LEGISLATIVE REPORT

= Good, and = Bad

HB 95 Public Libraries and Obscenity:   Requires all libraries that provide public access to the Internet to install and maintain computer software that prohibits access to materials containing obscene descriptions, photographs, or depictions on at least half of the library’s public-use computers. Identical to SB 392 and SB 404. Rep. Allen Trovillion (R-Winter Park)
    *   H. Juvenile Justice Committee:   Reported favorably. Now in H. Fiscal Policy.

HB 147 Citizen’s Right to Honest Government:   In pertinent part, HB 147 prohibits the disclosure of active criminal investigative or intelligence information by a "public servant" with the intention of obstructing, impeding, or preventing a criminal investigation or prosecution if the information is not available to the general public and is gained by reason of the public servant’s official position. Also prohibits the disclosure of material information concerning a bid or other aspects of the competitive bidding process when such information is not publicly disclosed, and the concealment, destruction, mutilation, or alteration of any official record or document. Finally, stipulates that a person who provides information regarding suspected criminal violations committed by a public servant shall be considered a confidential informant or confidential source. No Senate companion. Rep. Randy Ball (R-Titusville)
    *   H. Judicial Oversight Committee:   Reported favorably. Now in H. Crime Prevention.

CS/HB 195 DOI/Delinquency Proceedings Records:   Creates an exemption for records of an insurer subject to delinquency proceedings made or received by the Department of Insurance (DOI), including: underwriting files, records that would be privileged or protected against discovery, medical records, non-managerial personnel and payroll records of the insurer; and claims information that identifies an insured or a claimant. Identical to SB 430. Rep. Anne Gannon (D-Delray Beach)
    *   H. State Administration Committee:   A "strike all" amendment making minor, technical changes is adopted; reported favorably with one amendment. Now in H. Council for Competitive Commerce.

HJR 327 Public Records & Meetings Exemptions:   Proposes an amendment to Article I, section 24, of the Florida Constitution, stipulating that any exemption by the Legislature to the public’s constitutional right of access must be passed by a two-thirds vote of each house. No Senate companion. Rep. John Carassas (R-Largo)
    *   H. Judicial Oversight Committee:   Reported favorably. Now in H. Rules.

CS/SB 378 Public Utility Records:   Creates a public records exemption for information held by a public utility company that would identify a customer of such utility, including name; social security number; address; telephone number; usage records; payment history; bank account, debit, charge or credit card numbers; and driver identification number. Similar to CS/HB 445. Sen. Stephen Wise (R-Jacksonville)
    *   S. Comprehensive Planning Committee:   A "strike all" amendment allowing access to usage records and payment history information is adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight.

CS/SB 430 DOI/Delinquency Proceedings Records:   Creates an exemption for records of an insurer subject to delinquency proceedings made or received by the Department of Insurance (DOI), including: underwriting files, records that would be privileged against discovery, medical records, non-managerial personnel and payroll records of the insurer; and claims information that identifies an insured or a claimant. Similar to CS/HB 195. Sen. Ron Klein (D-Delray Beach)
    *   S. Governmental Oversight Committee:   A "strike all" amendment making minor, technical changes to the bill is adopted; reported favorably as a committee substitute.

CS/HB 445 Public Utility Records:   As amended, creates a public records exemption for information held by a public utility company that would identify a customer of such utility, including name; social security number; address; telephone number; bank account, debit, charge or credit card numbers; and driver identification number. Allows access to usage records and payment history information. Similar to SB 378. Rep. Mike Hogan (R-Jacksonville)
    *   H. Council for Smarter Government:   A minor, technical amendment is adopted; reported favorably as a committee substitute (11/1; Rep. Brummer voting no). Now on the H. Calendar.

HB 543 Abandoned Property Records:   Creates a public record exemption for social security numbers and financial account numbers in reports to the Department of Banking and Finance of abandoned or unclaimed property. Similar to CS/SB 468. Rep. Nancy Detert (R-Venice)
    *   H. State Administration Committee:   A "strike all" amendment making minor, technical changes is adopted; reported favorably with one amendment.
    *   H. Council for Smarter Government:   Reported favorably. Now on the H. Calendar.

CS/SB 638 Health Care Records:   Creates a public records exemption for patient identifying information reported to the Department of Legal Affairs under the electronic system for monitoring the prescribing of controlled substances. Allows the Department to release the information under specified conditions. Identical to HB 699. Sen. Locke Burt (R-Ormond Beach)
    *   S. Health Committee:   A "strike all" amendment, making minor, technical changes to the bill, is adopted; reported favorably as a committee substitute. Now in S. Judiciary.

