Week Ending March 18, 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 MARCH 18, 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. Economic Affairs Committee: Reported favorably. Now on H. Calendar.

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

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

  • Budget Subcommittee on Criminal and Civil Justice Appropriations: CS for CS passed unanimously. Clarifies that state attorneys and public defenders can use local e-portals to electronically file documents with the clerk of court if the specific case type is not yet approved for the statewide Florida Courts E-Portal and provides for an effective date of July 1, 2011. Now in Budget Committee.

CS/SB 298 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 HB 65. Sen. J.D. Alexander (R-Lake Wales)

  • Senate: Passed unanimously. Now on H. Calendar.

HB 951 Recording of Real Property Documents:

In pertinent part, stipulates that a document that is otherwise entitled to be recorded and which has been accepted for recording by the clerk of court is valid even if the document is defective or deviates from strict compliance with applicable statutes, rules, or procedures. Rep. Ben Albritton (R-Bartow) 🙁

  • H. Civil Justice Subcommittee: Reported favorably. Now in H. Judiciary Committee.

SB 994 Exemption/Public Airports — Proprietary Business Information:

Creates a public record exemption for proprietary confidential business information submitted to or held by a public airport. 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. Community Affairs Committee: Reported favorably with one amendment. 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. 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. Now in § Governmental Oversight and Accountability Committee.

SB 1192 Exemption/Regional Autism Centers:

Creates a public record exemption for all records relating to clients of regional autism centers, the client’s family, or a teacher or other professional receiving center services or participating in center activities. Similar to HB 579. Sen. Nan Rich (D-Sunrise) ???

  • S. Children and Families Committee: Reported favorably. Now in S. Health Regulation Committee.

NEW BILLS FILED

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)

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 🙁

  • H. Governmental Operations Subcommittee: Reported favorably. Now on H. Calendar.

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

  • H. Governmental Operations Subcommittee: Reported favorably. Now on H. Calendar.

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

  • H. Governmental Operations Subcommittee: Reported favorably. Now on H. Calendar.

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

  • H. Governmental Operations Subcommittee: Reported favorably. Now on H. Calendar.

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

  • H. Governmental Operations Subcommittee: Reported favorably. Now on H. Calendar.

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

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