2013 Legislative Report for Period Ending April 12

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Symbol Meaning
Current action
CS Committee Substitute
P Passed both Chambers
W Withdrawn from further consideration

For Period Ending April 12

ANIMAL CONTROL/HUMANE SOCIETIES

CS/SB 674 Animal Shelter Records: Requires public or private animal shelters, humane organizations, or animal control agencies to create and maintain records regarding the intake and disposition of animals. Stipulates that such records are subject to disclosure and authorizes fees in accordance with chapter 119, F.S., Florida’s public records law. Companion to HB 997. Amends 823.15(1). Sen. Bill Montford (D-Tallahassee)

  • Senate: A conforming amendment is adopted. Passed the Senate unanimously as amended. Now in H. Messages.

CS/HB 997 Animal Shelter Records: Requires public or private animal shelters, humane organizations, or animal control agencies to create and maintain records regarding the intake and disposition of animals. Stipulates that such records are subject to disclosure and authorizes fees in accordance with chapter 119, F.S., Florida’s public records law. Companion to SB 674. Rep. W. Travis Cummings (R-Orange Park)

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

COLLEGES AND UNIVERSITIES

CS/HB 359 Exemption/University DSOs: Creates an exemption for portions of a university direct support organization (DSO) board meetings at which the identity of a donor or prospective donor, proposals seeking research funding from the organization, or a plan or program for either initiating or supporting research, is discussed. Amends s. 1004.28(5), F.S. Companion to SB 1276. Rep. Cary Pigman (R-Sebring)

  • H. Judiciary Committee: Reported favorably. Now on H. Calendar.

CS/SB 1276 Exemption/University DSOs: Stipulates that board meetings of a university direct-support organization (DSO) at which the expenditure of state funds is discussed must be open and noticed to the public. Creates an exemption for meetings or portions of meetings at which the DSO board discusses records that are exempt from public disclosure. Amends s. 1004.28(5), F.S. Companion to HB 359. Sen. Bill Montford (D-Tallahassee)

  • S. Governmental and Accountability Committee: An amendment to the constitutionally-required statement of public necessity is adopted. Reported favorably as a committee substitute. Now in S. Ethics and Elections Committee.

CS/SB 1734 Exemption/Criminal History – Human Trafficking Victims: SB 1644 provides for the court-ordered expungement of victims of human trafficking victim’s criminal history. CS/SB 1734 creates a public record exemption for criminal history records of human trafficking victims that have been expunged pursuant to court order. Creates s. 943.0583(9). Companion to HB 1327. Sen. Anitere Flores (R-Miami)

  • S. Governmental Oversight and Accountability Committee: A minor amendment to the constitutionally-required statement of public necessity is adopted. Reported favorably as a committee substitute. Now in S. Rules Committee.

CRIMINAL JUSTICE

SB 824 Exemption/Forensic Behavioral Health Evaluations: Creates a public record exemption for forensic behavioral health evaluations of mentally deficient or mentally ill defendants filed with the court. Stipulates that an evaluation may be released if it becomes part of a clinical record. Creates s. 916.1065, F.S. Companion to HB 1183. Sen. Rene Garcia (R-Hialeah)

  • S. Governmental Oversight and Accountability Committee: A minor amendment is adopted; reported favorably as a committee substitute. Now in S. Rules Committee.

SB 1014 Exemption/Participants in Drug Court Treatment Programs: Creates a public record exemption for records of a participant’s activity in a treatment-based drug court program, including the initial screening, substance abuse screenings, behavioral health evaluations, and status reports. Creates s. 397.334(10), F.S. Companion to HB 1185. Sen. Rene Garcia (R-Hialeah)

  • S. Governmental Oversight and Accountability Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 1014 creates a public record exemption for information relating to a participant or a person considered for participation in a treatment-based drug court program contained in (1) records relating to initial participation screenings; (2) records relating to substance abuse screenings; (3) behavioral health evaluations; and subsequent treatment status reports. Now in H. Rules Committee.

SB 1042 Exemption/Criminal Justice Commissions: Creates an exemption for portions of a “duly constituted criminal justice commission” meeting during which the commissioners discuss active criminal intelligence or investigative information that is currently before the commission or may foreseeably come before the commission. Companion to HB 361. Sen. Joseph Abruzzo (D-Wellington)

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

SB 1680 Exemption/Child Abuse Death Review Committees: Currently, s. 383.412, F.S., provides an exemption for portions of meetings of child abuse death review committees at which exempt information is discussed, requiring that those closed portions of meetings be recorded. SB 1680 deletes the recording requirement. Amends s. 383.412, F.S. Companion to HB 725. Sen. Thad Altman (R-Melbourne) 🙁

  • S. Children, Families, and Elder Affairs Committee: Reported favorably. Now in S. Governmental Oversight and Accountability Committee.

DONORS

HB 7143 OGSR/Donors – Department of Veterans Affairs: Reenacts, with minor modification, the public record exemption for the identity of donors or prospective donors to the Department of Veterans Affairs direct support organization. Also exempts those portions of meetings at which the identity of such donors is discussed. Reenacts s. 292.055, F.S. Companion to SB 474. H. Government Operations Subcommittee

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

ECONOMIC DEVELOPMENT

CS/SB 406 Economic Development Programs Evaluation: In pertinent part, requires the Office of Economic and Demographic Research and the Office of Program Policy Analysis and Government Accountability (OPPAGA) to develop the Economic Development Program Evaluation and to provide a detailed analysis of economic development programs on a specified schedule beginning January 1, 2014, and to evaluate and determine the economic benefits of each program over the previous three years. Stipulates that the analysis may include relevant economic development reports or analyses prepared by the Department of Economic Opportunity, Enterprise Florida, or local or regional economic development organizations and any other relevant data. Companion to HB 641. Sen. Andy Gardiner (R-Orlando)

  • Senate: Two minor amendments are adopted. Passed the Senate unanimously as amended. Now in H. Messages.

CS/SB 572 Reporting Requirements – Economic Development Programs: Requires the Department of Economic Opportunity to maintain a website for the purpose of publishing certain, specified information in a format accessible to the public which allows users to search for and sort specific data and to easily view and retrieve all data at once. Specifically, CS/SB 572 requires DEO to publish the following information on all economic development programs within 48 hours of the information becoming subject to public disclosure: (1) projected economic benefits; (2) project information; (3) participant business information; (4) project evaluation criteria; (5) project performance goals; and (6) total state investment to date. In addition, DEO must publish incentive program contracts and agreements and DEO reports relating to a business’s failure to complete a tax refund agreement. Requires the Office of Economic and Demographic Research to calculate the economic benefits of each economic development project. Creates s. 288.076, F.S. Companion to HB 563. Sen. Eleanor Sobel (D-Hollywood) 🙂

  • S. Appropriations Transportation, Tourism and Economic Development Subcommittee: Reported favorably. Now in S. Appropriations Committee.

FINANCIAL TRANSACTIONS

SB 1868 Exemption/Financial Regulation Payments: SB 410 requires the Office of Financial Regulation (OFR) to maintain payment instrument transaction information in a centralized database. “Payment instrument” is statutorily defined as “a check, draft, warrant, money order, travelers check, electronic instrument, or other instrument, payment of money, or monetary value whether or not negotiable.” SB 1868 creates a public record exemption for payment transaction information held by OFR which identifies a licensee, payor, payee, or conductor contained in the database. Companion to HB 7135. Creates s. 560.312, F.S. Sen. Aaron Bean (R-Jacksonville) 🙁

HB 7135 Exemption/Financial Regulation Payments: HB 217 requires the Office of Financial Regulation (OFR) to maintain payment instrument transaction information in a centralized database. “Payment instrument” is statutorily defined as “a check, draft, warrant, money order, travelers check, electronic instrument, or other instrument, payment of money, or monetary value whether or not negotiable.” HB 7135 creates a public record exemption for payment transaction information held by OFR which identifies a licensee, payor, payee, or conductor contained in the database. Companion to SB 1868. Creates 560.312, F.S. H. Insurance and Banking Subcommittee 🙁

  • H. State Affairs Committee: One technical amendment is adopted; reported favorably as a committee substitute. Now in H. Regulatory Affairs Committee.

FINANCIAL TRANSPARENCY

HB 5401 Transparency in Government Spending: Requires the Chief Financial Officer (CFO) to maintain a secure contract tracking system available to the public through a secure website, stipulating that state agencies must post the following information to the tracking system within 30 days of executing a contract: (1) the names of the contracting entities; (2) the procurement method; (3) the procurement method; (4) the nature or type of commodities or services purchased; (5) applicable contract unit prices and deliverables; (6) total compensation to be paid or received; (7) all payments made to the contractor to date; (8) applicable performance measures; and (9) electronic copies of the contract, redacted if necessary. Also requires posting of amendments to existing contracts. By January 1, 2014, state agencies must post all information described above for all existing contracts executed before July 1, 2013. Provides requirements and procedures for redacting information that is confidential or exempt from disclosure. Amends s. 215.985, F.S. H. Government Operations Subcommittee 🙂

Under HB 5401, Phase One:

Executive Office of Governor must create and maintain:
(1) a single website providing access to all other transparency websites required under the Act, stipulating that the EOG website must be user-friendly and compatible with all major web browsers.
(2) a state budget website, providing

o searchable online access to disbursement data for each appropriation;
o appropriation adjustments;
o the status of spending authority for each appropriation;
o position and rate information for approved positions;
o allotments for planned agency expenditures;
o trust fund balance reports; general revenue fund balance reports;
o fixed capital outlay project data;
o a 10-year history of agency appropriations;
o links to state audits or reports related to the expenditure or dispersal of state funds; and
o links to approved programs or activity descriptions.

(3) a fiscal planning website, including, at a minimum,

o the long-range financial outlook adopted by the Legislative Budget Commission;
o instructions to agencies relating to legislative budget requests;
o agency budget requests;
o capital improvement plans;
o long-range program plans; and
o the Governor’s budget recommendation.

The fiscal planning website must be searchable by fiscal year, agency, appropriation category, and keywords.

Department of Management Services is required to create and maintain a website providing current information relating to all state employees, including state universities. For each employee, DMS must report, at a minimum, the

o name and salary or hourly rate of pay;
o position number, class code, and class title; and
o employing agency and budget entity.

Such information must be searchable by state agency or university, and by employee name, salary range, or class code, and must be downloadable in a format allowing offline analysis.

Starting November 1, 2013, and each year following, DMS must recommend whether the employee website should be expanded to include the Florida College System, school districts, charter schools, and local governments.

The Chief Financial Officer is required to maintain a state contract tracking system website relating to contracts procured by state agencies. Within 30 days after executing a contract, each state agency must post the following information and documentation on the CFO’s website:

o the names of the contracting entities;
o the procurement method;
o the beginning and ending dates of the contract;
o the nature or type of commodities or services purchased;
o contract unit prices and deliverables;
o total compensation to be paid or received under the contract;
o all payments made to the contractor to date;
o applicable contract performance measures;
o if a no-bid contract, the justification for such action, including a citation to the statutory exemption from competitive solicitation; and
o electronic copies of the contract and procurement documents, appropriately redacted.

Requires agencies to post modifications or amendments to existing contracts within 30 days, and provides procedures for redacting exempt information.
H. Appropriations: Reported favorably. Placed on H. Calendar.

INVESTIGATIONS

HB 7145 OGSR/Investigations – Employment Discrimination Complaints: Section 119.071(2)(g), F.S., provides a public record exemption for all complaints and other records relating to employment discrimination held by an agency until a finding of probable cause, the investigation is no longer active, or the complaint is made part of the official record of any hearing or court proceeding. HB 7145 reenacts the exemption with only minor technical changes. Companion to SB 1800. H. Government Operations Subcommittee

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

PERSONAL INFORMATION

SB 1066 Exemption/Dental Workforce Surveys: Creates a public record exemption for all personal identifying information contained in dental workforce surveys completed by dentists and dental hygienists held by the Department of Health. Companion to HB 1115. Sen. Garrett Richter (R-Naples)

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

SB 1424 Exemption/Driver Toll Information: Section 388.155(6), F.S. currently provides a public record exemption for personal identifying information provided to the Department of Transportation, a county, or an expressway authority in connection with using a credit card, charge card, or check for prepayment of tolls. SB 1424 amends and slightly expands the exemption to cover all personal identifying information of drivers who use toll facilities regardless of the form of payment or prepayment. Amends s. 388.155(6), F.S. Companion to HB 1333. Sen. Greg Evers (R-Crestview)

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

CS/SB 1768 OGSR/Personal Information – Paratransit Services: Reenacts, without modification, s. 119.071(5)(h), F.S., providing a public record exemption for personal identifying information of those receiving or applying for paratransit services. Companion to HB 7107. S. Transportation Committee

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

PROPRIETARY INFORMATION

CS/SB 834 Exemption/Insurance Insolvency – Proprietary Business Information: Creates a public record exemption for proprietary business information related to insurance solvency held by the Office of Insurance Regulation. Defines “proprietary business information” as information owned or controlled by an insurer which is (1) intended to be and is treated by the insurer as private in that disclosure of the information would cause harm to the insurer’s business operations and has not been disclosed, and (2) is not otherwise readily ascertainable or publicly available. Proprietary business information includes trade secrets; information relating to competitive interests; the source, nature, and amount of the consideration used in carrying out a merger or other acquisition; information relating to bids or other contractual data; and internal auditing controls and reports. Allows disclosure under certain, specified conditions. Creates s. 624.4212, F.S. Companion to HB 823. Sen. David Simmons (R-Altamonte Springs)

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

SB 984 Exemption/Natural Gas Storage – Proprietary Business Information: SB 958 authorizes the Department of Environmental Protection (DEP) to issue permits for underground natural gas storage facilities. SB 984 creates a public record exemption for information provided by a permit applicant to DEP relating to (1) leasing plans; (2) exploration budgets; (3) proprietary well design or completion plans; (4) geological or engineering studies related to storage reservoir performance; (5) commercial or marketing studies; and (6) other proprietary confidential business information or trade secrets which could provide an economic advantage to competitors. Creates s. 377.24075, F.S. Companion to HB 1085. Sen. Garrett Richter (R-Naples)

  • S. Environmental, Preservation, and Conservation Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 984 creates a public record exemption for proprietary confidential business information provided to the Department of Environmental Protection by an applicant for an underground natural gas storage facility permit. “Proprietary confidential business information” is defined as information that: (1) is owned or controlled by the applicant; (2) is intended to be private because disclosure would harm the applicant’s business operations; (3) has not otherwise been disclosed; and (4) is not publicly available. Such information includes trade secrets; leasing plans, property acquisition plans, explorations budgets, or marketing studies, the disclosure of which would impair the applicant’s ability to contract for goods or services or acquire property on favorable terms; or competitive interests, which can include well designs, geological or engineering studies, and field utilization or operating plans. Allows disclosure under certain specified conditions. The CS/SB 984 is now in the S. Governmental Oversight and Accountability Committee.

CS/HB 1085 Exemption/Natural Gas Storage – Proprietary Business Information: The CS/HB 1085 creates a public record exemption for proprietary business information held by the Department of Environmental Protection (DEP) related to applications for natural gas storage permits. “Proprietary business information” is defined as information that is owned or controlled by the applicant; is intended to be, and is treated as, private because disclosure would harm the applicant’s business operations; has not been otherwise disclosed except under certain, specified circumstances; and is not publicly available or otherwise readily ascertainable. The term includes: (1) trade secrets; (2) leasing plans, real property acquisition plans, explorations budgets, or marketing studies; and (3) competitive interests, which may include well design or completion plans, geological or engineering studies related to storage reservoir performance characteristics, or field utilization strategies or operating plans. Allows disclosure under certain circumstances, including pursuant to a court order. Creates s. 377.24075, F.S. Companion to SB 984. Rep. Dane Eagle (R-Cape Coral)

  • H. State Affairs Committee: Two minor amendments adopted, reported favorably as a committee substitute. Now on H. Calendar.

PUBLIC EMPLOYEES

SB 376 Exemption/Names of Spouses: As amended, SB 376 creates a public record exemption for the names of the spouses and children of active or former law enforcement personnel, correctional officers, and certain employees of the Department of Children and Families, Department of Health, and the Department of Revenue. Amends s. 119.071(4)(d)2, F.S. Companion to HB 731. Sen. Alan Hays (R-Umatilla) 🙁

  • S. Rules Committee: Traveling amendment is adopted; reported favorably as a committee substitute. Now on S. Calendar.

