Week Ending April 1, 2011

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 2011 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 1, 2011

HB 121 Exemption/Donors – Performing Arts Centers:

Creates a public record exemption for information identifying donors or prospective donors to a publicly-owned performing arts center who desire anonymity. Also creates an exemption for identifying information of donors or prospective donors to the direct support organization of the Research Center and Museum at the Historic Capitol if anonymity is requested. Similar to SB 106. Rep. Perry Thurston (D-Ft. Lauderdale)

  • H. Government Operations Subcommittee: Two minor amendments adopted; reported favorably as a committee substitute. Now in H. Rules and Calendar Committee.

HB 411 Exemption/Photographs Depicting Killing of a Person:

Creates a public record exemption for photographs, videos, or audio recordings depicting or recording the “killing of a person,” defined as “all acts or events that cause or otherwise relate to the death of any human being, including any related acts or events immediately preceding or subsequent to the acts or events that were the proximate cause of death.” Allows access by court order and a showing of good cause. Similar to SB 416. Rep. Rachel Burgin (R-Tampa) 🙁

  • H. Government Operations Subcommittee: Reported favorably. Now in H. Criminal Justice Subcommittee. 🙁

SB 416 Exemption/Photographs Depicting Killing of a Person:

Creates a public record exemption for photographs, videos, or audio recordings depicting or recording the “killing of a person,” defined as “all acts or events that cause or otherwise relate to the death of any human being, including any related acts or events immediately preceding or subsequent to the acts or events that were the proximate cause of death.” Allows access by specified family members or by court order and a showing of good cause. Similar to HB 411. Sen. Ellyn Bogdanoff (R-Ft. Lauderdale) 🙁

  • S. Criminal Justice Committee: An amendment clarifying that a family member may designate another person to view, copy, or publish the record is adopted; reported favorably as a committee substitute. Now in S. Judiciary Committee. 🙁

SB 458 Administrative Expunction of Arrest Records:

Amends § 943.0581(3), F.S., providing for the administration expunction of arrest records to stipulate that applications for expunction must be supported by documentation from the Florida Department of Law Enforcement stating that the arrest was contrary to law or by mistake. Similar to HB 193. Sen. Tony Hill (D-Jacksonville)

  • S. Criminal Justice Committee: Reported favorably. Now in S. Judiciary Committee.

CS/HB 619 Sale or Lease of Public Hospitals:

Stipulates that the sale or lease of a public hospital is subject to approval by a circuit court. Requires the hospital board to publish notice of the proposed transaction 120 days prior to the anticipated closing date in one or more newspapers of general circulation in the county where most of the hospital’s assets are located; such notice must include the names of the parties involved, the means by which persons may submit written comments regarding the proposed transaction, and the means by which copies of the board’s findings may be obtained. Also requires the board to make available a statement of findings and certain documents at the same time as the public notice, stipulating that the findings must include: the name and address of all parties to the transaction; the location of the hospital; a description of the terms of all proposed agreements; a copy of the proposed sale or lease agreement; the estimated total value of the transaction and the acquisition price; valuations of the hospital’s assets; financial or economic analyses; a fairness evaluation by an independent expert; and copies of all other proposals and bids received by the board. Anyone who opposes the transaction must submit a detailed written notice to the board within 20 days of publication of the notice. Requires the governing board to file a petition for approval in a circuit court at least 30 days after publication of the notice; the circuit court must then issue an order requiring all interested parties to appear and show why the board’s petition should not be granted. Requires the clerk of court to publish notice of such hearings in one or more newspapers of general circulation at least once a week for two consecutive weeks, at least 20 days before the hearing date. Provides specific findings that must be made by the court in approving the proposed transaction. Similar to SB 1448. Rep. Ed Hooper (R-Clearwater) 🙂

  • H. Community & Military Affairs Subcommittee: Amended to clarify that public hospitals that have not received tax support are exempt from the approval requirements and reported favorably as a committee substitute. Now in H. Justice Appropriations Subcommittee. 🙂

CS/HB 667 Exemption/Inspector General Reports:

Amends § 119.0713(2), F.S., to provide an exemption for investigative and audit reports of local government inspectors general, stipulating that such reports are subject to disclosure once the audit or investigation becomes final. Also creates an exemption for information received, produced, or derived as the result of an investigation conducted by a local government inspector general. Similar to SB 828. Rep. Jeff Clemens (R-Lake Worth)

  • H. Community & Military Affairs Subcommittee: Now in H. State Affairs Committee.

