Florida transparency legislation

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This page covers legislation related to transparency in government proposed in Florida.

2009

House Legislation

  • House Bill 135[1] would provide 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 sought to make this exemption apply retroactively.[1] The bill was added to the Economic Development & Community Affairs Policy Council agenda on April 10 and was signed into law on June 1.[1] Its companion bill in the Senate was Senate Bill 270.[2]
  • House Bill 145[3] would exempt 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 would provide guidelines for who may access such information and also lay out penalties for violations of the proposed guidelines.[3] The bill was introduced on March 1. It did not advance beyond the Health Care Regulation Policy Committee.[3] Its companion bill in the Senate was Senate Bill 612.[4]
  • House Bill 221[5] would provide 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. It did not advance beyond the Insurance, Business & Financial Affairs Committee.[5] Its companion bill in the Senate was Senate Bill 1044.[6]
  • House Bill 275[7] would prohibit 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] The bill did not advance beyond the Public Safety & Domestic Security Policy Committee.[7] Its companion bill in the Senate was Senate Bill 638.[8]
  • House Bill 277[9] was linked to House Bill 275.[9] It would seek 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. The bill did not advance beyond the Public Safety & Domestic Security Policy Committee.[9] Its companion bill in the Senate was Senate Bill 636.[10]
  • House Bill 299[11] was introduced in the House on March 3, 2009.[11] It would seek to require a surety to record in the public records a payment bond for a public works construction project.[11] It was signed into law on June 1, 2009.[11] Its companion bill in the Senate was Senate Bill 560.[12]
  • House Bill 409[13] would 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 did not advance beyond the PreK-12 Policy Committee.[13] The bill was related to Senate Bills 1260 and 2432.[13]
  • House Bill 575[14] would allow automatic expunging of criminal records under certain circumstances.[14] It was introduced in the House on March 3, 2009. The bill did not advance beyond the Public Safety & Domestic Security Policy Committee.[14]
  • House Bill 585[15] would exempt from public records requirements information reported to the Department of Health under an electronic system for monitoring the dispensing of certain controlled substances.[15] 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.[15] It did not advance beyond the Health Care Regulation Policy Committee.[15]
  • House Bill 699[16] would exempt from public records the contact information of current and former investigators and their families that worked for the Department of Business & Professional Regulation.[16] It was introduced in the House on March 3, 2009. It did not advance beyond the Governmental Affairs Policy Committee.[16]
  • House Bill 7021[17] was the companion bill of Senate Bill 748.[18]

