Florida transparency legislation

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Here you will find a collection of transparency legislation in Florida.

2009

House Legislation

  • House Bill 135 [1] provides an exemption from public records requirements for personal identifying information of insured dependents such as minor dependent of current or former officers or employees of state agencies when the dependents are insured by a state agency group insurance plan. [1] The bill seeks to make this exemption apply retroactively.[1] The bill was added to the Economic Development & Community Affairs Policy Council agenda on April 10, 2009.[1] Its companion bill in the Senate is Senate Bill 270.[2]
  • House Bill 145 [3] exempts from public records all information and records submitted to the Department of Health under an electronic monitoring system for the dispensing of controlled of substances.[3] The bill provides guidelines for who may access such information and also lays out penalties for violations of the proposed guidelines.[3] The bill was introduced on March 1, 2009 and has been referred to several committees.[3] Its companion bill in the Senate is Senate Bill 612.[4]
  • House Bill 221 [5] provides an exemption from public records requirements for specified identifying information contained in a statewide Internet registry maintained under the Vacant or Abandoned Real Property Registration, Maintenance, and Foreclosure Reporting Act.[5] The bill was introduced on March 3, 2009 and has since been referred to several committees.[5] Its companion bill in the Senate is Senate Bill 1044.[6]
  • House Bill 275 [7] prohibits the commercial use or distribution of law enforcement photographs or recordings of deceased persons or that show a person's extreme, severe, or acute injuries which are confidential & exempt from public records laws.[7] As of April 2009, the bill has been referred to several committees.[7] Its companion bill in the Senate is Senate Bill 638.[8]
  • House Bill 277 [9] is linked to House Bill 275.[9] It seeks to provide an exemption from public records law for investigative or crime scene photographs and records of deceased persons or of any person's extreme, severe or acute injuries.[9] It was introduced in the House on March 3, 2009 and has since been referred to several committees.[9] Its companion bill in the Senate is Senate Bill 636.[10]
  • House Bill 299 [11] was introduced in the House on March 3, 2009.[11] It seeks to require a surety to record in the public records a payment bond for a public works construction project.[11] As of April 2009, it has been referred to several committees.[11] Its companion bill in the Senate is Senate Bill 560.[12]
  • House Bill 409 [13] aims to provide an exemption from public records requirements for the personal identifying information of employees and families of employees of public educational institutions that participate in group health insurance programs.[13] The bill was referred to the PreK-12 Policy Committee on March 30, 2009.[13] Adria Harper, the director of the First Amendment Foundation in Tallahassee, called the bill "ridiculous". [14] The bill is related to Senate Bills 1260 and 2432.[13]
  • House Bill 575 [15] seeks to allow automatic expunging of criminal records under certain circumstances.[15] It was introduced in the House on March 3, 2009 and has since been referred to several committees.[15]
  • House Bill 585 [16] seeks to exempts from public records requirements information reported to the Department of Health under an electronic system for monitoring the dispensing of certain controlled substances.[16] It passed through the Civil Justice & Courts Policy Committee, the Government Affairs Policy Committee and the Criminal & Civil Justice Policy Committee in March of 2009.[16] If passed, it will become effective on July 1, 2009.[16]
  • House Bill 699 [17] aims to exempt from public records the contact information of current and former investigators and their families that worked for the Department of Business & Professional Regulation.[17] It was introduced in the House on March 3, 2009 and has seen been referred to several committees.[17]
  • House Bill 7021 [18] is the companion bill of Senate Bill 748.[19]

