2013 Legislative Session Final Report for Period Ending May 3

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2013 LEGISLATIVE SESSION
FINAL REPORT

For Period Ending May 3

What follows is a list of all the bills we tracked during the 2013 Legislative Session and the final action on each bill. You will find a description of each bill that passed the 2013 Legislature starting on page 7. Bills supported by the First Amendment Foundation are marked in GREEN, those opposed in RED.

ANIMAL CONTROL/HUMANE SOCIETIES

CS/SB 674 and CS/HB 997 Animal Shelter Records
Sen. Bill Montford (D-Tallahassee); Rep. Travis Cummings (R-Orange Park)

  • CS/SB 674 was approved by both chambers; CS/HB 997 was tabled. See CS/SB 674.

HB 839 and CS/SB 872 Transparency/Animal Shelters
Rep. Dave Kerner (D-Palm Springs); Sen. Joseph Abruzzo (D-Wellington)

  • Both bills died in committee.

COLLEGES AND UNIVERISTIES

CS/HB 359 and CS/SB 1276 Exemption/University DSOs
Rep. Cary Pigman (R-Sebring); Sen. Bill Montford (D-Tallahassee)

  • CS/HB 359 passed the House by a vote of 114/2, and died in S. Messages; CS/SB 1276 died in committee.

CS/HB 637 Exemption/College and University Executive Search Committees
Rep. John Tobia (R-Melbourne)

  • CS/HB 637 died on the H. Calendar.

COURT RECORDS

CS/SB 556 and CS/HB 643 Clerks of Court/Records
Sen. Jeremy Ring (D-Margate); Rep. Ray Pilon (R-Sarasota)

  • CS/SB 556 was approved by both chambers; CS/HB 643 was tabled. See CS/SB 556.

SB 610 and CS/HB 943 Exemption/Settlements on Behalf of Minors
Sen. Arthenia Joyner (D-Tampa); Rep. Elaine Schwartz (D-Hollywood)

  • SB 610 died in committee; CS/HB 943 passed the House unanimously and died in S. Messages.

CRIMINAL JUSTICE

CS/HB 361 and SB 1042 Exemption/Criminal Justice Commissions
Rep. Dave Kerner (D-Palm Springs); Sen. Joseph Abruzzo (D-Wellington)

  • CS/HB 361 passed both chambers; SB 1042 was tabled. See CS/HB 361.

SB 542 Exemption/Human Trafficking Victims
Sen. Oscar Braynon (D-Miami Gardens)

  • Died in committee.

HB 725 and SB 1680 Exemption/Child Abuse Death Review Committees
Rep. Gayle Harrell (R-Port St. Lucie); Sen. Thad Altman (R-Melbourne)

  • HB 725 passed both chambers; SB 1680 was tabled. See HB 725.

CS/SB 824 and HB 1183 Exemption/Forensic Behavioral Health Evaluations
Sen. Rene Garcia (R-Hialeah); Rep. Joe Gibbons (D-Pembroke Park)

  • CS/SB 824 passed the Senate unanimously and died in H. Messages; HB 1183 died in committee.

CS/SB 1014 and HB 1185 Exemption/Participants in Drug Court Treatment Programs
Sen. Rene Garcia (R-Hialeah); Rep. Joe Gibbons (D-Pembroke Park)

  • CS/SB 1014 passed the Senate unanimously and died in H. Messages; HB 1185 died in committee.

CS/HB 1327 and CS/SB 1734 Exemption/Criminal History – Human Trafficking Victims
Rep. Ross Spano (R-Riverview); Sen. Anitere Flores (R-Miami)

  • CS/HB 1327 passed both chambers; CS/SB 1734 was tabled. See CS/HB 1327.

DONORS

CS/SB 474 and HB 7143 OGSR/Donors – Department of Veterans’ Affairs
S. Military and Veteran Affairs Committee; H. Government Operations Subcommittee

  • CS/SB 474 was tabled; HB 7143 passed both chambers. See HB 7143.

HB 1311 Exemption/ Donors – DMS Direct Support-Organization
Sen. Ben Albritton (R-Bartow)

  • Died in committee.

