Week Ending April 29, 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 29

CS/CS/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 exempts 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. Rules and Calendar: Reported favorably. Now on House Calendar.

CS/HB 409 Exemption/Video Voyeurism:

Expands § 119.071(2)(h)1.c., F.S., providing a public record exemption for photographs, videotapes, or images of any part of the body of victims of certain, specified sexual offenses to include victims of video voyeurism. Similar to SB 1168. Rep. Keith Perry (R-Ocala)

  • House: Passed unanimously. Now in Senate Messages.

CS/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. Stipulates that the exemption is not intended to, nor may be construed to, overturn or abrogate or alter any existing orders duly entered into by any court of this state, as of the effective date of the act, which restrict or limit access to any photographs or video or audio recordings that depict or record the killing of a person. Similar to SB 416. Rep. Rachel Burgin (R-Tampa)

  • House: Passed by a vote of 111/6. Now in Senate Messages.

CS/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. Stipulates the exemption does not apply to any court order restricting or limiting access to any photograph or video or audio recording depicting or recording the killing of a person in effect July 1, 2011, but applies only to photographs, videos or audio recordings that are public records as defined in § 119.011, F.S. Similar to HB 411. Sen. Ellyn Bogdanoff (R-Ft. Lauderdale)

  • S. Rules Committee: Reported favorably. Now on Senate Calendar.

CS/HB 579 Exemption/Regional Autism Centers:

Creates public record exemption for clients of regional autism centers who receive center services or participate in center activities. Also exempts all records relating to the client’s family. Finally, creates an exemption for personal identifying information of donors or prospective donors to a regional autism center who desire anonymity. Similar to SB 1192. Rep. Marti Coley (R-Mariana)

  • House: Passed unanimously. Now in Senate Messages.

HB 597 Exemption/Emergency Notification System:

Creates a public record exemption for information, including names, addresses, telephone numbers, e-mail addresses, and other electronic communication addresses, furnished to an agency for the purpose of emergency notification by the agency. Similar to SB 874. Rep. Dwayne Taylor (D-Daytona Beach)

  • House: Passed unanimously. Now in Senate Messages.

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. Finally, clarifies that public hospitals that have not received tax support are exempt from all approval requirements. Similar to SB 1448. Rep. Ed Hooper (R-Clearwater)

  • H. Health & Human Services Committee: Various amendments adopted; reported favorably (11/5) as a committee substitute. Now on House Calendar.

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)

  • House: Passed 111/1 (Rep. Gaetz voting no). Now in Senate Messages.

CS/HB 677 Exemption/Office of Financial Regulation:

Creates creates a public record exemption for information received by OFR from another state or federal regulatory, administrative, or criminal justice agency that is confidential or exempt pursuant to state or federal law. Also creates an exemption for information received or developed by OFR as part of a joint or multi-agency examination or investigation, stipulating the exemption does not apply to information obtained or developed by OFR that is would otherwise be subject to disclosure if OFR had conducted an independent investigation or examination. Similar to SB 1328. Rep. Ray Pilon (R-Sarasota)

  • House: Passed unanimously. Now in Senate Messages.

SB 874 Exemption/Emergency Notification System:

Creates a public record exemption for information, including names, addresses, telephone numbers, e-mail addresses, and other electronic communication addresses, furnished to an agency for the purpose of emergency notification by the agency. Similar to HB 597. Sen. Alan Hays (R-Umatilla)

  • S. Budget Committee: Reported favorably. Now on Senate Calendar.

CS/HB 913 Exemption/Public Airports — Proprietary Business Information:

Creates a public record exemption for proprietary confidential business information submitted to or held by a public airport. Defines “proprietary confidential business information to include: (1) business plans; (2) internal auditing controls and reports of internal auditors; (3) reports of external auditors for privately held companies; (4) trade secrets; (5) client and customer lists; (6) potentially patentable material; (7) business transactions; (8) financial information of the proprietor; and (9) financial projections of the proprietor or airport facilities projects for which the information is provided. Also creates an exemption for proposals and counterproposals between a public airport and a non-governmental entity relating to the sale, use, development, or lease of airport land or airport facilities. Similar to SB 994. Rep. Mike Horner (R-Kissimmee)

  • House: Passed 92/24. Now in Senate Messages.

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)

  • House: Passed unanimously. Now in Senate Messages.

CS/SB 1168 Exemption/Video Voyeurism:

Expands § 119.071(2)(h)1.c., F.S., providing a public record exemption for photographs, videotapes, or images of any part of the body of victims of certain, specified sexual offenses to include victims of video voyeurism. Similar to HB 409. Sen. Steve Oelrich (R-Gainesville)

  • S. Judiciary Committee: Reported favorably. Now on Senate Calendar.