Senate Legislation

  • Senate Bill 126 [20] seeks to limit the public-records exemption for reports relating to child abandonment, abuse, or neglect.[20] It was introduced in the Senate on March 2, 2009, went through committee reviews and was placed on a special calendar for reading on April 28, 2009.[20]
  • Senate Bill 166 [21] creates an exemption from public-records any information that identifies a donor or prospective donor of a donation made for the benefit of a publicly owned building or facility if the donor desires to remain anonymous.<rf name="SB166" /> It was sent to the Rules Committee on April 17, 2009.[21]
  • Senate Bill 176 [22] creates an exemption from public records for serologic blood test results from juveniles.[22] It was introduced in the Senate on March 3, 2009 and has since been referred to several committees.[22]
  • Senate Bill 250 [23] seeks to narrow the public-records exemption so that it authorizes parents or adult children of decedents to obtain autopsy records.[23] It was introduced in the Senate on March 3, 2009 and has since been referred to Health Regulation, Regulated Industries, Judiciary and Governmental Oversight and Accountability Committees.[23]
  • Senate Bill 270 [2] is the Senate version of House Bill 135 discussed in the above section. The bill was referred to the Rules Committee on April 9, 2009.[2]
  • Senate Bill 358 [24] provides that proprietary confidential business information held by an agency is confidential and exempt from public records requirements.[24] It is identical to Senate Bill 1836 and has been referred to the Commerce and Governmental Accountability and Oversight Committees in the Senate since being introduced.[24]
  • Senate Bill 440 [25] exempts from public-records requirements information and records reported to the Agency for Health Care Administration under the electronic-monitoring system for the tracking of prescriptions of controlled substances.[25]
  • Senate Bill 468, [26] sponsored by Sen. Mike Fasano (R-New Port Richey) proposes to exempt personal identifying information regarding the health and benefit coverage of public school employees from the Sunshine Law.[26] This bill was proposed in reaction to the outcry that arose after Joel Chandler made a public records request for health insurance information from all the Florida school districts. [27]
  • Senate Bill 560 [12] is the Senate Version of House Bill 299 discussed in the above section. It was referred to the Community Affairs Committee on April 7, 2009.[12]
  • Senate Bill 584 [28] expresses the legislative intent to revise laws relating to an exemption from requirements for public records and meetings.[28]
  • Senate Bill 612 [4] is the Senate version of House Bill 145 discussed in the above section. It was referred to several committees on March 30, 2009.[4]
  • Senate Bill 636 [10] is the Senate version of House Bill 277 discussed in the above section. It was referred to the Criminal Justice, Governmental Oversight, Accountability and Rules committees on March 3, 2009.[10]
  • Senate Bill 638 [8] is the Senate version of House Bill 275 discussed in the above section. It was introduced in the Senate on March 3, 2009 and has been referred to the Criminal Justice Committee, Judiciary Committee and Criminal and Civil Justice Appropriations Committee.[8]

As of April 2009, the bill was referred to - prohibiting the commercial use or distribution of law enforcement photographs or video recordings of a deceased person or that show a person's extreme, severe, or acute injuries, which photographs or recordings are confidential and exempt from the public-records laws; providing that such photographs and video recordings remain confidential and exempt from the public-records laws when used or transmitted under certain circumstances (Identical to HB 275).

  • Senate Bill 648 [29] provides an exemption from public-records requirements for information concerning certain donors and prospective donors to the direct support organization of the Department of Elderly Affairs.[29]
  • Senate Bill 748 [19] amends a specified provision relating to an exemption from public records requirements personal identifying information held by a children's services council or related entity.[19] Its companion bill in the House is House Bill 7021.[19]
  • Senate Bill 750 [30] seeks to amend provisions relating to a public records exemption for records obtained by the Department of Revenue under an insurance claim data exchange information.[30]
  • Senate Bill 754 [31] clarifies the exemption from public record requirements that is provided for building plans, blueprints, schematic drawings, and diagrams held by an agency.[31] It was introduced in the Senate on March 3, 2009 and has been referred to several committees since.<re name="SB754" />
  • Senate Bill 1044 [6] is the Senate version of House Bill 221 discussed in the above section. It was introduced on March 3, 2009 and subsequently referred to the Banking and Insurance Committee, Governmental Oversight and Accountability Committee and the Rules Committee.[6]
  • Senate Bill 1046 [32] provides an exemption from public records requirements for certain records of the Florida Hurricane Protection Program of the Florida Catastrophe Fund, from public-meetings requirements for portions of certain meetings of the State Board of Administration, requires that exempt portions of meetings be recorded, transcribed, and maintained for a specified period and provides an exemption from public-records requirements for minutes and transcripts of exempt portions of meetings.[32] It has been referred to the Banking and Insurance and Governmental Oversight and Accountability Committees.[32]
  • Senate Bill 7000 [33] clarifyies the exemption from public record requirements that is provided for building plans, blueprints, schematic drawings, and diagrams held by an agency.[33]
  • Senate Bill 7002 [34] relates to a public records exemption for insurance claim data exchange information.[34] It saves the exemption from repeal under the Open Government Sunset Review Act.[34]
  • Senate Bill 7004 [35] relates to a public-records exemption for personal identifying information held by a children's services council or related entity.[35] It saves the exemption from repeal under the Open Government Sunset Review Act.[35]
  • Senate Bill 7008 [36] relates to a public-records exemption for certain information regarding campaign finance reports.[36] It clarifies the provision and saves the exemption from repeal under the Open Government Sunset Review Act.[36]
  • Senate Bill 7020 [37] relates to an exemption from public-records requirements for personal information contained in motor vehicle records.[37]
  • Senate Bill 7022 [38] relates to a public records exemption for business information provided by a business owner to a governmental condemning authority for the purpose of making an offer of business damages.[38] It saves the exemption from repeal under the Open Government Sunset Review Act.[38]
  • Senate Bill 7024 [39] revises an exemption under the public-records law for information that would identify a child participating in a government-sponsored recreation program; defines the terms “government-sponsored recreation program” and “child”; provides that such information is confidential and exempt from the public-records law; and deletes provisions providing for repeal of the exemption.[39]
  • Senate Bill 7026 [40] relates to a public-records exemption for identification and location information of certain agency personnel; saving the exemption from repeal under the Open Government Sunset Review Act; deletes provisions providing for repeal of the exemption; relocates and revises the public-records exemption provided for identification and location information concerning federal attorneys, judges, and magistrates; defines the term “identification and location information”; eliminates social security numbers from the scope of information covered by the public-records exemption; and requires a federal attorney, judge, or magistrate to attest that efforts have been made to protect the information from disclosure through other means.[40]
  • Senate Bill 7030 [41] relates to a public-records exemption for written valuations of surplus state lands and related documents and saves the exemption from repeal under the Open Government Sunset Review Act.[41]