ECONOMIC DEVELOPMENT

CS/HB 121 and HB 670 DEO Website
Rep. Neil Combee (R-Auburndale); Sen. Jeff Brandes (R-St. Petersburg)

  • Both bills died in committee. But see CS/SB 406.

CS/SB 406 and HB 641 Economic Development Programs Evaluation
Sen. Andy Gardiner (R-Orlando); Rep. Ray Rodrigues (R-Fort Myers)

  • CS/SB 406 passed both chambers; HB 641 died in committee. See CS/SB 406.

CS/HB 563 and CS/SB 572 Reporting Requirements/Economic Development Programs
Rep. José Rodríguez (D-Miami); Sen. Eleanor Sobel (D-Hollywood)

  • Both bills died in committee. But see CS/SB 406.

CS/SB 1024 and CS/HB 7007 DEO and Economic Development
S. Commerce and Tourism Committee; H. Economic Development and Tourism Subcommittee

  • CS/SB 1024 was tabled; CS/HB 7007 passed both chambers. See CS/HB 7007.

ETHICS AND ELECTIONS

CS/SB 2 and HB 7131 Financial Disclosure
S. Ethics and Elections Committee; H. Ethics and Elections Subcommittee

  • CS/SB 2 passed both chambers; HB 7131 was tabled. See CS/SB 2.

CS/SB 4 and HB 7133 Exemption/Ethics Referrals
S. Ethics and Elections Committee; H. Ethics and Elections Subcommittee

  • CS/SB 4 passed both chambers; HB 7133 was tabled. See CS/SB 4.

HB 287, HB 381 and SB 652 Exemption/Ethics Referrals
Rep. Charles McBurney (R-Jacksonville); Rep. Michael Clelland (D-Longwood); Sen. Nancy Detert (R-Venice)

  • All three bills died in committee.

HB 297 Exemption/Ethics – Legal Sufficiency
Rep. Mike Fasano (R-New Port Richey)

  • Died in committee.

FINANCIAL INFORMATION

HB 403 and SB 1152 Exemption/Bidder Financial Statements
Rep. Holly Raschein (R-Key Largo); Sen. Gwen Margolis (D-Miami)

  • Both bills died in committee.

CS/SB 1868 and CS/HB 7135 Exemption/OFR – Payment Instrument Transactions
Sen. Aaron Bean (R-Jacksonville)

  • CS/SB 1868 was tabled; CS/HB 7135 passed both chambers. See CS/HB 7135.

FINANCIAL TRANSPARENCY

CS/SB 1150 and CS/HB 1309 Transparency/State Contracting
Sen. Lizbeth Benacquisto (R-Ft. Myers); H. Government Operations Subcommittee

  • CS/SB 1150 was tabled; CS/HB 1309 passed both chambers. See CS/HB 1309.

HB 1261 Transparency/State Contracting
Rep. Jose Diaz (R-Miami)

  • Died in committee. But see CS/HB 1309.

SB 1764 Transparency in Government Spending
S. Governmental Oversight and Accountability

  • Passed the Senate unanimously and died in H. Messages. But see HB 5401.

HB 5401 Government Transparency
H. Government Operations Appropriations Subcommittee

  • Passed both chambers. See HB 5401.

GENERAL GOVERNMENT

CS/SB 84 and CS/HB 85 Public-Private Partnerships
Sen. Miguel Diaz de la Portilla (R-Miami); Rep. Greg Steube (R-Sarasota)

  • CS/SB 84 was tabled; CS/HB 85 passed both chambers. See CS/HB 85.

INSURANCE

SB 1886 Exemption/Bodily Injury Liability
S. Banking and Insurance Committee

  • Died in committee.

INVESTIGATIONS

CS/HB 1075 and CS/SB 1318 Exemption/Complaint of Employee Misconduct
Rep. Ricardo Rangel (D-Kissimmee); Sen. Darren Soto (D-Kissimmee)

  • CS/HB 1075 passed both chambers; CS/SB 1318 was tabled. See CS/HB 1075.

HB 1297 and CS/SB 1496 Exemption/False Claims Act Investigations
Rep. Dana Young (R-Tampa); Sen. John Thrasher (R-St. Augustine)

  • HB 1297 passed both chambers; CS/SB 1496 was tabled. See HB 1297.