HB 965 Florida Tax Credit Scholarship Program:

Amends the public record exemption in § 213.053, F.S., for information identifying contributors to the Florida Tax Credit Scholarship Program to allow access to the names and addresses of the 100 taxpayers with the greatest tax liabilities by eligible nonprofit scholarship-funding organizations. Also deletes limitation that such tax credits can’t exceed 75% taxes owed. Similar to SB 1388. Rep. Mike Horner (R-Kissimmee) 🙁

  • H. Finance and Tax Committee: Two technical amendments adopted; reported favorably as a committee substitute. Now in H State Affairs Committee. 🙁

HB 1027 Exemption/Spouse Names:

Creates a public record exemption for the names of spouses and children of active or former law enforcement officers, correctional personnel, fire fighters, and specified employees of the Departments of Children and Families, Health, and Revenue. Similar to SB 766. Rep. Greg Steube (R-Sarasota) 🙁

  • H. Government Operations Subcommittee: Reported favorably. Now in H. State Affairs Committee. 🙁

SB 1388 Florida Tax Credit Scholarship Program:

Amends the public record exemption in § 213.053, F.S., for information identifying contributors to the Florida Tax Credit Scholarship Program to allow access to the names and addresses of the 100 taxpayers with the greatest tax liabilities by eligible nonprofit scholarship-funding organizations. Also deletes limitation that such tax credits can’t exceed 75% taxes owed. Similar to HB 965. Sen. Anitere Flores (R-Miami) 🙁

  • S. Education Pre-K – 12 Committee: Two technical amendments adopted; reported favorably as a committee substitute. Now in S. Budget Committee. 🙁

HB 1473 Exemption/Florida Health Choices Program:

Creates a public record exemption for personal identifying information of registrants, applicants, participants, and enrollees in the Florida Health Choices programs. Similar to SB 1456. Rep. Richard Corcoran (R-New Port Richey)

  • H. Government Operations Subcommittee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 1473 creates a public record exemption for (1) personal identifying information of enrollees or participants in the Florida Health Choices Program; (2) client and customer lists of a buyer’s representative; and (3) proprietary confidential business information held by Florida Health Choices, Inc. Provides definitions. Now in H. Health & Human Services Committee.

CS/SB 1970 Exemption/OPPAGA:

Creates a public record exemption for work papers held by the Office of Program Policy Analysis and Government Accountability which relate to an authorized project or a research product. Similar to HB 7099. Sen. John Thrasher (R-Jacksonville) 🙁

  • Senate: Passed the Senate. Now in H. Messages. 🙁

SB 2056 OGSR/Ethics Commission:

Reenacts without modification § 112.3215(8), F.S., providing exemptions for records and meetings related to audits and investigations conducted by the Commission on Ethics of alleged violations of certain lobbyist registration and reporting requirements. S. Subcommittee on Ethics and Elections

  • S. Ethics & Elections Committee: Reported favorably. Now in S. Rules Committee.

HB 7085 OGSR/Court Monitors:

Reenacts with minor modification § 744.1076, F.S., providing an exemption for court orders appointing court monitors or emergency court monitors. Also exempts reports of monitors and emergency monitors relating to the medical condition, financial affairs, or mental health of wards. Similar to SB 568. H. Government Operations Subcommittee

  • H. State Affairs Committee: Reported favorably. Now on H. Calendar.

HB 7099 Exemption/OPPAGA:

Creates a public record exemption for work papers held by the Office of Program Policy Analysis and Government Accountability which relate to an authorized project or a research product. Similar to SB 1970. H. Governmental Operations Subcommittee 🙁

  • H. State Affairs Committee: Reported favorably. Now on H. Calendar. 🙁

NEW BILLS FILED

HB 7159 OGSR/Ethics Commission:

Reenacts without modification § 112.3215(8), F.S., providing exemptions for records and meetings related to audits and investigations conducted by the Commission on Ethics of alleged violations of certain lobbyist registration and reporting requirements. Similar to SB 2056. H. Government Operations Subcommittee

  • H. State Affairs Committee: Reported favorably. Now on H. Calendar.

HB 7161 OGSR/Concealed Weapon Permits:

Reenacts with minor technical changes § 790.0601, F.S., providing a public record exemption for personal identifying information of individuals who have applied for concealed weapon permits. Similar to SB 604. H. Government Operations Subcommittee 🙁

  • H. State Affairs Committee: Reported favorably. Now on H. Calendar. 🙁

HB 7171 Exemption Repeal/Military Base Realignment Closures:

Repeals § 288.982, F.S., providing exemptions for various records and meetings relating to the US Department of Defense Base Realignment and Closure 2005 process. Economic Development and Tourism Subcommittee

  • H. Economic Affairs Committee: Reported favorably. Now on H. Calendar.

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