2013 Legislative Report for Period Ending March 15

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W Withdrawn from further consideration

For Period Ending March 15

ANIMAL CONTROL/HUMANE SOCIETIES

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 a fee of up to $1 per one-sided copy. Amends 823.15(1). Sen. Bill Montford (D-Tallahassee)

  • S. Agriculture Committee: Six amendments are adopted; reported favorably as a committee substitute. As amended, CS/SB 674 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. Now in S. Community Affairs Committee.

COLLEGES AND UNIVERSITIES

HB 359 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 SB 1276. Rep. Cary Pigman (R-Sebring)

  • H. Higher Education and Workforce Subcommittee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 359 creates an exemption for portions of 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. Now in H. Government Operations Subcommittee.

COURT RECORDS

HB 643 Clerks of Court/Records: In pertinent part, requires clerks of court to provide access to court records without charge to certain, specified persons involved in the judicial process, including guardians ad litem. 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. Amends ss. 28.345 and 119.0714, F.S. Rep. Ray Pilon (R-Sarasota)

  • H. Civil Justice Subcommittee: Three amendments are adopted; reported favorably as a committee substitute. As amended, CS/HB 643 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. Now in H. Justice Appropriations Subcommittee.

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. Civil Justice Subcommittee: Reported favorably. Now in H. Government Operations Subcommittee.

CRIMINAL JUSTICE

SB 542 Exemption/Human Trafficking Victims: Creates a public records exemption that might reveal the identity of a person who is a victim of human trafficking or a photograph, videotape, or image of any part of the body of a victim of human trafficking. Amends s. 119.071(2)(h). Sen. Oscar Braynon (D-Miami Gardens)

  • S. Criminal Justice Committee: Two minor amendments are adopted; reported favorably as a committee substitute. Now in S. Judiciary Committee.

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 Families Subcommittee: Reported favorably. Now in H. Government Operations Subcommittee. 🙁

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, F.S. Sen. Rene Garcia (R-Hialeah)

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

SB 1042 Exemption/Criminal Justice Commissions: Creates an exemption for portions of a “duly constituted criminal justice commission” meeting during which the commissioners discuses 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. Criminal Justice Committee: Reported favorably. Now in S. Governmental Oversight and Accountability Committee.

ECONOMIC DEVELOPMENT

HB 121 DEO Website: Requires the Department of Economic Opportunity to create a web page dedicated solely to the collection and publication of information regarding the creation of new businesses within the state or the expansion of existing businesses within the state for the purpose of providing (1) a comprehensive overview of conditions conducive to the creation or expansion of business; (2) allow prospective employers to evaluate the state’s business climate; and (3) provide prospective business owners immediate access to specific charges and costs related to conducting business. Companion to SB 670. Rep. Neil Combee (R-Auburndale)

  • H. Local & Federal Affairs Committee: A lengthy amendment, expanding the types of information that DEO is to collect and creating the Community of Economic Profitability Certification Program to promote economic development, job creation, business retention and expansion, and pro-business governing policies within the state, is adopted. Reported favorably as a committee substitute. Now in H. Transportation and Economic Development Appropriations Subcommittee.

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. Stipulates that the analysis must also evaluate the number of jobs created, the increase or decrease in personal income, and the impact on state gross domestic product from the direct, indirect, and induced effects of the state’s investment in each program over the previous 3 years. Companion to HB 641. Sen. Andy Gardiner (R-Orlando)

  • S. Appropriations Subcommittee on Transportation, Tourism, and Economic Development: Five amendments are adopted; reported favorably as a committee substitute. As amended, CS/SB 406, 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. Now in S. Appropriations Committee.