SB 1800 and HB 7145 OGSR/Investigations – Employment Discrimination Complaints
S. Governmental Operations Subcommittee; H. Government Operations Subcommittee

  • SB 1800 was tabled; HB 7145 passed both chambers. See HB 7145.

SB 1848 Exemption/Inspector General – Citizens Property Insurance
S. Banking and Insurance Committee

  • Passed the Senate by a vote of 38/1; died in H. Messages.

MEDICAL INFORMATION

SB 1214 Exemption/Medical Use of Marijuana
Sen. Jeff Clemens (D-Lake Worth)

  • Died in committee.

SB 1486 Exemption/Mental Health Records – Firearms
Sen. Chris Smith (D-Oakland Park)

  • Died in committee.

OFFICIAL RECORDS

HB 173 and SB 462 Death Certificates
Rep. Hazel Rogers (D-Lauderhill); Sen. Geri Thompson (D-Orlando)

  • Both bills died in committee.

PERSONAL INFORMATION

SB 452 and HB 7085 OGSR/Organ and Tissue Registry – Donor Information
S. Health Policy Committee; H. Government Operations Subcommittee

  • SB 452 passed both chambers; HB 7085 was tabled. See SB 452.

SB 1066 and HB 1115 Exemption/Dental Workforce Surveys
Sen. Garrett Richter (R-Naples); Rep. Alan Williams (D-Tallahassee)

  • HB 1115 was tabled; SB 1066 passed the Senate and died on the H. Calendar.

CS/HB 1333 and SB 1424 Exemption/Driver Toll Information
Rep. Mike La Rosa (R-Saint Cloud); Sen. Greg Evers (R-Crestview)

  • CS/HB 1333 was tabled; SB 1424 passed the Senate and died on the H. Calendar

CS/SB 1768 and HB 7107 OGSR/Personal Information – Paratransit Services
S. Transportation Committee; H. Government Operations Subcommittee

  • CS/SB 1768 passed both chambers; HB 7107 was tabled. See CS/SB 1768.

PROPRIETARY INFORMATION

CS/HB 649 and CS/SB 714 Exemption/Electric Utility – Proprietary Business Information
Rep. W. Travis Cummings (R-Orange Park); Sen. David Simmons (R-Altamonte Springs)

  • CS/HB 649 passed both chambers; CS/SB 714 was tabled. See CS/HB 649.

CS/HB 745 and SB 1776 Exemption/Fracturing Chemical Usage Disclosure Act – Trade Secrets
Rep. Ray Rodrigues (R-Fort Myers); Sen. Jeff Clemens (D-Lake Worth)

  • CS/HB 745 died on the H. Calendar; SB 1776 died in committee.

CS/HB 823 and CS/SB 834 Exemption/Insurance Solvency – Proprietary Business Information
Rep. Clay Ingram (R-Pensacola); Sen. David Simmons (R-Altamonte Springs)

  • CS/HB 823 died on the H. Calendar; CS/SB 834 passed the Senate and died in H. Messages.

CS/SB 984 and CS/HB 1085 Exemption/Natural Gas Storage – Proprietary Business Information
Sen. Garrett Richter (R-Naples); Rep. Dane Eagle (R-Cape Coral)

  • CS/SB 984 was tabled; CS/HB 1085 passed both chambers. See CS/HB 1085.

SB 1606 and HB 7095 Exemption/Citizens Property Insurance – Proprietary Business Information
Sen. Garrett Richter (R-Naples); H. Insurance and Banking Subcommittee

  • SB 1606 died in committee; HB 7095 died on the H. Calendar.

SB 1850 Exemption/Citizens Property Insurance – Proprietary Business Information
S. Banking and Insurance Committee; H. Insurance and Banking Subcommittee

  • SB 1850 passed both chambers. See SB 1850.

PUBLIC EMPLOYEES

CS/SB 60 and CS/HB 529 Exemption/DOH – Home Addresses
Sen. Alan Hayes (R-Umatilla); Rep. Doc Renuart (R-Ponte Vedra Beach)

  • CS/SB 60 passed the Senate and died on the H. Calendar; CS/HB 529 was tabled.