CS/SB 1402 Expunging Criminal History Records:

As amended, allows a second sealing and expunging of a criminal history record and provides eligibility standards for second sealing, and allows a person to deny or fail to acknowledge arrests under certain circumstances. Requires FDLE to disclose the contents of an expunged record to the subject of the record upon written, notarized request. Finally, requires each clerk of court website to include information relating to procedures to seal or expunge criminal history records. Similar HB 727. Sen. Chris Smith (D-Oakland Park)

  • S. Judiciary Committee: Reported favorably. Now in S. Budget Committee.

CS/SB 1448 Sale or Lease of Public Hospitals:

As amended, CS/SB 1448 stipulates that the sale or lease of a public hospital is subject to the approval by majority voted of the registered voters in the county, district, or municipality or, in the alternative 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 HB 619. Sen. Rene Garcia (R-Hialeah)

  • S. Judiciary Committee: Various minor and technical amendments are adopted; reported favorably (5/2) as a committee substitute. Now in S. Budget Committee.

HB 7075 OGSR/Home Addresses — DJJ Employees:

Reenacts with minor modification § 119.071(4)(d)1.i, F.S., providing a public record exemption for the home address, etc., of certain employees and their family members of the Department of Juvenile Justice. Similar to SB 600. H. Government Operations Subcommittee

  • House: Passed 113/1 (Rep. Pafford voting no). Now in Senate Messages.

HB 7077 OGSR/Biometric Identification Information:

Reenacts without modification § 119.071(5)(g), F.S., providing a public record exemption for biometric information held by an agency, including friction ridge detail, fingerprints, palm prints, and footprints. Similar to SB 602. H. Government Operations Subcommittee

  • House: Passed unanimously. Now in Senate Messages.

HB 7079 OGSR/Florida Center for Brain Tumor Research:

Expands § 381.8531, F.S., providing an exemption for medical records held by the Center, to now exempt personal identifying information of donors to the central repository for brain tumor biopsies or the brain tumor registry. Similar to SB 420. H. Government Operations Subcommittee

  • House: Passed 111/1 (Rep. Cruz voting no). Now in Senate Messages.

HB 7081 OGSR/Statewide Public Guardianship Office:

Reenacts with minor modification § 744.7082, F.S., providing an exemption for information identifying donors or potential donors to the direct support organization of the Statewide Public Guardianship Office. Similar to SB 572. H. Government Operations Subcommittee

  • House: Passed unanimously. Now in Senate Messages.

HB 7083 OGSR/Interference with Custody:

Reenacts without modification § 787.03(6)(c), F.S., providing a public record exemption for the current address and telephone number of a person who takes a minor child and reports such to the sheriff or state attorney under the exception to the offense of interference with custody. Similar to SB 570. H. Government Operations Subcommittee

  • House: Passed unanimously. Now in Senate Messages.

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

  • House: Passed unanimously. Now in Senate Messages.

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

  • House: Passed unanimously. Now in Senate Messages.

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

  • House: Passed 98/12. Now in Senate Messages.

HB 7223 OGSR/Competitive Solicitations:

Amends the public record exemption in § 119.071(1)(b), F.S., for sealed bids or proposals received by an agency in response to an invitations to bid or requests for proposal. As amended, provides a public record exemption for sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation, stipulating that the replies are exempt until the agency provides notice of an intended decision to award a contract or until 30 days after the opening of the bids, proposals, or replies, whichever is earlier. Also amends the meeting exemption § 286.0113, F.S., providing an exemption for portions of meetings at which negotiations with vendors conducted pursuant to a competitive solicitation and those portions of team meetings at which negotiation strategies are discussed. Requires a complete recording of exempt portions of meetings, stipulating that such recordings and any records presented at an exmept meeting are exempt until the agency provides notice of an intended decision to award a contract or until 30 days after the opening of the bids, proposals, or replies, whichever is earlier. Provides definitions. Similar to SB 2090. H. Government Operations Subcommittee

  • House: Passed unanimously. Now in Senate Messages.

HB 7225 OGSR/SBA Alternative Investments:

Reenacts, with minor amendments, § 215.440, F.S., providing public record exemptions for records relating to alternative investments made by the State Board of Administration. As amended, stipulates that information relating to third party placement agents is subject to disclosure and requires SBA to maintain a list and description of records that are declare proprietary and therefore not subject to disclosure. Similar to SB 2174. H. Government Operations Subcommittee

  • House: Passed 114/1 (Rep. Gaetz voting no). Now in Senate Messages.

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