Week Ending March 25, 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 25

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

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

CS/SB 314 Exemption/Dental Workforce Surveys:

Creates a public record exemption for information contained in dental workforce surveys submitted by dentists and dental hygienists to the Department of Health as a condition for license renewal. Similar to HB 485. Sen. Garrett Richter (R-Naples)

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

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. Governmental Operations Subcommittee: One technical amendment adopted; reported favorably as a committee substitute. Now in H. Criminal Justice Subcommittee.

SB 420 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. S. Health Regulation Committee

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

HB 443 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 SB 170. Rep. Jim Boyd (R-Bradenton)

  • H. Criminal Justice Subcommittee: A strike-all amendment making minor changes is adopted; reported favorably as a committee substitute. Now in H. Justice Appropriations Subcommittee.

HB 485 Exemption/Dental Workforce Surveys:

Creates a public record exemption for information contained in dental workforce surveys submitted by dentists and dental hygienists to the Department of Health as a condition for license renewal. Similar to SB 314. Rep. Jimmy Patronis (R-Panama City)

  • H. Governmental Operations Subcommittee:Reported favorably. Now in H. Health & Human Services Quality Subcommittee.

SB 568 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. S. Judiciary Committee

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

SB 570 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. S. Judiciary Committee

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

SB 572 OGSR/Statewide Public Guardianship Office:

Reenacts without modification s 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. S. Judiciary Committee

  • S. Governmental Oversight & Accountability Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, provides an exemption for personal identifying information of donors or potential donors to the direct support organization of the Statewide Public Guardianship Office. Now in S. Rules Committee.

HB 579 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 SB 1192. Rep. Marti Coley (R-Mariana)

  • H. Governmental Operations Subcommittee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 579 creates a 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. Now in H. K-20 Innovation Subcommittee.

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. Governmental Operations Subcommittee: Reported favorably. Now in H. State Administration 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. Governmental Oversight & Accountability Committee: A strike-all amendment is adopted which deletes the requirement for the written statement. Now in S. Rules 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. Governmental Oversight & Accountability Committee: Reported favorably. Now in S. Rules Committee.

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) 🙂

  • H. Health & Human Services Quality Subcommittee: A strike-all amendment is adopted; reported favorably (10/3) as a committee substitute. As amended, CS/HB 619 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. Now in H. Community & Military Affairs Subcommittee.

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. Governmental Operations Subcommittee: A strike-all amendment making minor technical changes is adopted; reported favorably as a committee substitute. Now in H. Community & Military Affairs Subcommittee.

HB 677 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 SB 1328. Rep. Ray Pilon (R-Sarasota)

  • H. Governmental Operations Subcommittee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 677 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 H. Insurance & Banking Subcommittee.

SB 828 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 HB 667. Sen. Ellyn Bogdanoff (R-Ft. Lauderdale)

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

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. 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 SB 994. Rep. Mike Horner (R-Kissimmee) 🙁

  • H. Governmental Operations Subcommittee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 913 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 until ten days after the proposal or counterproposal is approved by the airport’s governing body. Now in H. Transportation & Highway Safety Subcommittee.

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. Banking & Insurance Committee: Reported favorably. Now in S. Criminal Justice 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. Health Regulation Committee: Reported favorably. Now in S. Community Affairs 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. Health Regulation Committee: Reported favorably. Now in S. Children, Families & Elder Affairs Committee.

NEW BILLS FILED

HB 931 Sale or Lease of a Public Hospital:

Requires the Legislature to approve the sale or lease of a public hospital to a non-profit organization. Similar to SB 2024. Rep. Gwyn Clarke-Reed (D-Pompano Beach)

HB 1297 Criminal History Records/Juveniles:

Allows for automatic sealing of juvenile criminal history records of any juvenile offense once the juvenile has completed all sentences. Provides exceptions. Similar to SB 1534. Rep. Perry Thurston (D-Ft. Lauderdale)

SB 2024 Sale or Lease of a Public Hospital:

Similar to HB 931. Sen. Oscar Braynon II (D-District 33)

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

HB 7037 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. Similar to SJR 1704. H. Civil Justice Subcommittee 🙂

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 🙁

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