Period Ending March 5

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 5

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. Commerce Committee: Reported favorably. Now in S. Governmental Oversight and Accountability.

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, 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 HB 485. Sen. Dennis Jones (R-Seminole) ????

  • S. Governmental Oversight & Accountability Committee: A strike-all amendment deleting the exemption for the photographs of spouses and children is adopted; reported favorably as a committee substitute. Now in S. Rules.

SB 618 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 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. S. Military Affairs & Domestic Security Committee

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

SB 656 Exemption/Home Addresses – Long-Term Care Ombudsmen:

Creates a public record exemption for the home addresses, telephone numbers, places of employment, and photographs of certified ombudsmen and employees of the Office of State Long-Term Care Ombudsman. Also exempts the home addresses, telephone numbers, and places of employment for the spouses and children of such ombudsmen and employees, and the names and locations of schools and day care facilities attend by their children. Similar to HB 529. Sen. Mike Fasano (R-New Port Richey)

  • S. Children, Families, & Elder Affairs Committee: A minor amendment is adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight & Accountability.

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. Children, Families, & Elder Affairs Committee: Reported favorably. Now in S. Health & Human Services Appropriations.

SB 1142 Exemption/Invitations to Bid & Requests for Proposals:

Amends the public record exemption under s. 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. Transportation Committee: Reported favorably on a 5/2 vote; 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. Finance and Tax Committee: Reported favorably. Now in S. Policy & Steering Committee on Ways & Means.

SB 1198 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. S. Judiciary

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

SB 1200 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. S. Judiciary Committee

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

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. Higher Education Committee: Reported favorably. Now in S. Governmental Oversight & Accountability.

SB 1678 OGSR/Moffitt Cancer Center & Research Institute:

Reenacts, without modification, § 1104.43(8)(b)12., F.S., providing a public record exemption for information received by the H. Lee Moffitt Cancer Center that is otherwise confidential or exempt “pursuant to the laws of this or another state or nation or pursuant to federal law.” S. Higher Education Committee

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

HB 7017 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 SB 1576. H. Insurance, Business & Financial Affairs Policy Council

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

NEW BILLS FILED

HB 1313 Exemption/Donors – Performing Arts Centers:

Creates a public record exemption for information that reveals the name, address, or telephone number of a donor or prospective donor of funds or property to a publicly-owned performing arts center if the donor or prospective door desires to remain anonymous. Similar to SB 1340. Rep. Perry Thurston (D-Ft. Lauderdale)

SB 1340 Exemption/Donors – Performing Arts Centers:

Similar to HB 1313. Sen. Jeremy Ring (D-Margate)

HB 1423 Exemption/Ethics Commission:

Expands the exemption in § 112.324(2)(a), for records and meetings of the ethics commission or a county or city Commission on Ethics and Public Trust relating to complaints and preliminary investigations to also include records and meetings relating to a commission’s determination regarding the information in the complaint or referral until such time as the commission determines it will not investigate the complaint or referral. Similar to SB 2494. Rep. Bill Heller (D-St. Petersburg)

HB 1381 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)

  • Withdrawn from further consideration.

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) ????

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) ????

HB 1497 Civil Citatations/Juvenile Non-Judicial Arrest Record:

In pertinent part, requires expungement 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)

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)

HB 1617 DOH Legislative Budget Requests:

Requires the Department of Health to establish an interactive online budget that is available to the public prior to submitting a budget request for 2010, stipulating that the budget must be updated each year and must trace the flow of all funds appropriated to DOH in the past 20 years with sufficient detail to determine the use of each dollar appropriated. Rep. Nick Thompson (R-Fort Myers)

SB 2494 Exemption/Ethics Commission:

Similar to HB 1423. Sen. Mike Fasano (R-New Port Richey)

SB 2544 Civil Citatations/Juvenile Non-Judicial Arrest Record:

Similar to HB 1497. Sen. Arthenia Joyner (D-Tampa)

SB 2628 Exemption/Petitions – Adult Incapacity:

Similar to HB 1433. Sen. Dave Aronberg (D-Greenacres) ????

SJR 2704 Right to Vote by Secret Ballot:

Proposes an amendment to the state constitution stipulating that an individual has the right to vote by secret ballot where local, state, or federal law requires (1) elections by the people for public office; (2) public votes by the people on initiatives or referenda; (3) designation or authorizations of employee representation. Sen. Garrett Richter (R-Naples)

SB 2732 Exemption/Background Checks – Florida Vocational College:

Creates a public record exemption for criminal records, private investigator findings, and information from reference checks obtained by the Florida Vocational College for determining the moral character of college employees. Sen. Charlie Dean (R-Inverness)

SB 2740 Exemption/Instructional Assessments:

Expands the public record exemption in § 1008.23, F.S., for assessment instruments to also exempt tests required for high school graduation and end-of-course assessments developed or acquired by school districts. Sen. John Thrasher (R-Jacksonville)

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