HB 563 Reporting Requirements – Economic Development Programs: Requires the Department of Economic Opportunity to create and maintain a website for the purpose of publishing certain, specified information concerning state investment in economic development programs. Requires the Office of Economic and Demographic Research to establish a methodology for calculations of the state’s return on investment in such programs, and to publish such information. Creates s. 288.076, F.S. Companion to SB 572. Rep. José Javier Rodríguez (D-Miami) 🙂

  • H. Transportation & Economic Development Appropriations Subcommittee: Reported favorably. Now in H. Economic Affairs Committee. 🙂

FINANCIAL TRANSPARENCY

SB 1150 Transparency/State Contracting: In pertinent part, amends s. 215.985, F.S., the Transparency Florida Act, requiring the Chief Financial Officer 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: the names of the contracting entities; the procurement method; the beginning and ending dates of the contract; the nature or type of commodities or services purchased; contract unit prices and deliverables; total compensation to be paid or received under the contract; all payments made to the contractor to date; applicable contract performance measures; if a no-bid contract, the justification for such action, including a citation to the statutory exemption from competitive solicitation; electronic copies of the contract and procurement documents, appropriately redacted; and any other information required by the CFO. Requires agencies to post modifications or amendments to existing contracts within 30 days, and provides procedures for redacting exempt information. Allows the CFO to audit agreements and contracts before the execution of such agreements or contracts. Companion to HB 1261. Sen. Lizbeth Benacquisto (R-Ft. Myers) 🙂

  • S. Governmental Oversight and Accountability Committee: Two technical amendments adopted; reported favorably as a committee substitute. Now in S. Banking and Insurance Committee. 🙂

SB 1764 Transparency in Government Spending: Makes significant amendments to s. 215.985, F.S, the Transparency Florida Act, first enacted in 2009, providing for greater fiscal transparency in two phases. Phase One requires the Executive Office of Governor (EOG), the Department of Management Services (DMS), and the Chief Financial Officer (CFO) to create and maintain various transparency websites, which are described below. Phase Two requires the User Experience Task Force to develop and recommend a design for consolidating existing state-managed financial transparency websites, including, if necessary, a complete redesign of data submission and inclusion. SB 1764 requires the Task Force to submit a work plan by October 1, 2013, which includes a review of: all relevant websites; options for reducing the number of sites; and options for linking expenditure data with related invoices and contracts. The Task Force’s final recommendation is due March 1, 2014, and the recommended design must allow for an “intuitive and cohesive” user experience allowing users to move easily between varied types of related data. S. Governmental Oversight and Accountability Committee 🙂

Under SB 1764, Phase One websites include:

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

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

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

  • the long-range financial outlook adopted by the Legislative Budget Commission;
  • instructions to agencies relating to legislative budget requests;
  • agency budget requests;
  • capital improvement plans;
  • long-range program plans; and
  • 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

  • name and salary or hourly rate of pay;
  • position number, class code, and class title; and
  • 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:

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

  • S. Appropriations Committee: Reported favorably. On S. Special Order Calendar 3/19. 🙂

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. Civil Justice Subcommittee: Reported favorably. Now in H. Government Operations Subcommittee.

OFFICIAL RECORDS

SB 462 Death Certificates: In pertinent part, creates s. 382.008(7), F.S., stipulating that permanent certificates of death or fetal death must be recorded in the official records books of each county, excluding information that is exempt from public disclosure. Companion to HB 173. Sen. Geri Thompson (D-Orlando)

  • S. Health Policy Committee: One amendment is adopted; reported favorably as a committee substitute. As amended CS/SB 462 creates 382.008(7), F.S., stipulating that permanent certificates of death or fetal death must be recorded in the official records books of each county. Requires the state registrar to submit a data file containing all permanent death and fetal certificates to the Florida Association of Court Clerks and Comptrollers, Inc., excluding any information that is exempt from the public records law, on a bi-monthly basis. Now in S. Community Affairs Committee.

PERSONAL INFORMATION

SB 452 OGSR/Organ and Tissue Registry – Donor Information: Reenacts, without 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

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

HB 7085 OGSR/Organ and Tissue Registry – Donor Information: Reenacts, without modification, the public record exemption information protecting the identity of organ and tissue donors. Reenacts s. 765.51551, F.S. Companion to SB 452. H. Government Operations Subcommittee.

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

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

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. S. Transportation Committee

PROPRIETARY INFORMATION

HB 823 Exemption/Insurance Solvency – 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 SB 834. Rep. Clay Ingram (R-Pensacola) ???

  • H. Insurance and Banking Subcommittee: Two amendments are adopted; reported favorably as a committee substitute. As amended, 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. Now in H. Government Operations Subcommittee. ???

SB 1776 Exemption/Fracturing Chemical Usage Disclosure Act – Trade Secrets: SB 1028 creates the Fracturing Chemical Usage Disclosure Act, directing the Division of Resource Management in DEP to establish an online hydraulic fracturing chemical registry. SB 1776 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 it be kept confidential and exempt and (2) inform the division of the basis for claim of trade secret. SB 1778 requires DEP to make a determination, subject to notice and an opportunity for a hearing, whether the information is truly a trade secret. Creates s. 377.45, F.S. Companion to HB 745. Sen. Jeff Clemens (D-Lake Worth)

HB 7095 Exemption/Citizens Property Insurance – Proprietary Business Information: HB 7093 creates the Citizen’s Property Insurance Corporation policyholder eligibility clearinghouse program. HB 7095 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. S. 627.3518, F.S. Companion to SB 1606. H. Insurance and Banking Subcommittee 🙁

PUBLIC EMPLOYEES

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)

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

HB 529 Exemption/DOH – Home Address: 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 SB 60. Rep. Doc Renuart (R-Ponte Vedra Beach)

  • H. Governmental Operations Subcommittee: Reported favorably. Now in H. Health and Human Services Committee.

SB 304 OGSR/Agency Employees – Victims of Domestic Violence or Sexual Violence: Reenacts, without modification, the public record exemption for personal identifying information contained in records provided by an agency employee that relate to acts of domestic or sexual violence. Reenacts s. 741.313, F.S. Companion to HB 7079. S. Criminal Justice Committee

  • S. Governmental Oversight and Accountability Committee: A proposed committee substitute making minor technical changes is adopted. Reported favorably as a committee substitute. Now in S. Rules Committee.

HB 7079 OGSR/Agency Employees – Victims of Domestic Violence or Sexual Violence: Reenacts, with minor technical modifications, the public record exemption for personal identifying information contained in records provided by an agency employee that relate to acts of domestic or sexual violence. Reenacts s. 741.313, F.S. Companion to SB 304. H. Government Operations Subcommittee

SCHOOLS

HB 127 Public Meetings/School Boards Meetings: In pertinent part, requires district school boards to hold at least one regular school board meeting after school hours or in the evening. Amends s. 1001.372(1), F.S. Companion to SB 134. Rep. Richard Stark (D-Weston) 🙂

  • H. K-12 Subcommittee: Reported favorably as a committee substitute with one amendment. As amended CS/HB 127 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. Now in H. Rulemaking Oversight and Repeal Subcommittee.

SB 878 Education Accountability: In pertinent part, states that the Commissioner of Education should interpret the Family Education Rights and Privacy Act (FERPA), which protects student academic information, “in the least restrictive manner possible” to allow data sharing and to provide research organizations and their authorized representatives access to student identifying information. Amends various sections of the K-20 Education Code. Companion to HB 7027. Sen. Bill Galvano (R-Bradenton) WATCH

  • S. Appropriations Committee: Three amendments, two of which are merely technical, are adopted; reported favorably as a committee substitute. As amended, 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.

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.

VOTER INFORMATION

HB 249 Exemption/Voter Email Address: HB 247 requires that the uniform statewide voter registration application be designed to elicit email addresses from voter registration applicants and registered voters. HB 249 creates a public record exemption for email addresses of voters and voter registration applicants. Amends s. 97.0585(1), F.S. Companion to SB 1260. Rep. Bryan Nelson (R-Apopka) 🙁

  • H. Local & Federal Affairs Committee: A minor technical amendment is adopted. Reported favorably as a committee substitute. Now in H. Local and Federal Affairs Committee.

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. Ethics and Elections Committee: A technical amendment is adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight and Accountability Committee.

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