Week Ending April 8, 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 8, 2011

CS/SB 102 Office of Chief Technology Officer:

In pertinent part, creates the Office of the Chief Technology Officer within the Department of Financial Services. Similar to HB 31. Sen. Jeremy Ring (D-Margate) WATCH

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

CS/SB 106 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 HB 121. Sen. Jeremy Ring (D-Margate)

  • S. Governmental Oversight & Accountability Committee: Minor amendment adopted; reported favorably as a committee substitute. Now on H. Calendar.

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. Similar to SB 106. Rep. Perry Thurston (D-Ft. Lauderdale)

  • H. State Affairs: Amended to create 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; reported favorably as a committee substitute. Now on H. Calendar.

CS/SB 170 Electronic Filing & Receipt of Court Records:

In pertinent part, requires each state attorney and public defender to implement a system that allows for the electronic filing and receipt of court records. Similar to HB 443. Sen. Mike Bennett (R-Bradenton) WATCH

  • Senate: A lengthy amendment make various changes to ch. 440, F.S., is adopted; passed the Senate. Now in H. Messages.

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)

  • H. Judiciary Committee: Reported favorably. Now in H. State Affairs.

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. Judiciary Committee: Reported favorably. Now in H. State Affairs Committee.

CS/HB 443 Electronic Filing & Receipt of Court Records:

In pertinent part, requires each state attorney and public defender to implement a system that allows for the electronic filing and receipt of court records. Similar to SB 170. Rep. Jim Boyd (R-Bradenton)

  • H. Justice Appropriations Subcommittee: Reported favorably. Now in H. Judiciary

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)

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

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)

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

SB 604 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. S. Criminal Justice Committee 🙁

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

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

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)

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

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

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) 🙁

  • H. Economic Affairs Committee: Reported favorably. Now in H. State Affairs.

CS/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. State Affairs Committee: Reported favorably. Now in H. Appropriations.

CS/SB 994 Exemption/Public Airports — Proprietary Business Information:

Creates a public record exemption for proprietary confidential information submitted to or held by a public airport, if (1) the information is intended to be and is treated as private by the proprietor submitting the information; (2) the disclosure of such information would harm the business interests of the proprietor; and (3) the information has not been intentionally disclosed by the proprietor. 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 until ten days after the proposal or counterproposal is approved by the airport’s governing body. Similar to HB 913. Sen. Jack Latvala (R-St. Petersburg) 🙁

  • S. Commerce & Tourism Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, creates a public record exemption for proprietary confidential information submitted to or held by a public airport, if (1) the information is intended to be and is treated as private by the proprietor submitting the information; (2) the disclosure of such information would harm the business interests of the proprietor; and (3) the information has not been intentionally disclosed by the proprietor, stipulating that the information is subject to disclosure when otherwise publicly available or is no longer treated as proprietary. 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 until approved by the airport’s governing body. Now in S. Governmental Oversight & Accountability 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. State Affairs Committee: Reported favorably. Now on H. Calendar.

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. Criminal Justice Committee: A minor, technical amendment is adopted; reported favorably as a committee substitute. Now in S. Judiciary Committee.

SB 1328 Exemption/Office of Financial Regulation:

Creates a public record exemption for information made available to OFR by a state or federal regulatory, administrative, or criminal justice agency that is provided to OFR only on a confidential or similarly restricted basis or is developed as part of a joint or multi-agency investigation or examination. Similar to HB 677. Sen. Alan Hays (R-The Villages) ???

  • S. Criminal Justice Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 1328 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. Now in S. Governmental Oversight & Accountability Committee.

SB 1408 Exemption/Litigation Meetings:

Significantly expands § 286.011(8), F.S., providing a limited exemption for agency meetings related to pending litigation. As amended, would allow any public employee or agent with relevant information needed by the agency attorney to attend the closed meeting and broadens the meetings topics of discussion to allow discussion of “advice related to matters regarding the litigation.” Similar to HB 1065. Sen. Ellyn Bogdanoff (R-Ft. Lauderdale) 🙁

  • S. Community Affairs Committee: Reported favorably. Now in S. Government Oversight & Accountability Committee. 🙁

SB 1448 Sale or Lease of Public Hospitals:

Stipulates that the sale or lease of a public hospital is subject to approval by the Attorney General. Requires the boards of such hospitals to make certain findings and to submit a written request for approval to the attorney general within 120 days before the anticipated closing date. Stipulates that the approval 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. Similar to HB 619. Sen. Rene Garcia (R-Hialeah) 🙂

  • S. Community Affairs Committee: A strike all amendment, as amended, is adopted; reported favorably as a committee substitute. 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. Now in S. Judiciary Committee.

SB 1456 Exemption/Florida Health Choices Program:

Creates a public record exemption for personal identifying information of applicants, enrollees, or participants in the Florida health Choices Program. Similar to HB 1473. Sen. Rudy Garcia (R-Hialeah)

  • S. Children, Families & Elder Affairs Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, 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 S. Governmental Oversight & Accountability Committee.

SJR 1704 Judicial Qualifications Commission:

Proposes an amendment to Article V, section 12, of the Florida Constitution, to stipulate that all records and materials relating to complaints against justices or judges held by the Judicial Qualifications Commission are subject to inspection and copying by the public. Also requires the Commission to notify the House Speaker of: all complaints received or initiated by the Commission; all investigations conducted by the Commission; and all complaints dismissed, settled, or otherwise concluded. Sen. Alan Hays (R-Umatilla)

  • S. Judiciary Committee: Reported favorably (6/1, Sen. Joyner voting no). Now in S. Governmental Oversight & Accountability Committee.

NEW BILLS FILED

SB 2090 OGSR/Submission of Competitive Solicitation:

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. S. Governmental Oversight & Accountability Committee

SB 2174 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 HB 7225. S. Governmental Oversight & Accountability Committee 🙁

HB 7223 OGSR/Competitive Solicitations:

Similar to SB 2090. H. Government Operations Subcommittee.

  • H. State Affairs Committee: Clarifying and conforming amendments adopted; removes references to state purchasing statute and Administrative Procedure Act to clarify agencies meeting definition of “agency” for open government purposes are included within exemption; reported favorably as committee substitute. Now on H. Calendar.

HB 7225 OGSR/SBA Alternative Investments:

Similar to SB 2174. H. Government Operations Subcommittee

Leave a Reply

Member Login

Forgot Password?

Join Us

%d bloggers like this: