2013 Legislative Report for Period Ending April 5

Click here to view the report in PDF format.

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W Withdrawn from further consideration

For Period Ending April 5

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)

  • S. Community Affairs Committee: A strike-all amendment making minor changes is adopted; reported favorably as a committee substitute. Now on S. Calendar.

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. Local and Federal Affairs Committee: A strike-all amendment making minor changes is adopted; reported favorably as a committee substitute. Now in H. State Affairs Committee.

COLLEGES AND UNIVERSITIES

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 to president, provost, or dean of any state university or college. Creates s. 1004.097, F.S. Rep. John Tobia (R-Melbourne) 🙁

  • H. Government Operations Subcommittee: An amendment creating 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 is adopted. Reported favorably as a committee substitute. Now in H. Education Committee.

COURT RECORDS

CS/SB 556 Clerks of Court/Records: In pertinent part, allows a clerk of court to provide requested records in electronic formats if the requester is capable of accessing the records electronically, and clarifies that the fee waiver applies only to state agencies and the party represented by the agency. Amends s. 119.0714(2)(f), F.S., to stipulate that requests for redaction of exempt home addresses, etc., contained in court records must identify the document type, name, identification number, and page number of the court record that contains the exempt information. Companion to HB 643. Amends ss. 28.345 and 119.0714, F.S. Sen. Jeremy Ring (D-Margate)

  • S. Appropriations Subcommittee on Finance and Tax: An amendment allowing a public defender to access official records relating to a juvenile under certain specified conditions is adopted; reported favorably as a committee substitute. Now in S. Appropriations Committee.

CS/ HB 643 Clerks of Court/Records: In pertinent part, allows a clerk of court to provide requested records in electronic formats if the requester is capable of accessing the records electronically, and clarifies that the fee waiver applies only to state agencies and the party represented by the agency. Amends s. 119.0714(2)(f), F.S., to stipulate that requests for redaction of exempt home addresses, etc., contained in court records must identify the document type, name, identification number, and page number of the court record that contains the exempt information. Companion to SB 556. Rep. Ray Pilon (R-Sarasota)

  • H. Justice Appropriations Subcommittee: Three amendments, two technical in nature, are adopted. The third allows public defenders to access official records relating to a juvenile under certain specified conditions. Reported favorably as a committee substitute. Now in H. Judiciary Committee.

HB 943 Exemption/Settlements on Behalf of Minors: Creates a public record exemption for court records relating to the settlement of a claim on behalf of a minor or ward relating to guardianship. Allows access to such records by a guardian ad litem, the minor if over 14, and the minor’s attorney. Companion to SB 610. Amends s. 744.3701, F.S. Rep. Elaine Schwartz (D-Hollywood)

  • H. Judiciary Committee: An amendment stripping the review provision required under the Open Government Sunset Review Act is adopted. Reported favorably as a committee substitute. Now on H. Calendar.

CRIMINAL JUSTICE

HB 725 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. HB 725 deletes the recording requirement. Amends s. 383.412, F.S. Rep. Gayle Harrell (R-Port St. Lucie) 🙁

  • H. Health and Human Services Committee: Reported favorably by a vote of 17/1, with Rep. Mark Pafford (D-West Palm Beach), voting no. Now on H. Calendar.

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

SB 1734 Exemption/ Criminal History – Human Trafficking Victims: SB 1644 provides for the court-ordered expungement of victim of human trafficking victim’s criminal history. SB 1734 creates a public record exemption preventing disclosure of any record of a human trafficking victim’s criminal history that has been expunged under a court order. Also exempts information relating to the existence of an expunged criminal history record. Creates s. 943.0583(9). Companion to HB 1327. Sen. Anitere Flores (R-Miami)

  • S. Criminal Justice Committee: A strike-all amendment narrowing the exemption is adopted. As amended, CS/SB 1734 creates a public record exemption for criminal history records of human trafficking victims that have been expunged pursuant to court order. Reported favorably as a committee substitute. 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

INSURANCE

SB 1850 Exemption/Citizens Property Insurance – Proprietary Business Information: SB 1770 creates the Citizen’s Property Insurance Corporation policyholder eligibility clearinghouse program. SB 1850 creates a public record exemption for all underwriting guidelines, manuals, rating information, and other underwriting or instructions submitted by an insurer to the new eligibility clearinghouse program. Companion to HB 7095. Amends s. 627.3518, F.S. S. Banking and Insurance Committee 🙁

INVESTIGATIONS

HB 1297 Exemption/False Claims Act Investigations: HB 935 creates s. 68.0731, F.S., which grants the Department of Financial Services subpoena power before the department institutes civil proceedings for a violation of s. 68.082, F.S, Florida’s False Claims Act. HB 1297 creates a public record exemption for complaints and information held by the department during the course of an investigation of possible violations of the False Claims Act, stipulating that the exemption expires once the investigation is complete or ceases to be active. Companion to SB 1496. Creates s. 68.083(8), F.S. Rep. Dana Young (R-Tampa)