Senate Legislation

  • Senate Bill 126[19] would limit the public-records exemption for reports relating to child abandonment, abuse, or neglect.[19] 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. The bill was approved by the governor on May 14.[19]
  • Senate Bill 166[20] would create 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.[20] It was sent to the Rules Committee on April 17, 2009. The bill was vetoed by the governor on June 24.[20]
  • Senate Bill 176[21] would create an exemption from public records for serologic blood test results from juveniles.[21] It was introduced in the Senate on March 3, 2009. The bill did not advance beyond the Committee on Criminal Justice.[21]
  • Senate Bill 250[22] would narrow the public-records exemption so that it authorizes parents or adult children of decedents to obtain autopsy records.[22] It was introduced in the Senate on March 3, 2009, and was referred to Health Regulation, Regulated Industries, Judiciary and Governmental Oversight and Accountability Committees. The bill did not advance beyond the Health Regulation Committee.[22]
  • Senate Bill 270[2] was 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[23] would provide that proprietary confidential business information held by an agency is confidential and exempt from public records requirements.[23] It was identical to Senate Bill 1836 and was referred to the Commerce and Governmental Accountability and Oversight Committees in the Senate after being introduced. The bill did not advance beyond the Committee on Commerce.[23]
  • Senate Bill 440[24] would exempt from public-records requirements information and records reported to the Agency for Healthcare Administration under the electronic-monitoring system for the tracking of prescriptions of controlled substances.[24]
  • Senate Bill 468,[25] sponsored by Sen. Mike Fasano (R) proposed to exempt personal identifying information regarding the health and benefit coverage of public school employees from the Sunshine Law.[25] This bill was proposed after Joel Chandler made a public records request for health insurance information from all the Florida school districts.[26]
  • Senate Bill 560[12] was 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[27] would express the legislative intent to revise laws relating to an exemption from requirements for public records and meetings. The bill did not advance beyond the Committee on Health.[27]
  • Senate Bill 612[4] was the Senate version of House Bill 145 discussed in the above section. It was referred to several committees on March 30, 2009. The bill did not advance beyond the Committee on health.[4]
  • Senate Bill 636[10] was 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. The bill did not advance beyond the Committee on Criminal Justice.[10]
  • Senate Bill 638[8] was 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. The bill did not advance beyond the Committee on Criminal Justice.[8]
  • Senate Bill 648[28] would provide 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.[28]
  • Senate Bill 748[18] would amend a specified provision relating to an exemption from public records requirements personal identifying information held by a children's services council or related entity.[18] Its companion bill in the House was House Bill 7021.[18]
  • Senate Bill 750[29] would amend provisions relating to a public records exemption for records obtained by the Department of Revenue under an insurance claim data exchange information.[29]
  • Senate Bill 754[30] would clarify the exemption from public record requirements that is provided for building plans, blueprints, schematic drawings, and diagrams held by an agency.[30]
  • Senate Bill 1044[6] was 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[31] would provide 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, require that exempt portions of meetings be recorded, transcribed, and maintained for a specified period and provide an exemption from public-records requirements for minutes and transcripts of exempt portions of meetings.[31] It was referred to the Banking and Insurance and Governmental Oversight and Accountability Committees. The bill did not advance beyond the Committee on Banking and Insurance.[31]
  • Senate Bill 7000[32] would clarify the exemption from public record requirements that is provided for building plans, blueprints, schematic drawings, and diagrams held by an agency.[32]
  • Senate Bill 7002[33] related to a public records exemption for insurance claim data exchange information.[33] It would preserve the exemption from repeal under the Open Government Sunset Review Act.[33]
  • Senate Bill 7004[34] related to a public-records exemption for personal identifying information held by a children's services council or related entity.[34] It would preserve the exemption from repeal under the Open Government Sunset Review Act.[34]
  • Senate Bill 7008[35] related to a public-records exemption for certain information regarding campaign finance reports.[35] It would clarify the provision and preserve the exemption from repeal under the Open Government Sunset Review Act.[35]
  • Senate Bill 7020[36] related to an exemption from public-records requirements for personal information contained in motor vehicle records.[36]
  • Senate Bill 7022[37] related 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.[37] It would preserve the exemption from repeal under the Open Government Sunset Review Act.[37]
  • Senate Bill 7024[38] would revise an exemption under the public-records law for information that would identify a child participating in a government-sponsored recreation program; define the terms “government-sponsored recreation program” and “child”; provide that such information is confidential and exempt from the public-records law; and delete provisions providing for repeal of the exemption.[38]
  • Senate Bill 7026[39] related to a public-records exemption for identification and location information of certain agency personnel; preserving the exemption from repeal under the Open Government Sunset Review Act; delete provisions providing for repeal of the exemption; relocate and revise the public-records exemption provided for identification and location information concerning federal attorneys, judges, and magistrates; define the term “identification and location information”; eliminate social security numbers from the scope of information covered by the public-records exemption; and require a federal attorney, judge, or magistrate to attest that efforts have been made to protect the information from disclosure through other means.[39]
  • Senate Bill 7030[40] related to a public-records exemption for written valuations of surplus state lands and related documents and would preserve the exemption from repeal under the Open Government Sunset Review Act.[40]

2008

Gov. Charlie Crist (D) created a nine-member panel, the Florida Commission on Open Government (FCOG), to review exemptions to Florida's Sunshine Law. The commission presented 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, were strongly opposed to one plan of the FCOG, which was the panel's proposal to reduce the charges that government agencies were allowed to levy on citizens who ask for records. Gerald Bailey was the head of Florida's Department of Law Enforcement and Renee Francis Lee was the attorney for Hillsborough County. They said 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.[41]

Proposed FCOG recommendations included:

  • Eliminating the "extensive use" provision in public-records law, which allowed 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 law so that any redaction of legally confidential information is not a "specialized" service requiring additional charges.