2008

Gov. Charlie Crist created a nine-member panel, the Florida Commission on Open Government (FCOG), to review exemptions to Florida's Sunshine Law. The commission will presents its final report to the state legislature in the 2009 legislative session.

Two members of the Commission on Open Government, Gerald Bailey and Renee Francis Lee, are strongly opposed to one plan of the FCOG, which is the panel's proposal to reduce the charges that government agencies are allowed to levy on citizens who ask for records. Gerald Bailey is the head of Florida's Department of Law Enforcement and Renee Francis Lee is the attorney for Hillsborough County. They believe the cost of record searches would be a hardship for state, city and county governments and that the FCOG did not take enough testimony from government agencies on the issue.[42]

FCOG proposals that may make it into the final plan are:

  • Eliminating the "extensive use" provision in public-records law, which allows government agencies to charge high fees for finding, copying and providing public information.
  • Require that records in any electronic medium be provided at actual cost of duplication.
  • Allow people to negotiate reasonable fees for a "specialized electronic service or product"
  • Change the current law so that any redaction of legally confidential information is not a "specialized" service requiring additional charges.

2007

References

  1. 1.0 1.1 1.2 1.3 Text & Status of HB 135
  2. 2.0 2.1 2.2 Text & Status of SB 270
  3. 3.0 3.1 3.2 3.3 Text & Status of HB 145
  4. 4.0 4.1 4.2 Text & Status of SB 612
  5. 5.0 5.1 5.2 Text & Status of HB 221
  6. 6.0 6.1 6.2 Text & Status of SB 1044
  7. 7.0 7.1 7.2 Text & Status of HB 275
  8. 8.0 8.1 8.2 Text & Status of SB 638
  9. 9.0 9.1 9.2 9.3 Text & Status of HB 277
  10. 10.0 10.1 10.2 Text & Status of SB 636
  11. 11.0 11.1 11.2 11.3 Text & Status of HB 299
  12. 12.0 12.1 12.2 Text & Status of SB 560
  13. 13.0 13.1 13.2 13.3 Text & Status of HB 409
  14. Lawmakers Move to Carve Out Public Records Exemption for Teachers, News Service of Florida, March 10, 2009
  15. 15.0 15.1 15.2 Text & Status of HB 575
  16. 16.0 16.1 16.2 16.3 Text & Status of HB 585
  17. 17.0 17.1 17.2 Text & Status of HB 699
  18. Text & Status of HB 7021
  19. 19.0 19.1 19.2 19.3 [Text & Status of SB 748
  20. 20.0 20.1 20.2 Text & Status of SB 126
  21. 21.0 21.1 Text & Status of SB 166
  22. 22.0 22.1 22.2 Text & Status of SB 176
  23. 23.0 23.1 23.2 Text & Status of SB 250
  24. 24.0 24.1 24.2 Text & Status of SB 358
  25. 25.0 25.1 Text & Status of SB 440
  26. 26.0 26.1 Text & Status of SB 468
  27. Lawmakers May Stall Lakeland Man's Quest For School Records, The Ledger, January 31, 2009
  28. 28.0 28.1 Text & Status of SB 584
  29. 29.0 29.1 Text & Status of SB 648
  30. 30.0 30.1 Text & Status of SB 750
  31. 31.0 31.1 Text & Status of SB 754
  32. 32.0 32.1 32.2 Text & Status of SB 1046
  33. 33.0 33.1 Text & Status of SB 7000
  34. 34.0 34.1 34.2 Text & Status of SB 7002
  35. 35.0 35.1 35.2 Text & Status of SB 7004
  36. 36.0 36.1 36.2 Text & Status of SB 7008
  37. 37.0 37.1 Text of SB 7020
  38. 38.0 38.1 38.2 Text & Status of SB 7022
  39. 39.0 39.1 Text & Status of SB 7024
  40. 40.0 40.1 Text & Status of SB 7026
  41. 41.0 41.1 Text & Status of SB 7030
  42. Florida Capitol Bureau, "Fees for open-records statutes stir controversy", January 23, 2009