HB 731 Exemption/Names of Spouses: Creates a public record exemption for the names of the spouses and children of active or former law enforcement personnel, correctional officers, and certain employees of the Department of Children and Families, Department of Health, and the Department of Revenue. Amends s. 119.071(4)(d)2, F.S. Companion to SB 376. Rep. Dave Kerner (D-Palm Springs) 🙁

  • House: An amendment expanding the exemption to also include the names of spouses and children of state attorneys, assistant state attorneys, statewide prosecutors, and assistant statewide prosecutors is adopted. HB 731, as amended, is rolled to third reading.

SCHOOLS

CS/HB 127 Public Meetings/School Boards Meetings: In pertinent part, requires district school boards to hold at least one regular meeting each quarter during the evening hours and the district board shall develop criteria for deciding when to convene the evening meeting. Allows the chair of the district school board or a majority of the board’s members to call a special meeting if the district superintendent fails to call such a meeting when requested to do so. Amends s. 1001.372(1), F.S. Companion to SB 134. Rep. Richard Stark (D-Weston) 🙂

  • H. Education Committee: A proposed committee substitute is adopted; reported favorably as a committee substitute. As amended, CS/HB 127, in pertinent part, requires district school boards to hold at least one regular meeting each quarter beginning no later than 5:00 PM. Allows the chair of the district school board or a majority of the board’s members to call a special meeting if the district superintendent fails to call such a meeting when requested to do so. Now on H. Calendar.

CS/HB 637 Exemption/College and University Search Committees: Creates a public record exemption for personal identifying information, or a document containing personal identifying information, of an applicant for president, provost, or dean of any state university or college. Also creates an exemption for those meetings held for the purpose of identifying or vetting applicants for president, provost, or dean of any state university or college. Creates s. 1004.097, F.S. Rep. John Tobia (R-Melbourne) 🙂

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

CS/SB 878 Education Accountability: In pertinent part, CS/SB 878 allows access to the K-20 data warehouse by organizations conducting studies for or on behalf of educational agencies and institutions in a manner consistent with FERPA. Requires the Commissioner of Education to create a web-based interface to improve and streamline access to the K-20 data warehouse, stipulating that all exempt personal identifying information be redacted or aggregated. Amends various sections of the K-20 Education Code. Companion to HB 7027. Sen. Bill Galvano (R-Bradenton) WATCH

  • Senate: One technical amendment is adopted on third reading. Passed the Senate unanimously as amended. Now in H. Messages.

HB 991 Exemption/School After-Drill Reports: HB 989 requires school districts to conduct emergency lockdown drills at least as often as emergency evacuation drills. HB 991 creates a public record exemption for a school district’s after-drill report and the recommendations from law enforcement officers or fire officials. Companion to SB 800. Creates s. 1006.67, F.S. Rep. Ray Rodrigues (R-Fort Meyers) ???

  • H. Education Committee: Reported Favorably. Now on H. Calendar.

SB 1756 Exemption/School Lunch Program: SB 1628 shifts responsibilities for the school lunch program from the State Board of Education regarding school food and nutrition programs. SB 1756 creates a public record exemption for the personal identifying information of an applicant or a participant in a school food and nutrition service program held by the Department of Agriculture and Consumer Services, the Department of Children and Families, or the Department of Education. Creates s. 595.409. F.S. Companion HB 7089. Sen. Bill Montford (D-Tallahassee)

  • S. Governmental Oversight and Accountability Committee: One technical amendment is adopted; reported favorably as a committee substitute. Now in S. Rules Committee.

HB 7161 Exemption/Student Learning Growth Data: HB 7141 stipulates that at least 50% of a teacher’s or school administrator’s salary must be based on student learning growth or achievement data. HB 7161 creates a public record exemption for student learning growth data held by the Department of Education or a school district for use in an evaluation of an educator that is educator-specific and personally identifies an educator. The exemption expires after the completion of the third school year following the school year for which the report was completed. The exemption would apply retroactively to student growth data held before, on, or after the enactment of HB 7161. Amends s. 1012.31(3)(a). 🙁

VOTER INFORMATION

CS/SB 1260 Exemption/Voter Email Address: Creates a public record exemption for email addresses of voters and voter registration applicants held by any agency. Amends s. 97.0585(1), F.S. Companion to HB 249. Sen. Jeremy Ring (D-Margate) 🙁

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

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