CS/SB 304 and HB 7079 OGSR/Victims of Domestic Violence
S. Criminal Justice Committee; H. Government Operations Subcommittee

  • CS/SB 304 was tabled; HB 7079 passed both chambers. See HB 7079.

CS/SB 376 and CS/HB 731 Exemption/Spouse Names
Sen. Alan Hayes (R-Umatilla); Rep. Dave Kerner (D-Palm Springs)

  • CS/SB 376 was tabled; CS/HB 731 passed both chambers. See CS/HB 731.

PUBLIC RECORD DATA

CS/SB 1004 and HB 1133 Inventory of Public Data
Sen. Jeff Brandes (R-St. Petersburg); Rep. J.W. Grant (R-Tampa)

  • Both bills died in committee.

RIGHT TO SPEAK

CS/HB 23 and CS/SB 50 Right to Speak
Rep. Ray Rodrigues (R-Fort Myers); Sen. Joe Negron (R-Palm City)

  • CS/HB 23 was tabled; CS/SB 50 passed both chambers. See CS/SB 50.

SCHOOLS

CS/HB 127 and CS/SB 134 Meetings/School Boards
Rep. Richard Stark (D-Weston); Sen. Jeremy Ring (D-Margate)

  • CS/HB 127 died on the H. Calendar; CS/SB 134 passed the Senate and died on the H. Calendar.

SB 800 and HB 991 Exemption/School After-Drill Reports
Sen. Jeff Brandes (R-St. Petersburg); Rep. Ray Rodrigues (R-Fort Meyers)

  • SB 800 died in committee; HB 991 died on the H. Calendar.

CS/SB 878 and CS/HB 7027 Education Accountability
Sen. Bill Galvano (R-Bradenton); H. Choice and Innovation Subcommittee

  • CS/SB 878, passed the Senate, was amended by the House, returned to the Senate where it died in H. Conference Committee. CS/HB 7027 died on the H. Calendar.

SB 1656 Exemption/School Safety Marshals
Sen. Aaron Bean (R-Jacksonville)

  • Died in committee.

CS/SB 1756 and HB 7089 Exemption/School Lunch Program
Sen. Bill Montford (D-Tallahassee) H. Agriculture and Natural Resources Subcommittee

  • CS/SB 1756 was tabled; HB 7089 passed both chambers. See HB 7089.

HB 7161 Exemption/Student Learning Growth Data
H. Education Committee

  • Died in committee.

VOTER INFORMATION

CS/HB 249 and CS/SB 1260 Exemption/Voter Email Address
Rep. Bryan Nelson (R-Apopka); Sen. Jeremy Ring (D-Margate)

  • CS/HB 249 passed both chambers; CS/SB 1260 was tabled. See CS/HB 249.