CS/HB 687 Personal Identifying Information/ParaTransit Services:   Creates a public records exemption for personal identifying information in records relating to an individual’s health or eligibility for paratransit services under the federal Americans with Disabilities Act that are made or received by local governments or their service providers. Allows for disclosure of the exempt information with the express written consent of the individual, in a medical emergency, or by order of a court upon a showing of good cause. Similar to SB 1534. Rep. Fred Brummer (R-Apopka)
    *   H. Council for Smarter Government:   An amendment deleting the exemption for information relating to a person’s eligibility for services is adopted; reported favorably as a committee substitute. Now on the H. Calendar.

HB 731 Aerial Applicators:   Creates a public records exemption for all names, addresses, and restricted-use license numbers of any person engaged in aerial application of pesticides, fertilizers, or seed; the FAA aircraft registration number of any aircraft used for aerial application; and the name and address of any person or entity that sells, lease, purchases, rents, or transfers any aircraft used for aerial application of such material. Similar to SB 970. H. Select Committee on Security
    *   H. State Administration Committee:   Reported favorably (3/2 - Reps. Brummer and Fasano voting no). Now in H. Council for Smarter Government.

HB 875 Physicians/Adverse Incident Reports:   Creates a public records exemption for information contained in notices of adverse incidents filed with the Department of Health (DOH) by physicians (pursuant to s. 458.351, F.S.) and osteopathic physicians. Also stipulates that the information in an adverse incident report may not be made available to the public as part of an investigation or disciplinary proceeding by DOH. "Adverse incident" is defined as an event over which the physician could exercise control resulting in death, brain or spinal damage, performance of a surgical procedure on the wrong patient, or performance of a wrong-site surgical procedure. Similar to SB 1600. Rep. Gus Bilirakis (R-Palm Harbor)
    *   H. Health Regulation Committee:   Reported favorably. Now in H. State Administration.

SB 1222 Abandoned Newborns:   Expands the exemption in s. 383.51, F.S., for the identity of parents leaving newborn infants at hospitals or fire stations to also include emergency medical services stations. Identical to HB 1067. Sen. Burt Saunders (R-Naples)
    *   S. Judiciary Committee:   A minor, technical amendment is adopted; reported favorably with one amendment. Now in S. Rules.

SB 1230 Bank Account & Charge Card Numbers:   Reenacts (and slightly modifies) a public record exemption for bank account numbers and debit, charge, and credit card numbers held by a government agency. A similar exemption sunsetted in October 2001 due to the Legislature’s failure to reenact the exemption during the 2001 session. (See HB 383 & SB 632, 2001 Session) No House companion. Sen. Ron Klein (D-Delray Beach)
    *   S. Governmental Oversight Committee:   Reported favorably. Now in S. Rules.

HB 1123 Criminal Use of Public Records:   Stipulates that a person who knowingly uses public records or information obtained from public records to further or facilitate the commission of a crime commits, in addition to the underlying offense, a first degree misdemeanor or third degree felony. Identical to SB 140. Rep. Roger Wishner (D-Plantation)

      IT’S A LITTLE OFFBEAT, BUT WE LIKE THE APPROACH THIS BILL TAKES--THAT IS, LET’S FOCUS ON THE MISUSE OF PUBLIC RECORDS RATHER THAN LIMITING THE PUBLIC’S CONSTITUTIONAL RIGHT OF ACCESS TO THOSE RECORDS. FILED IN RESPONSE TO RECOMMENDATIONS MADE BY THE TASK FORCE ON PRIVACY AND TECHNOLOGY.

HB 1311 Motor Vehicle Records:   Amends s. 119.07(3)(cc), F.S., currently allowing a driver to opt-out of the driver history record database, to exempt all personal information contained in a motor vehicle record that would identify the subject of the record. Retains the current exceptions to the exemption, allowing access by other government agencies, courts, insurance companies, tow truck operators, rental car companies, direct marketers, private investigators, etc., but stipulates that social security numbers contained in such records may only be provided to government agencies, courts, insurance companies, or an employer. Similar to SB 1526. Rep. Lindsay Harrington (R-Punta Gorda)

      THE STATED PURPOSE OF HB 1311 IS TO PREVENT PEOPLE FROM OBTAINING PERSONAL INFORMATION CONTAINED IN MOTOR VEHICLE RECORDS FOR A "MALICIOUS"PURPOSE. THE BILL, HOWEVER, PRECLUDES ACCESS TO THESE RECORDS BY JUST ABOUT EVERYBODY, REGARDLESS OF THEIR INTENT IN MAKING A REQUEST. FURTHERMORE, HB 1311 CLOSES ACCESS TO ALL DRIVER HISTORY AND MOTOR VEHICLE RECORDS (A MAJOR EXPANSION OF CURRENT LAW), NOT JUST THAT INFORMATION THAT MAY BE PERSONAL AND SENSITIVE. THE BILL IS UNCONSTITUTIONALLY OVERBROAD.