2007

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 Florida House of Representatives, "Text & Status of HB 135," accessed April 5, 2021
  2. ↑ 2.0 2.1 2.2 The Florida Senate, "Text & Status of SB 270," accessed April 5, 2021
  3. ↑ 3.0 3.1 3.2 3.3 Florida House of Representatives, "Text & Status of HB 145," accessed April 5, 2021
  4. ↑ 4.0 4.1 4.2 The Florida Senate, "Text & Status of SB 612," accessed April 5, 2021
  5. ↑ 5.0 5.1 5.2 Florida House of Representatives, "Text & Status of HB 221," accessed April 5, 2021
  6. ↑ 6.0 6.1 6.2 The Florida Senate, "Text & Status of SB 1044," accessed April 5, 2021
  7. ↑ 7.0 7.1 7.2 Florida House of Representatives, "Text & Status of HB 275," accessed April 5, 2021
  8. ↑ 8.0 8.1 8.2 The Florida Senate, "Text & Status of SB 638," accessed April 5, 2021
  9. ↑ 9.0 9.1 9.2 9.3 Florida House of Representatives, "Text & Status of HB 277," accessed April 5, 2021
  10. ↑ 10.0 10.1 10.2 The Florida Senate, "Text & Status of SB 636," accessed April 5, 2021
  11. ↑ 11.0 11.1 11.2 11.3 Florida House of Representatives, "Text & Status of HB 299," accessed April 5, 2021
  12. ↑ 12.0 12.1 12.2 The Florida Senate, "Text & Status of SB 560," accessed April 5, 2021
  13. ↑ 13.0 13.1 13.2 13.3 Florida House of Representatives, "Text & Status of HB 409," accessed April 6, 2021
  14. ↑ 14.0 14.1 14.2 Florida House of Representatives, "Text & Status of HB 575," accessed April 6, 2021
  15. ↑ 15.0 15.1 15.2 15.3 Florida House of Representatives, "Text & Status of HB 585," accessed April 5, 2021
  16. ↑ 16.0 16.1 16.2 Florida House of Representatives, "Text & Status of HB 699," accessed April 6, 2021
  17. ↑ Florida House of Representatives, "Text & Status of HB 7021," accessed April 6, 2021
  18. ↑ 18.0 18.1 18.2 18.3 The Florida Senate, "Text & Status of SB 748," accessed April 6, 2021
  19. ↑ 19.0 19.1 19.2 The Florida Senate, "Text & Status of SB 126," accessed April 6, 2021
  20. ↑ 20.0 20.1 20.2 The Florida Senate, "Text & Status of SB 166," accessed April 5, 2021
  21. ↑ 21.0 21.1 21.2 The Florida Senate, "Text & Status of SB 176," accessed April 6, 2021
  22. ↑ 22.0 22.1 22.2 The Florida Senate, "Text & Status of SB 250," accessed April 6, 2021
  23. ↑ 23.0 23.1 23.2 The Florida Senate, "Text & Status of SB 358," accessed April 6, 2021
  24. ↑ 24.0 24.1 The Florida Senate, "Text & Status of SB 440," accessed April 6, 2021
  25. ↑ 25.0 25.1 The Florida Senate, "Text & Status of SB 468," accessed April 6, 2021
  26. ↑ The Ledger, "Lawmakers May Stall Lakeland Man's Quest For School Records," January 31, 2009
  27. ↑ 27.0 27.1 The Florida Senate, "Text & Status of SB 584," accessed April 6, 2021
  28. ↑ 28.0 28.1 The Florida Senate, "Text & Status of SB 648," accessed April 6, 2021
  29. ↑ 29.0 29.1 The Florida Senate, "Text & Status of SB 750," accessed April 6, 2021
  30. ↑ 30.0 30.1 The Florida Senate, "Text & Status of SB 754," accessed April 6, 2021
  31. ↑ 31.0 31.1 31.2 The Florida Senate, "Text & Status of SB 1046," accessed April 6, 2021
  32. ↑ 32.0 32.1 The Florida Senate, "Text & Status of SB 7000," accessed April 6, 2021
  33. ↑ 33.0 33.1 33.2 The Florida Senate, "Text & Status of SB 7002," accessed April 6, 2021
  34. ↑ 34.0 34.1 34.2 The Florida Senate, "Text & Status of SB 7004," accessed April 6, 2021
  35. ↑ 35.0 35.1 35.2 The Florida Senate, "Text & Status of SB 7008," accessed April 6, 2021
  36. ↑ 36.0 36.1 The Florida Senate, "Text of SB 7020," accessed April 6, 2021
  37. ↑ 37.0 37.1 37.2 The Florida Senate, "Text & Status of SB 7022," accessed April 6, 2021
  38. ↑ 38.0 38.1 The Florida Senate, "Text & Status of SB 7024," accessed April 6, 2021
  39. ↑ 39.0 39.1 The Florida Senate, "Text & Status of SB 7026," accessed April 6, 2021
  40. ↑ 40.0 40.1 The Florida Senate, "Text & Status of SB 7030," accessed April 6, 2021
  41. ↑ Florida Capitol Bureau, "Fees for open-records statutes stir controversy," January 23, 2009
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