery

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

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. 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 2230 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 HB 1059. 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 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. Now in S. Governmental Oversight & Accountability Committee.

SB 2408 Shell Bill/Government Financial Information:

Expresses legislative intent to revise laws relating to government financial information. Sen. J.D. Alexander (R-Winter Haven)

  • S. Policy & Steering Committee on Ways & Means: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 2408 in pertinent part requires the Auditor General to report to the Senate President, the House Speaker, and the Legislative Auditing Committee a list of all school districts that have failed to comply with the transparency requirements identified in audit reports required by §11.45(7)(b), F.S. Now in S. Governmental Oversight & Accountability Committee.

NEW BILLS FILED

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

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

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