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

SB 1318 Exemption/Complaint of Employee Misconduct: Creates a public record exemption for a complaint of misconduct filed against a public employee, as well as all information obtained while investigating that complaint. Stipulates that the exemption expires once the investigation ceases to be active or until the agency provides the employee with written notice that it has concluded the investigation. Creates s. 119.071(2)(k). Companion to HB 1075. Sen. Darren Soto (D-Kissimmee)

  • S. Ethics and Elections: A strike-all amendment making minor, technical changes is adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight and Accountability Committee.

SB 1496 Exemption/False Claims Act Investigations: SB 1494 creates s. 68.0731, F.S., which grants the Department of Financial Services subpoena power before the department institutes civil proceedings for a violation of s. 68.082, F.S, Florida’s False Claims Act. SB 1496 creates a public record exemption for complaints and information held by the department during the course of an investigation of possible violations of the False Claims Act, stipulating that the exemption expires once the investigation is complete or ceases to be active. Creates s. 68.083(8), F.S. Companion to HB 1297. Sen. John Thrasher (R-St. Augustine)

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

SB 1848 Exemption/Inspector General – Citizens Property Insurance: In pertinent part, SB 1770 creates the office of inspector general within Citizens Property Insurance Corporation, which would have the power to oversee and investigate the internal operations of the corporation. SB 1848 creates a public record exemption for the name or identify of an individual who, in good faith, alleges, or provides information relating to an allegation of a violation of law, rule, fraud, waste, abuse, malfeasance, or mismanagement to the office of inspector general. Stipulates that the information remains exempt until the inspector general completes the investigation and determines whether a violation occurred and if there was no violation, the information remains exempt from public disclosure. S. Banking and Insurance Committee 🙁

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 complaints 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 SC 1800. H. Government Operations Subcommittee

OFFICIAL RECORDS

CS/SB 462 Death Certificates: Requires the State Registrar to electronically submit a data file of each death certificate file in each county to the Florida Association of Court Clerks and Comptrollers twice each month. Companion to HB 123. Sen. Geri Thompson (D-Orlando)

  • S. Community Affairs: Reported favorably. Now in S. Judiciary Committee.

PERSONAL INFORMATION

SB 452 OGSR/Organ and Tissue Registry – Donor Information: Reenacts, with minor technical modification, the public record exemption information protecting the identity of organ and tissue donors. Reenacts s. 765.51551, F.S. Companion to HB 7085. S. Health Policy Committee

  • Senate: Passed the Senate unanimously. Now in H. Messages.

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. Sen. Garrett Richter (R-Naples)

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

HB 1115 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 SB 1066. Rep. Alan Williams (D-Tallahassee)

  • H. Health and Human Services Committee: Reported favorably. Now on H. Calendar.

HB 1333 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. HB 1333 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 SB 1424. Rep. Mike La Rosa (R-Saint Cloud)

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

PROPRIETARY INFORMATION

SB 714 Exemption/Electric Utility – Proprietary Business Information: Creates a public record exemption for proprietary confidential business information provided by a private or out-of-state entity to a public electric utility in connection with the utility’s due diligence review of an electric project or a project to improve the delivery, cost, or diversification of fuel or renewable energy resources. CS/SB 714 defines “proprietary confidential business information” as information provided to an electric utility by an entity which is as private in that disclosure of the information would cause harm to the entity’s business operations and which has not otherwise been disclosed, and includes (1) trade secrets; (2) internal audit controls and reports of internal auditors; (3) security measures, systems, or proceedings; (4) information concerning bids and other contractual data; and (5) information relating to competitive interests. Creates s. 119.0713(4), F.S. Companion to HB 649. Sen. David Simmons (R-Altamonte Springs)

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

CS/HB 745 Exemption/Fracturing Chemical Usage Disclosure Act – Trade Secrets: HB 725 creates the Fracturing Chemical Usage Disclosure Act, directing the Division of Resource Management in DEP to establish an online hydraulic fracturing chemical registry. CS/HB 745 creates a public record exemption for trade secrets relating to hydraulic fracturing treatments obtained by the Division in connection with the online hydraulic fracturing chemical registry. Stipulates that the person submitting trade secret information must (1) request that the trade secret be kept confidential and exempt; (2) inform the division of the basis for claim of trade secret; and (3) clearly mark each page of a document or a specific portion of the document claimed to be trade secret as “trade secret.” Stipulates that if DEP receives a public record request for documents marked as trade secret, the department must notify the person asserting the claim, allowing that person 30 days to file a court action seeking a determination on whether the information is trade secret. Creates s. 377.45, F.S. Rep. Ray Rodrigues (R-Fort Myers)

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

CS/HB 823 Exemption/Insurance Solvency – Proprietary Business Information: CS/HB 823 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; statutorily required actuarial opinion summaries; divestiture notices; enterprise risk reports; and information received from another governmental entity. Allows disclosure under certain, specified conditions. Creates s. 624.4212, F.S. Companion to SB 834. Rep. Clay Ingram (R-Pensacola)

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

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. Banking and Insurance Committee: Two technical amendments are adopted. Reported favorably as a committee substitute. Now in S. Governmental Oversight and Accountability Committee.