HB 1313 DCFS/Investigation Records:   Makes it a crime for any person to "knowingly falsify, alter, destroy, deface, overwrite, remove, or discard" records of the Department of Children and Family Services relating to investigations of child abuse or abuse of the elderly. Provides penalties. No Senate companion. H. Committee on Child & Family Security

        THIS BILL DOES NOT AFFECT THE PUBLIC’S RIGHT OF ACCESS.

SB 1762 Student Assessment Data:   Creates a public records exemption for data disclosing personal identifying information about a teacher or any other instructional personnel and the effects of instruction by such teacher or other instructional personnel on a student in the possession of the Department of Education or the State Board of Education. Identical to HB 769. Sen. Donald Sullivan (R-St. Petersburg)

      ALTHOUGH THE EXEMPTION SEEMS NARROW ENOUGH, WE’RE CONCERNED ABOUT THE EFFECT SUCH AN EXEMPTION MIGHT HAVE ON THE PUBLIC’S RIGHT OF OVERSIGHT--SUCH INFORMATION GOES TO THE HEART OF NOT ONLY THE EFFECTIVENESS OF OUR TEACHERS, BUT THE EFFECTIVENESS OF THE STATEWIDE STUDENT ASSESSMENT PROGRAM.

SB 1782 DOI/Computer Modeling Data:   Creates a public records exemption for any computer modeling data, calculations, assumptions, and methodologies developed for the purpose of any rate filing made by an insurance company to the Department of Insurance under chapter 627, Florida Statutes, relating to insurance rates and contracts. Identical to HB 107. Sen. Steven Geller (D-Hallandale Beach)

        THIS LEGISLATION, CREATING A LIMITED EXEMPTION TO THE PUBLIC’S RIGHT OF ACCESS, COMPLIES WITH THE CONSTITUTIONAL REQUIREMENTS FOR CREATING NEW EXEMPTIONS.

SB 1886 Identifying Information/Florida Retirement System:   Creates a public record exemption for records identifying participants in the Florida Retirement System and their account activities. Identical to HB 935. Sen. Debby Sanderson (R-Ft. Lauderdale)

    ?   AS DRAFTED, THIS LEGISLATION MAY BE UNCONSTITUTIONALLY OVERBROAD, AND THE REQUIRED STATEMENT OF PUBLIC NECESSITY IS WOEFULLY INADEQUATE.

SB 1996 Citizen’s Right to Honest Government:   In pertinent part, SB 1996 prohibits the disclosure of active criminal investigative or intelligence information by a "public servant" with the intention of obstructing, impeding, or preventing a criminal investigation or prosecution if the information is not available to the general public and is gained by reason of the public servant’s official position. Also prohibits the disclosure of material information concerning a bid or other aspects of the competitive bidding process when such information is not publicly disclosed, and the concealment, destruction, mutilation, or alteration of any official record or document. Finally, stipulates that a person who provides information regarding suspected criminal violations committed by a public servant shall be considered a confidential informant or confidential source. Similar to HB 147. Sen. Jim Sebesta (R-St. Petersburg)

        THIS BILL IS NEARLY IDENTICAL TO LEGISLATION FILED DURING THE 2001 SESSION, CS/HB 3 AND CS/SB 714, IN RESPONSE TO RECOMMENDATIONS BY THE PUBLIC CORRUPTION TASK FORCE. IT DOES NOT CREATE AN EXEMPTION TO EITHER THE PUBLIC RECORDS LAW OR THE SUNSHINE LAW.

SB 2036 Food-Borne Illness Investigations:   Creates a public record exemption for records, documents, and information concerning an investigation of food-borne illness by the Department of Agriculture and Consumer Services. Also exempts plans developed under the Hazard Analyses Critical Control Point system, and records that are exempt under federal law. No House companion. Sen. Steven Geller (D-Hallandale Beach)

    ?   ACCORDING TO THE REQUIRED STATEMENT OF PUBLIC NECESSITY, INFORMATION RELATING TO INVESTIGATIONS OF FOOD-BORNE ILLNESS IS "VITAL" IN PROTECTING THE HEALTH AND SAFETY OF THE PUBLIC AND THAT IF THE INFORMATION WAS PUBLICLY AVAILABLE, IT COULD BE USED FOR PURPOSES ENDANGERING THE PUBLIC’S HEALTH. HUH? SOME INFORMATION IN THE INVESTIGATIVE REPORT COULD BE USED, WE SUPPOSE, FOR A NEFARIOUS PURPOSE, BUT TO CLOSE ALL INFORMATION IN SUCH REPORTS IS NOT ONLY UNCONSTITUTIONALLY OVERBROAD, IT IS BAD PUBLIC POLICY.