OPEN GOVERNMENT BILLS PASSED IN 2013 SESSION

  1. CS/SB 2 Ethics – Public Records Training/Complaint Disclosure: In pertinent part, requires mandatory training in open records and open meeting law annually for “constitutional officers” including the Governor, the Lieutenant Governor, the Attorney General, the Chief Financial Officer, the Commissioner of Agriculture, state attorneys, public defenders, sheriffs, tax collectors, property appraisers, supervisors of elections, clerks of the circuit court, county commissioners, district school board members, and superintendents of schools. Requires the Ethics Commission to provide access to financial disclosure forms through a searchable internet database. Also, amends s. 112.324, F.S., preventing the disclosure of an ethics complaint or referral within 30 days of an election unless the complaint or referral is based on personal information or information other than hearsay. Currently, the law prohibits disclosure of such information within 5 days of an election. Creates s. 112.3142, F. S., and amends s. 112.324. S. Ethics and Elections DOES NOT CREATE AN EXEMPTION
    ► Passed both chambers unanimously and ordered enrolled. Approved by the Governor. Chapter No. 2013-36.
  2. CS/SB 4 Exemption/Ethics – Written Referrals: Creates a public record exemption for written referrals and related records held by the Ethics Commission, the Governor, FDLE, or state attorneys. Also exempts records relating to preliminary investigations of such referrals held by the Commission. Creates an exemption for Commission proceedings at which referrals are discussed or acted upon. Stipulates that the exemptions apply until the complaint is dismissed as legally insufficient, the subject of the referral requests that the records be made public, the Commission determines it will not investigate the referral, or when probable cause is determined. Amends s. 112.324(2), F.S. S. Ethics and Election NEW
    ► Passed the Senate unanimously; passed the House by a vote of 112/1, with Rep. José Rodríguez (D-Miami) voting no. Ordered enrolled.
  3. 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. Sen. Joe Negron (R-Palm City) DOES NOT CREATE AN EXEMPTION
    ► Passed the Senate unanimously; passed the House by a vote of 113/2, with Reps. John Tobia (R-Melbourne) and Barbara Watson (D-Miami Gardens) voting no. Ordered enrolled.
  4. CS/HB 85 Public-Private Partnerships: In pertinent part, HB 85 creates the Public Facilities and Infrastructure Act Guidelines Task Force to recommend guidelines for the Legislature to consider in the creation of a uniform process for establishing public-private partnerships. As part of its responsibilities, the Task Force would study current exemptions from public records and public meetings requirements and evaluate whether changes to existing law are necessary or if new exemptions should be created to maintain the confidentiality of financial and proprietary information received as part of an unsolicited bid proposal for a public private-partnership. Creates s. 287.05712, F.S. Rep. Greg Steube (R-Sarasota) DOES NOT CREATE AN EXEMPTION
    ► Passed the House by a final vote of 111/4; passed the Senate unanimously. Ordered enrolled.
  5. CS/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. CS/HB 249 creates a public record exemption for email addresses of registered voters and voter registration applicants held by an agency and obtained for the purpose of voter registration. Amends s. 97.0585(1), F.S. Rep. Bryan Nelson (R-Apopka) NEW
    ► Passed the House by a vote of 114/1, with Rep. Michelle Rehwinkel Vasilinda (D-Tallahassee) voting no; passed the Senate by a vote of 36/1, with Sen. Rob Bradley (R-Orange Park) voting no. Ordered enrolled.
  6. 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 foreseeably come before the commission. Rep. Dave Kerner (D-Palm Springs) NEW
    ► Passed the House unanimously; passed the Senate by a vote of 35/1, with Sen. Tom Lee (R-Brandon) voting in opposition. Ordered enrolled.
  7. CS/SB 406 Economic Development Program Evaluation: In pertinent part:
    (1) Economic Development Program Evaluation: Requires the Office of Economic and Demographic Research (OEDR) 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, evaluating and determining the economic benefits of each program over the previous three years. Requires OEDR to evaluate and determine the economic benefits of each program over the previous three years, including 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. OPPAGA is required to evaluate each program over the previous three years for its effectiveness and value to Florida taxpayers, and must make recommendations on each program for legislative consideration.
    (2) Economic Incentive Program Evaluation: Requires the Office of Economic Development (OED) to review and evaluate the economic benefits of each economic development incentive application. Stipulates that economic development incentive applications cannot be approved unless the application includes a written declaration by the applicant which states that the information provided is true, correct, and complete.
    (3) Return on Investment Reporting: Requires OED to maintain a public and searchable website for the purpose of publishing certain, specified information on each project within 48 hours after expiration of the confidentiality for project information. Reported information for each project must include projected economic benefits; specified project information; participant business information; project evaluative criteria; project performance goals; and the total state investment to date. OED must also publish contracts or agreements, as well as reports of findings and recommendations concerning a business’s failure to complete a tax refund agreement pursuant to the tax refund program for qualified target industry businesses.