CS/HB 1085 Exemption/Natural Gas Storage – Proprietary Business Information: As amended, 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. Government Operations Subcommittee: Reported favorably. Now in H. State Affairs Committee.

PUBLIC EMPLOYEES

CS/SB 60 Exemption/DOH – Home Addresses: Creates a public record exemption for the home addresses, telephone numbers, and photographs of current and former Department of Health personnel whose duties include or support the investigation and prosecution of complaints filed against health care practitioners or the inspection of licensed facilities. Also exempts the names, home addresses, telephone numbers, and place of employment of the spouses and children of such personnel, as well as the names and locations of schools and day care facilities attended by their children. Stipulates that the exemption will apply only if the person seeking the protection of the exemption has shown that a reasonable effort to protect such information through other, publicly available sources has been made. Amends s. 119.071(4)(d), F.S. Companion to HB 529. Sen. Alan Hays (R-Umatilla)

  • Senate: Passed the Senate unanimously. Now in H. Messages.

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) 🙁

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

PUBLIC RECORD DATA

SB 1004 Inventory of Public Data: Requires agencies to create an inventory of all public record data in its custody and submit the inventory to the Secretary of State by July 1, 2014, and every 6 months thereafter. Stipulates that the inventories include: (1) a description of the data, including a record layout; (2) the format, source, quality, and accuracy of the data; (3) whether the data is currently available to the public without a public records request and, if so, the format and location of the data; (4) a description of the data for which a public records request must be made in order to obtain it; (5) a description of all data that is confidential or exempt and the applicable statutory citations; and (6) an explanation of any data-sharing activities with any other agencies. Requires the Secretary of State to create a website for the posting of all inventories, stipulating that the website must include all inventories; the relationship of the data reported by one agency to that of other agencies; and a comparison of existing data distribution methods. “Agency” is defined to include the Legislature, the judiciary, and all state agencies, and “public data” is defined as “any public record made or received in connection with the official business of an agency, unless otherwise made confidential or exempt pursuant to law.” Sen. Jeff Brandes (R-St. Petersburg) 🙂

  • S. Governmental Operations and Oversight Committee: A strike-all amendment making minor changes is adopted. Reported favorably as a committee substitute. Now in S. Appropriations Subcommittee on Transportation, Tourism, and Economic Development.

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. Amends s. 1001.372(1), F.S. Companion to SB 134. Rep. Richard Stark (D-Weston) 🙂

  • H. Education Appropriations Subcommittee: Reported favorably. Now in H. Education Committee.

CS/SB 134 Public Meetings/School Boards: Requires school boards to hold at least one regular meeting each quarter during the evening hours, and to create written criteria for deciding when to do so. That bill stipulates that a school board will comply with the evening meeting requirement if it adopts a policy requiring that the portion of a regular meeting that is open to public comment begin no earlier than 4:30 p.m. 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. Companion to HB 127. Amends 1001.372, F.S. Sen. Jeremy Ring (D-Margate) 🙂

  • Senate: Passed the Senate by a vote of 39/1, with Sen. Chris Smith (D-Oakland Park) voting no. Now in H. Messages.

CS/HB 7027 Education Accountability: In pertinent part, requires the Board of Governors to provide the Department of Education all data within the State University Database System for integration into the K-20 data warehouse. Stipulates that the Commissioner of Education has unlimited access to such data for various purposes, including providing data to “organizations and authorized representatives.” Requires the Commissioner to collaborate with the Department of Economic Opportunity to develop procedures for tying student-level data to student and workforce outcome data contained in the Wage Record Interchange System. Companion to SB 878. H. Choice and Innovation Subcommittee WATCH

  • H. Education Committee: An amendment relating to Title I schools is adopted; reported favorably as a committee substitute. Now on H. Calendar.

HB 7089 Exemption/School Lunch Program: HB 7087 shifts responsibilities for the school lunch program from the State Board of Education regarding school food and nutrition programs. HB 7089 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 to SB 1756. H. Agriculture and Natural Resources Subcommittee

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

» «

If you have any questions about a particular bill, please feel free to call the First Amendment Foundation at 800-337-3518.

Leave a Reply

Member Login

Forgot Password?

Join Us

%d bloggers like this: