Open Government Bills Passed in 2011 Session

1.         CS/SB 170 Electronic Filing & Receipt of Court Records:  In pertinent part, requires each state attorney and public defender to implement a system that allows for the electronic filing and receipt of court records.  Similar to HB 443.  Sen. Mike Bennett (R-Bradenton)  DOES NOT CREATE AN EXEMPTION
            ●          Passed the Senate unanimously; substituted for CS/HB 443 and passed the House unanimously.  Ordered enrolled.
 
2.         SB 298 Meetings – Municipal Government:  Amends s. 166.0213, F.S., to allow the governing body of a city with less than 500 residents to hold meetings within five miles of the exterior boundaries of the city as prescribed by ordinance or resolution. Similar to HB 65.  Sen. J.D. Alexander (R-Lake Wales) DOES NOT CREATE AN EXEMPTION
            ●          Passed the Senate unanimously; substituted for HB 65 and passed the House unanimously.  Ordered enrolled.
 
3.         CS/HB 409 Exemption/Video Voyeurism:  Expands s. 119.071(2)(h)1.c., F.S., providing a public record exemption for photographs, videotapes, or images of any part of the body of victims of certain, specified sexual offenses to include victims of video voyeurism.  Similar to SB 1168.  Rep. Keith Perry (R-Ocala)
            ●          Passed the House unanimously; substituted for CS/SB 1168 and passed the Senate unanimously.  Ordered enrolled.
 
4.         CS/HB 411 Exemption/Photographs Depicting Killing of a Person:  Creates a public record exemption for photographs, videos, or audio recordings depicting or recording the “killing of a person,” defined as “all acts or events that cause or otherwise relate to the death of any human being, including any related acts or events immediately preceding or subsequent to the acts or events that were the proximate cause of death.”  Allows access by court order and a showing of good cause. Stipulates that the exemption is not intended to, nor may be construed to, overturn or abrogate or alter any existing orders duly entered into by any court of this state, as of the effective date of the act, which restrict or limit access to any photographs or video or audio recordings that depict or record the killing of a person.   Similar to SB 416.  Rep. Rachel Burgin (R-Tampa) L
●          Passed the House 111/6; substituted for CS/SB 416 and passed the Senate, 34/4.  Ordered enrolled.
 
5.         CS/HB 579 Exemption/Regional Autism Centers:  Creates a public record exemption for clients of regional autism centers who receive center services or participate in center activities.  Also exempts all records relating to the client’s family.  Finally, creates an exemption for personal identifying information of donors or prospective donors to a regional autism center who desire anonymity.  Similar to SB 1192.  Rep. Marti Coley (R-Mariana)
●          Passed the House unanimously; substituted for CS/SB 1192 and passed the Senate unanimously.  Order enrolled.
 
6.         HB 597 Exemption/Emergency Notification System:  Creates a public record exemption for information, including names, addresses, telephone numbers, e-mail addresses, and other electronic communication addresses, furnished to an agency for the purpose of emergency notification by the agency.  Similar to SB 874.  Rep. Dwayne Taylor (D-Daytona Beach)
●          Passed the House unanimously; substituted for SB 874 and passed the Senate unanimously. Ordered enrolled.
 
7.         CS/HB 667 Exemption/Inspector General Reports:  Amends s. 119.0713(2), F.S., to provide an exemption for investigative and audit reports of local government inspectors general, stipulating that such reports are subject to disclosure once the audit or investigation becomes final.  Also creates an exemption for information received, produced, or derived as the result of an investigation conducted by a local government inspector general.  Similar to SB 828.  Rep. Jeff Clemens (R-Lake Worth)  
●          Passed the House 111/1; substituted for CS/SB 828 and passed the Senate unanimously.  Ordered enrolled.
 
8.         CS/HB 677 Exemption/Office of Financial Regulation:  Creates a public record exemption for information received by OFR from another state or federal regulatory, administrative, or criminal justice agency that is confidential or exempt pursuant to state or federal law.  Also creates an exemption for information received or developed by OFR as part of a joint or multi-agency examination or investigation, stipulating the exemption does not apply to information obtained or developed by OFR that is would otherwise be subject to disclosure if OFR had conducted an independent investigation or examination. Similar to SB 1328.  Rep. Ray Pilon (R-Sarasota)  
            ●          Passed the House unanimously; substituted for CS/SB 1328 and passed the Senate unanimously.  Ordered enrolled.