    CS/HB 406 also contains reporting requirements for participants in certain economic development and incentive programs. Sen. Andy Gardiner (R-Orlando) DOES NOT CREATE AN EXEMPTION
    ► The Conference Committee report on CS/SB 406 passed both chambers unanimously. Ordered enrolled.
  8. 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. S. Health Policy Committee
    ► Passed both chambers unanimously. Ordered enrolled.
  9. CS/SB 556 Clerks of Court/Records: In pertinent part, allows a clerk of court to provide requested public 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. Authorizes clerks of court to charge a fee for providing electronic copies of public records under s. 28.24. In addition, the bill requires a clerk of court to provide access to public records without charge to state attorneys, public defenders, guardians ad litem, and others involved in the criminal justice system. 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. Amends ss. 28.24, 28.345 and 119.0714, F.S. Sen. Jeremy Ring (D-Margate) DOES NOT CREATE AN EXEMPTION
    ► Passed both chambers unanimously. Ordered enrolled.
  10. 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 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. Stipulates that all proprietary confidential business information must be retained for one year after the due diligence review has been completed. Creates s. 119.0713(4), F.S. Rep. W. Travis Cummings (R-Orange Park) NEW
    ► Passed the House by a vote of 109/8; passed the Senate unanimously. Ordered enrolled.
  11. 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. Amends 823.15(1). Sen. Bill Montford (D-Tallahassee) DOES NOT CREATE AN EXEMPTION
    ► Passed both chambers unanimously and ordered enrolled. Approved by the Governor. Chapter No. 2013-32.
  12. 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) DOES NOT CREATE AN EXEMPTION
    ► Passed the House by a vote of 88/26; passed the Senate by a vote of 33/6. Ordered enrolled.
  13. CS/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, state attorneys, assistant state attorneys, statewide prosecutors, assistant statewide prosecutors, and certain employees of the Department of Children and Families, Department of Health, and the Department of Revenue. Also exempts the names of spouses and children of state attorneys, assistant state attorneys, statewide prosecutors, and assistant statewide prosecutors. Amends s. 119.071(4)(d)2, F.S. Rep. Dave Kerner (D-Palm Springs) NEW
    ► Passed the House by a vote of 107/4, with Reps. Erik Fresen (R-Miami), John Tobia (R-Melbourne), James Waldman (D-Coconut Creek), and Ritch Workman (R-Melbourne) voting no. Passed the Senate unanimously. Ordered enrolled.
  14. CS/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). Rep. Ricardo Rangel (D-Kissimmee) NEW
    ► Passed the House by a vote of 85/30; passed the Senate unanimously. Ordered enrolled.
  15. CS/HB 1085 Exemption/Natural Gas Storage – Proprietary Business Information: 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. Rep. Dane Eagle (R-Cape Coral) NEW
    ► Passed the House by a vote of 97/16; passed the Senate by a vote of 36/1, with Sen. Rob Bradley (R-Orange Park) voting no. Ordered enrolled.
  16. 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. Creates s. 68.083(8), F.S. Rep. Dana Young (R-Tampa) NEW
    ► Passed both chambers unanimously. Ordered enrolled.
  17. CS/HB 1309 Procurement of Commodities and Contractual Services: In pertinent part, creates s. 119.0701, F.S., requiring all public agency contracts for services include a provision requiring contractors to comply with Florida’s public records law, including access, maintenance, and retention requirements. Also creates s. 287.316, requiring the Chief Financial Officer to perform audits of contract documents and related contract manager records to ensure that adequate internal controls are in place for complying with the terms of the contract. Creates ss. 119.0701 and 287.316, F.S. H. Government Operations Subcommittee DOES NOT CREATE AN EXEMPTION
    ► Passed both chambers unanimously. Ordered enrolled.
  18. CS/HB 1327 Exemption/Criminal History – Human Trafficking Victims: HB 1325 provides for the court-ordered expungement of a human trafficking victim’s criminal history. HB 1327 creates a public record exemption for the criminal history record, preventing disclosure of any record of a human trafficking victim’s criminal history that has been expunged by a court order. Allows access under certain specified conditions. Creates s. 943.0583(9). Rep. Ross Spano (R- Riverview) NEW
    ► Passed both chambers unanimously. Ordered enrolled.
  19. 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. S. Transportation Committee
    ► Passed the Senate by a vote of 37/1, with Sen. Arthenia Joyner (D-Tampa) voting no. Passed the House unanimously and ordered enrolled.
