2013 Legislative Report for Period Ending March 22

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W Withdrawn from further consideration

For Period Ending March 22

COLLEGES AND UNIVERSITIES

HB 637 Exemption/College and University Search Committees: Creates a public record exemption for applications submitted to an executive search committee by applicants for positions within the Florida College System or a state university. Creates s. 1004.097, F.S. Rep. John Tobia (R-Melbourne) 🙁

  • H. Higher Education and Workforce Subcommittee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 637 creates a public record exemption for personal identifying information, or any document containing personal identifying information of an applicant for president, provost, or dean of any state university or college. Now in H. Government Operations Subcommittee. 🙁

SB 1276 Exemption/University DSOs: Stipulates that board meetings of a university direct-support organization (DSO) at which the expenditures 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. Education Committee: A minor amendment is adopted; reported favorably as a committee substitute. Now in S. Governmental and Accountability 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. Governmental Oversight and Accountability Committee: Two technical amendments are adopted; reported favorably as a committee substitute. Now in S. Appropriations Subcommittee on Finance and Tax.

CRIMINAL JUSTICE

CS/HB 361 Exemption/Criminal Justice Commissions: Creates an exemption for those portions of meetings of a “duly constituted criminal justice commission” during which commissioners discuss active criminal intelligence or investigative information if such information is currently before the commission or may foreseeeably come before the commission. Companion to SB 1042. Rep. Dave Kerner (D-Palm Springs)

  • H. Government Operations Subcommittee: Reported favorably. Now in H. Judiciary Committee.

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

HB 1183 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 824. Rep. Joe Gibbons (D-Pembroke Park)

  • H. Healthy Families Subcommittee: Reported favorably. Now in H. Criminal Justice Subcommittee.

HB 1327 Exemption/Criminal History – Human Trafficking Victims: SB 1644 provides for the court-ordered expungement of a 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 by a court order. Creates s. 943.0583(9). Companion to SB 1734. Rep. Ross Spano (R- Riverview)

  • H. Criminal Justice Subcommittee: Reported favorably. Now in H. Government Operations Subcommittee.

DONORS

SB 474 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. S. Military Affairs, Space, and Domestic Security

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

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)

  • S. Appropriations Committee: Two minor, technical amendments are adopted; reported favorably as a committee substitute. Now on S. Calendar.

FINANCIAL INFORMATION

SB 1152 Exemption/Bidder Financial Statements: Currently, s. 119.071(1)(c), F.S., provides an exemption for financial statements required of a prospective bidder in order to prequalify for bidding, or for responding to a proposal for road and other public works projects. SB 1152 amends and expands the exemption to create a public record exemption for all required financial statements submitted when responding to an invitation to bid, submitting a letter of interest, or responding to a request for proposals or an invitation to negotiate pursuant to a public procurement. SB 1152 also provides a public record exemption for “any financial information” that a company sends to an agency, with the exception of publicly-traded companies and non-profit companies. Amends s. 119.071(1)(c), F.S. Companion to HB 403. Sen. Gwen Margolis (D-Miami) 🙁

  • S. Community Affairs Committee: Reported favorably. Now in S. Governmental Oversight and Accountability Committee. 🙁

HUMANE SOCIETIES

CS/SB 872 Transparency/Animal Shelters: Creates the Transparency in Animal Shelters Act, requiring animal shelters and humane societies that euthanize dogs or cats to compile monthly and annual summaries of the number of animals, by species type (1) on hand at the beginning of each reporting period; (2) surrendered by owners; (3) impounded as strays; (4) confiscated by animal control; (5) transferred to the facility from other shelters or rescue group; (6) dead on arrival; (7) returned to their owner; (8) adopted; (9) transferred to another organization or rescue group; (10) that died or were lost or stolen; and (11) remain in custody at the end of the reporting period. Requires the executive director to sign and verify the accuracy of such reports and stipulates that the verified summaries be posted on the shelter’s or society’s website within 5 days of the first day of each month. Creates s. 823.15, F.S. Companion to HB 839. Sen. Joseph Abruzzo (D-Wellington) 🙂

