Week Ending March 11, 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”.

PERIOD ENDING MARCH 11, 2011

HB 65 Meetings — Municipal Government:

Amends §166.0213, F.S., to allow the governing body of a city with less than 500 residents to hold meetings within five miles of the exterior boundaries of the city as prescribed by ordinance or resolution. Similar to SB 298. Sen. John Wood (R-Haines City)

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

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. Commerce and Tourism Committee: Reported favorably (8/1; Dockery voting no) with one minor amendment. Now in S. Governmental Oversight and Accountability Committee.

SB 600 OGSR/Home Addresses — DJJ Employees:

Reenacts with some 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. Amended to stipulate that such information will be exempt only if the employee provides a written statement that reasonable efforts have been made to protect the information from being accessible through other publicly-available means. S. Criminal Justice Committee

  • S. Criminal Justice Committee: Reported favorably. Now in S. Governmental Oversight and Accountability Committee.

SB 602 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. S. Criminal Justice Committee

  • S. Criminal Justice Committee: Reported favorably. Now in S. Governmental Oversight and Accountability Committee.

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

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. Community Affairs Committee: Reported favorably, 8/1 (Dockery voting no). Now in S. Governmental Oversight and Accountability Committee.

NEW BILLS FILED

HB 619 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 SB 1448. Rep. Ed Hooper (R-Clearwater) 🙂

HB 1169 Exemption/Insurance Records:

Creates a public record exemption for the notice of a proposed divestiture in a domestic insurer provided to the Commissioner of Insurance by a controlling person of a domestic insurer, stipulating that the notice is subject to disclosure at the conclusion of the transaction unless the commissioner determines that such disclosure will interfere with the enforcement §628.461, F.S. Also exempts the identity of a lender pursuant to a merger or other acquisition of control of a domestic stock insurer when the source of the consideration for the loan is made in the lender’s ordinary course of business. Similar to SB 1800. Rep. Evan Jenne (D-Ft. Lauderdale) ???

HB 1299 Exemption/Juvenile Offenders:

Amends §985.04, F.S., to create a public record exemption for the name, photograph, address, and crime or arrest report for juvenile offenders who have been taken into custody by a law enforcement officer for a felony violation or have committed three or more misdemeanor violations. Rep. Perry Thurston (D-Ft. Lauderdale) 🙁

HB 1325 Exemption/Pawnbroker Transaction Records:

Creates a public record exemption for all information contained in the statewide central database of pawnbroker and secondhand dealer transactions, stipulating that such information can be used only for official law enforcement purposes. Rep. Darryl Rouson (D-St. Petersburg) 🙁

HB 1383 Exemption/Technology Seed Capital Fund:

Expands the exemptions in §288.9626, F.S., to include exemptions for certain records and meetings of the Institute for the Commercialization of Public Research relating to the Technology Seed Capital Fund. As amended, creates a public record exemption for the following records held by the Technology Seed Capital Fund: (1) materials that relate to methods of manufacture or production, potential trade secrets, or patentable material received, generated, ascertained, or discovered through research; (2) information identifying investors or potential investors in projects review by the Fund if those investors desire anonymity; (3) information that is otherwise exempt under state or federal law; and (4) proprietary confidential business information regarding alternative investments for 10 years after the termination of the investment. Also creates a meeting exemption for those portions of a meeting of the Fund board at which exempt information is discussed, and requires that a transcript and minutes of the exempt portions of the meeting be made. Finally, creates a public record exemption for the meeting transcripts and minutes. Similar to SB 1984. Rep. Jason Brodeur (R-Sanford) ???

HB 1419 Exemption/Destination Resort Commission:

Creates a public record exemption for (1) proprietary confidential business information; (2) trade secrets; and (3) federal employer identification numbers, unemployment compensation numbers, or Florida sales tax registration numbers held by the Destination Resort Commission. Also creates a public record exemption for information that would reveal examination techniques or procedures used by the Commission pursuant to the Destination Resort Act. Similar to SB 1712. Rep. Erik Fresen (R-Miami) ???

HB 1435 Prohibition on Publication of 911 Tapes:

Makes it a second degree misdemeanor to publish or broadcast a 911 call made by a minor. Allows publication or broadcast of a 911 call made by an adult but only if the voices of all persons recorded are obscured or masked so as to render the persons recorded unidentifiable. Similar to SB 1310. Rep. Elizabeth Porter (R-Lake City) 🙁

SB 1448 Sale or Lease of Public Hospitals:

Similar to HB 619. Sen. Rene Garcia (R-Hialeah) 🙂

SB 1606 Exemption/Title Insurance:

Requires licensed title insurance agents and insurers doing direct, retail or affiliated business in Florida to maintain revenue, loss, and expense data, and to annually submit such data to the Department of Financial Services to assist in the analysis of title insurance premium rates, title search costs, and the financial viability of the title insurance industry in Florida. Creates a public record exemption for financial information supplied by each title insurance agency or insurer. Also exempts the identity of an agency or insurer in reports disclosed to the public. Sen. Thad Altman (R-Melbourne) ???

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) 🙂

SB 1712 Exemption/Destination Resort Commission:

Similar to HB 1419. Sen. Dennis Jones (R-Seminole) ???

SB 1800 Exemption/Insurance Records:

Similar to HB 1169. Sen. Jeremy Ring (D-Margate) ???

SB 1834 Expunction of Criminal History Records:

Allows a candidate for admission to the Florida Bar to lawfully deny or fail to acknowledge criminal history records that have been expunged. Similar to HB 4091. Sen. Miguel Diaz de la Portilla (R-Miami)

SB 1984 Exemption/Technology Seed Capital Fund:

Similar to HB 1383. Sen. Thad Altman (R-Melbourne) ???

SB 1858 Exemption/Abortion Records:

Creates a public record exemption for criminal intelligence information, and information contained in annual reports required by the Pain-Capable Unborn Child Protection Act. Also creates an exemption for information from a civil proceeding or action under the Act, including photographs; names; social security numbers; financial account numbers; home or employment addresses; home, employment, and cell phone numbers; or any other facts which would reveal the identity of women who underwent an abortion. Also amends §119.0714(1)(h), F.S., to such information when contained in court records. Finally, requires automatic redaction of such information by clerks of court and the Department of Health. Sen. Ronda Storms (R-Brandon) ???

SB 1876 Expunction of Traffic Violation Records:

Allows expunction of certain specified traffic violation records. Sen. Maria Lorts Sachs (D-Delray)

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. Sen. John Thrasher (R-Jacksonville) ???

  • S. Governmental Oversight and Accountability Committee: Reported Favorably.

HB 4091 Expunction of Criminal History Records:

Similar to SB 1834. Rep. Daphne Campbell (D-Miami Shores)

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