  20. SB 1850 Exemption/Citizens Property Insurance – Proprietary Business Information: SB 1770 creates the Citizen’s Property Insurance Corporation policyholder eligibility clearinghouse program. SB 1850, as amended on the Senate floor, creates a public record exemption for proprietary business information provided to the Citizen’s clearinghouse. Defines “proprietary business information” as information owned or controlled by an insurer which is (1) identified by the insurer as proprietary and is treated by the insurer as private in that disclosure would cause harm to the insurer’s business interests and has not otherwise been disclosed; and (2) not otherwise readily ascertainable or otherwise publicly available. Proprietary business information can include trade secrets and information relating to competitive interests, the disclosure of which would impair the competitive business of the insurer. Allows disclosure under certain, specified conditions. Amends s. 627.3518, F.S. S. Banking and Insurance Committee NEW
    ► Passed the Senate, as amended, by a vote of 36/2, with Sens. Arthenia Joyner (D-Tampa) and John Thrasher (R-St. Augustine) voting no. Passed the House by a vote of 109/5 and ordered enrolled.
  21. HB 5401 Transparency in State Contracting: HB 5401, as amended by Conference Committee Report, contains two parts, the first amending s. 215,985, F.S., the Transparency Florida Act, and the second creating the User Experience Task Force.
    Part I: As amended, s. 215.985, F.S., requires:
    (a) Appropriations: The Executive Office of the Governor (EOG) to create and maintain a website providing information relating to the approved operating budget for each branch of state government and all state agencies. Such website much include: (1) disbursement data for each appropriation; (2) adjustments, including vetoes, for each appropriation; (3) status of spending authority for each appropriation; (4) position and rate information for positions provided for in the General Appropriations Act and positions established in the legislative branch; (5) allotments for planned expenditures of state appropriations established by state agencies; (6) trust fund balance reports; (7) general revenue fund balance reports; (8) fixed capital outlay project data; (9) a 10-year history of appropriations by agency; (10) links to state audits or reports; and (11) links to program or activity descriptions for which funds may be expended. Stipulates that all such data must be accessible to the public for 10 years.
    (b) Fiscal Planning: The EOG to create and maintain a website providing information relating to fiscal planning for the state, including the: (1) long-range financial outlook adopted by the Legislative Budget Commission; (2) instructions to agencies relating to legislative budget requests, capital improvement plans, and long-range program plans; (3) legislative budget requests; (4) capital improvement requests; (5) long-range improvement plans; and (6) Governor’s budget recommendations. Stipulates that all such data be searchable by fiscal year, agency, appropriation category, and keywords, and that the data must be publicly accessible for 10 years.
    (c) State Workforce: The Department of Management Services (DMS) to create and maintain a website providing current information relating to each employee or officer of a state agency, a state university, or the State Board of Administration.
    (d) Contract Tracking System: The Chief Financial Officer (CFO) to create and maintain a 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 beginning and ending dates of the contract; (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.
    (e) Alternate Contract Tracking System: Allows the Department of Legal Affairs and the Department of Agriculture and Consumer Services to post the same information posted under the CFO’s contract tracking website on their own agency-maintained websites in lieu of posting to the CFO’s site.
    Part II creates the User Experience Task Force to develop and recommend a design for consolidating existing state-managed transparency websites into a single website. The Task Force must submit a work plan by October 1, 2013, and final recommendations by March 1, 2014. H. Government Operations Subcommittee DOES NOT CREATE AN EXEMPTION
    ► The Conference Committee Report for HB 5401 passed both chambers unanimously. Ordered enrolled.
  22. CS/HB 7007 Economic Development: In pertinent part, amends s. 443.1715, F.S., stipulating that any person who receives exempt unemployment compensation information has committed a second degree misdemeanor. H. Economic Development and Tourism Subcommittee DOES NOT CREATE AN EXEMPTION
    ► Ultimately, passed the House by a vote of 68/48; passed the Senate by a vote of 37/3. Ordered enrolled.
  23. 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. H. Government Operations Subcommittee
    ► Passed both chambers unanimously. Ordered enrolled.
  24. 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. H. Agriculture and Natural Resources Subcommittee NEW
    ► Passed both chambers unanimously. Ordered enrolled.
  25. CS/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 which identifies a licensee, payor, payee, or conductor contained in the database held by OFR. Creates 560.312, F.S. H. Insurance and Banking Subcommittee NEW
    ► Passed the House unanimously; passed the Senate by a vote of 38/1, with Sen. Rob Bradley (R-Orange Park) voting no. Ordered enrolled.
  26. 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. H. Government Operations Subcommittee
    ► Passed both chambers unanimously. Ordered enrolled.
  27. 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. H. Government Operations Subcommittee
    ► Passed both chambers unanimously. Ordered enrolled.

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