  • S. Agriculture: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 872 maintains all the provisions of the original bill. Additionally, the amended bill requires each facility to ensure that within five business days after the first day of the month that all statistics are available on the facility’s website and are accessible to the public in accordance with the public record laws including hard copy format. Now in S. Community Affairs Committee. 🙂

INVESTIGATIONS

HB 1075 Exemption/Complaints 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 SB 1318. Rep. Ricardo Rangel (D-Kissimmee)

  • H. Government Operations Subcommittee: A strike-all amendment making minor, technical changes is adopted; reported favorably as a committee substitute. Now in H. State Affairs Committee.

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. Government Operations Subcommittee: Reported favorably. Now in H. Judiciary 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. Judiciary Committee: A strike-all amendment making minor, technical changes is adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight and Accountability 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. Rules Committee: Reported favorably. Now on S. Calendar.

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 Quality Subcommittee: Reported favorably. Now in H. Government Operations Subcommittee.

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. Transportation and Highway Safety Subcommittee: Reported favorably. Now in H. Government Operations Subcommittee.

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.

  • 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 7107 OGSR/Personal Information – Paratransit Services: Companion to SB 1768. H. Government Operations Subcommittee.

PROPRIETARY INFORMATION

CS/HB 649 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/HB 649 defines “proprietary confidential business information” as information provided to an electric utility by an entity which is treated 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 SB 714. Rep. W. Travis Cummings (R-Orange Park)

  • H. Government Operations Subcommittee: Reported favorably. Now in H. Regulatory Affairs Committee.

HB 1085 Exemption/Natural Gas Storage – Proprietary Business Information: HB 1083 authorizes the Department of Environmental Protection (DEP) to issue permits for underground natural gas storage facilities. HB 1085 creates 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 SB 984. Rep. Dane Eagle (R-Dane)

  • H. Agriculture and Natural Resources Subcommittee: A strike-all amendment is adopted; reported favorably as a committee substitute. 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. Now in H. Government Operations Subcommittee.

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)

  • S. Rules Committee: Reported favorably. 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. Amends s. 119.071(4)(d)2, F.S. Rep. Dave Kerner (D-Palm Springs) 🙁

  • H. Criminal Justice Committee: A minor technical amendment is adopted. Reported favorably as a committee substitute. Now in H. Government Operations Subcommittee. 🙁

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

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

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

RIGHT TO SPEAK

CS/SB 50 Public Meetings/Right to Speak: As amended, CS/SB 50 defines “board or commission” as a board or commission of any state agency or authority of a county, municipality, or political subdivision. Requires boards and commissions to provide members of the public with a reasonable opportunity to speak before a board or commission makes a final decision, subject to reasonable rules of the board or commission to ensure reasonable conduct. The right to speak would not apply to certain situations including an official act related to an emergency situation, a ministerial act, any meeting that is exempt from the open meetings law under s. 286.011, F.S., and quasi-judicial meetings with respect to the rights or interests of a person. Stipulates that the opportunity to speak must be within a reasonable proximity in time before the meeting at which a board or commission makes its decision. Requires the assessment of reasonable attorney fees if a court finds that an agency violated the right to speak, but stipulates that any action taken will not be void as a result of the violation. Creates s. 286.0114, F.S. Companion to HB 23. Sen. Joe Negron (R-Palm City) 🙂

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

SCHOOLS

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. Companion to HB 127. Sen. Jeremy Ring (D-Margate) 🙂

  • S. Governmental Oversight and Accountability Committee: An amendment stipulating that a school board will be in compliance 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., is adopted. Reported favorably as a committee substitute. Now on S. Calendar.

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. K-12 Subcommittee: Reported favorably. Now in H. Government Operations Subcommittee. ???

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

HB 7027 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 SB 878. H. Choice and Innovation Subcommittee WATCH

  • H. Education Appropriations Subcommittee: An amendment making substantive changes to the bill is adopted; reported favorably as a committee substitute. As amended, CS/HB 7027, 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. Now in H. Education Committee.

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