9.         CS/HB 913 Exemption/Public Airports – Proprietary Business Information: Creates a public record exemption for proprietary confidential business information submitted to or held by a public airport.  Defines “proprietary confidential business information to include: (1) business plans; (2) internal auditing controls and reports of internal auditors; (3) reports of external auditors for privately held companies; (4) trade secrets; (5) client and customer lists; (6) potentially patentable material; (7) business transactions; (8) financial information of the proprietor; and (9) financial projections of the proprietor or airport facilities projects for which the information is provided.  Also creates an exemption for proposals and counterproposals between a public airport and a non-governmental entity relating to the sale, use, development, or lease of airport land or airport facilities, stipulating that such records are subject to disclosure once the proposal or counterproposal is approved.  Similar to SB 994. Rep. Mike Horner (R-Kissimmee) L
            ●          Passed the House 92/24; substituted for CS/SB 994 and passed the Senate 39/1.  Ordered enrolled.
 
10.       HB 951 Recording of Real Property Documents:  In pertinent part, stipulates that a document that is otherwise entitled to be recorded and which has been accepted for recording by the clerk of court is valid even if the document is defective or deviates from strict compliance with applicable statutes, rules, or procedures. Applies retroactively.  Similar to SB 1072.  Rep. Ben Albritton (R-Bartow) L  DOES NOT CREATE AN EXEMPTION
●          Passed the House unanimously; substituted for CS/SB 1072 and passed the Senate unanimously.  Ordered enrolled.
 
11.       CS/HB 965 Florida Tax Credit Scholarship Program:  Deletes the provision that limits tax credits to 75% of taxes owed by contributors to the Florida Tax Credit Scholarship Program.  Similar to SB 1388.  Rep. Mike Horner (R-Kissimmee)  DOES NOT CREATE AN EXEMPTION
            ●          Passed the House as amended 96/18; substituted for CS/SB 1388 and passed the Senate 34/5.  Ordered enrolled.
 
12.       CS/SB 1346 Obsolete References and Programs:  In pertinent part, repeals s. 288.982, F.S., providing exemptions for various records and meetings relating to the US Department of Defense Base Realignment and Closure 2005 process.  DOES NOT CREATE AN EXEMPTION
            ●          Passed the Senate unanimously; passed the House 102/8.  Ordered enrolled.
 
13.       CS/HB 1473 Exemption/Florida Health Choices Program:  Creates a public record exemption for (1) personal identifying information of enrollees or participants in the Florida Health Choices Program; (2) client and customer lists of a buyer’s representative; and (3) proprietary confidential business information held by Florida Health Choices, Inc.  Provides definitions.  Similar to SB 1456.  Rep. Richard Corcoran (R-New Port Richey)
●          Passed the House unanimously; substituted for CS/SB 1456 and passed the Senate 38/1.  Ordered enrolled.          
 
14.       CS/SB 1970 Exemption/OPPAGA:  Creates a public record exemption for work papers held by the Office of Program Policy Analysis and Government Accountability which relate to an authorized project or a research product.  Similar to HB 7099.  Sen. John Thrasher (R-Jacksonville)  L
●          Passed the Senate unanimously; substituted for HB 7099 and passed the House 110/6.  Approved by the Governor.  Ch. No. 2011-35.
 
15.       SB 2096 State Financial Information:  In pertinent part, requires the Auditor General to annually provide to the Legislature a list of school districts and water management districts that have failed to comply with certain financial transparency requirements, as identified pursuant to audit.  DOES NOT CREATE AN EXEMPTION
●          Passed both chambers unanimously as amended by Conference Committee Report.  Ordered enrolled.
 
16.       CS/HB 4045 Assisted Living Facilities:  In pertinent part, deletes the requirement that the Agency for Health Care Administration (AHCA) report annually a list of assisted living facilities sanctioned or fined.  Also deletes a provision requiring such facilities to report liabilities claims to AHCA on a monthly basis.  Rep. Matt Hudson (R-Naples)  L  DOES NOT CREATE AN EXEMPTION
            ●          Substituted for various House bills, including HB 4053, and passed the House 111/3; passed the Senate unanimously.  Ordered enrolled.
 
17.       HB 7075 OGSR/Home Addresses — DJJ Employees:  Reenacts with minor modification s. 119.071(4)(d)1.i, F.S., providing a public record exemption for the home address, etc., of certain employees and their family members of the Department of Juvenile Justice.  Similar to SB 600.  H. Government Operations Subcommittee L
●          Passed the House 113/1; substituted for SB 600 and passed the Senate 36/3.  Ordered enrolled.
 
18.       HB 7077 OGSR/Biometric Identification Information:  Reenacts without modification s. 119.071(5)(g), F.S., providing a public record exemption for biometric information held by an agency, including friction ridge detail, fingerprints, palm prints, and footprints.  Similar to SB 602.  H. Government Operations Subcommittee
●          Passed the House unanimously; substituted for SB 602 and passed the Senate unanimously.  Ordered enrolled.
 
19.       HB 7079 OGSR/Florida Center for Brain Tumor Research:  Expands s. 381.8531, F.S., providing an exemption for medical records held by the Center, to now exempt personal identifying information of donors to the central repository for brain tumor biopsies or the brain tumor registry. Similar to SB 420.  H. Government Operations Subcommittee
●          Passed the House 111/1; substituted for SB 410 and passed the Senate unanimously.  Ordered enrolled.
 
20.       HB 7081 OGSR/Statewide Public Guardianship Office:  Reenacts with minor modification s. 744.7082, F.S., providing an exemption for information identifying donors or potential donors to the direct support organization of the Statewide Public Guardianship Office.  Similar to SB 572.  H. Government Operations Subcommittee
●  Passed the House unanimously; substituted for SB 572 and passed the Senate unanimously.  Ordered enrolled.
 
21.       HB 7083 OGSR/Interference with Custody:  Reenacts without modification s. 787.03(6)(c), F.S., providing a public record exemption for the current address and telephone number of a person who takes a minor child and reports such to the sheriff or state attorney under the exception to the offense of interference with custody.  Similar to SB 570.  H. Government Operations Subcommittee
●          Passed the House unanimously; substituted for SB 570 and passed the Senate unanimously.  Ordered enrolled.
 
22.       HB 7085 OGSR/Court Monitors:  Reenacts with minor modification s. 744.1076, F.S., providing an exemption for court orders appointing court monitors or emergency court monitors.  Also exempts reports of monitors and emergency monitors relating to the medical condition, financial affairs, or mental health of wards.  Similar to SB 568.  H. Government Operations Subcommittee
●          Passed the House unanimously; substituted for SB 568 and passed the Senate unanimously.  Ordered enrolled.
 
23.       HB 7159 OGSR/Ethics Commission:  Reenacts without modification s. 112.3215(8), F.S., providing exemptions for records and meetings related to audits and investigations conducted by the Commission on Ethics of alleged violations of certain lobbyist registration and reporting requirements.  Similar to SB 2056.  H. Government Operations Subcommittee
            ●  Passed the House unanimously; substituted for SB 2056 and passed the Senate unanimously.  Ordered enrolled.
 
24.       HB 7161 OGSR/Concealed Weapon Permits:  Reenacts with minor technical changes s. 790.0601, F.S., providing a public record exemption for personal identifying information of individuals who have applied for concealed weapon permits.  Similar to SB 604.  H. Government Operations Subcommittee  L
            ●          Passed the House 98/12; substituted for SB 604 and passed the Senate 36/2.  Ordered enrolled.
 
25.       HB 7223 OGSR/Competitive Solicitations:  Amends the public record exemption in s. 119.071(1)(b), F.S., for sealed bids or proposals received by an agency in response to an invitations to bid or requests for proposal.  As amended, provides a public record exemption for sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation, stipulating that the replies are exempt until the agency provides notice of an intended decision to award a contract or until 30 days after the opening of the bids, proposals, or replies, whichever is earlier.  Also amends the meeting exemption s. 286.0113, F.S., providing an exemption for portions of meetings at which negotiations with vendors conducted pursuant to a competitive solicitation and those portions of team meetings at which negotiation strategies are discussed.  Requires a complete recording of exempt portions of meetings, stipulating that such recordings and any records presented at an exempt meeting are exempt until the agency provides notice of an intended decision to award a contract or until 30 days after the opening of the bids, proposals, or replies, whichever is earlier.  Provides definitions.  Similar to SB 2090.  H. Government Operations Subcommittee
            ●          Passed the House unanimously; substituted for CS/SB 2090 and passed the Senate unanimously.  Ordered enrolled.
 
26.       HB 7225 OGSR/SBA Alternative Investments:  Reenacts, with minor amendments, s. 215.440, F.S., providing public record exemptions for records relating to alternative investments made by the State Board of Administration.  As amended, stipulates that information relating to third party placement agents is subject to disclosure and requires SBA to maintain a list and description of records that are declare proprietary and therefore not subject to disclosure.  Similar to SB 2174.  H. Government Operations Subcommittee  L
            ●          Passed the House 114/1; substituted for SB 2174 and passed the Senate 34/2.  Ordered enrolled.

– First Amendment Foundation

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