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2011 Florida Legislative Summary

TALLAHASSEE – The following is a summary of bills pertaining to public records and open meetings introduced during the 2011 legislative session.

The following nine bills create new exemptions to the state Public Records and Open Meetings Laws.

CS/HB 409 Video Voyeurism: Expands the current public record exemption for criminal intelligence and investigative information, creating an exemption for photos, video or images of victims of certain sexual offenses, including video voyeurism. Rep. Keith Perry (R-Ocala). Signed by Gov. Scott May 31.

CS/HB 411 Photographs Depicting Killing of a Person: Creates a new exemption to the Public Records Law for photos, videos or audio recordings that depict the “killing of a person.” This is 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.” Immediate family members of the deceased, as well as official agencies, are permitted access. Others can access the records only by a court order and a showing of good cause. Rep. Rachel Burgin (R-Tampa). Signed by Gov. Scott June 2.

CS/HB 579 Regional Autism Centers: Creates a public record exemption for clients of regional autism centers who receive services at the center or participate in activities at the center. Also exempt are records related to clients families. The bill also exempts from the Public Records Law personal identifying information or current or prospective donors to a regional autism center who request anonymity. Rep. Marti Coley (R-Marianna). Signed by Gov. Scott June 24.

HB 597 Emergency Notification System: Creates a new public record exemption for information provided to an agency for emergency notification purposes. Exempt information includes names, addresses, telephone numbers, email addresses, and other electronic communication addresses. Rep. Dwayne Taylor (D-Daytona Beach). Signed by Gov. Scott May 31.

CS/HB 667 Inspector General Reports: Changes the current exemption for non-final reports of internal auditors for local governments. Creates a new public record exemption for investigative and audit reports of local government inspectors general, providing for disclosure only after the audit or investigation is final. Information received, produced or gained as the result of a local government inspector general’s investigation is also exempt. Rep. Jeff Clemens (R-Lake Worth). Signed by Gov. Scott May 31.

CS/HB 677 Office of Financial Regulation: Creates public record exemptions for information received by the Office of Financial Regulation from other agencies that is exempt under state or federal law, as well as information received as part of a multi-agency investigation. Rep. Ray Pilon (R-Sarasota). Signed by Gov. Scott May 31.

CS/HB 913 Public Airports – Proprietary Business Information: Creates an exemption to the Public Records Law for “proprietary confidential business information” that is held by or submitted to a public airport. This information includes: business plans; internal auditing controls and reports; reports of external auditors for privately held companies; trade secrets; client and customer lists; material that could be patented; business transactions; financial information of the proprietor; and financial projections of the proprietor or airport facilities projects. 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, are also exempt. However, these proposals and counterproposals will become public once approved. Rep. Mike Horner (R-Kissimmee). Vetoed by Gov. Scott June 24.

CS/HB 1473 Florida Health Choices Program: Creates public record exemptions for information related to the Florida Health Choices Program, including personal identifying information of enrollees or participants; client and customer lists; and proprietary confidential business information held by Florida Health Choices. Rep. Richard Corcoran (R-New Port Richey). Signed by Gov. Scott June 21.

CS/SB 1970 Office of Program Policy Analysis and Government Accountability: Creates a public record exemption for papers held by the Office of Program Policy Analysis and Government Accountability that relate to a project or research product. Sen. John Thrasher (R-Jacksonville). Signed by Gov. Scott May 5.

 

The following exemptions were reenacted in 2011 under the Open Government Sunset Review Act (OGSR), which requires review of exemptions every five years; laws not reenacted during the fifth year are repealed.

HB 7075 Home Addresses DJJ Employees: Reenacts with minor modification the public record exemption for the home address and other contact information of certain employees of the Department of Juvenile Justice and their family members. H. Government Operations Subcommittee. Signed by Gov. Scott June 21.

HB 7077 Biometric Identification Information: Reenacts without change the public record exemption for biometric information held by an agency. Biometric identification information includes friction ridge detail, fingerprints, palm prints and footprints. H. Government Operations Subcommittee. Signed by Gov. Scott June 21.

HB 7079 Florida Center for Brain Tumor Research: Expands the current exemption for medical records held by the Florida Center for Brain Tumor Research to include an exemption for personal identifying information of donors to the central repository for brain tumor biopsies or the brain tumor registry. H. Government Operations Subcommittee. Signed by Gov. Scott June 21.

HB 7081 Statewide Public Guardianship Office: Reenacts with minor changes the public record exemption for information identifying donors or potential donors to the direct support organization of the Statewide Public Guardianship Office. H. Government Operations Subcommittee. Signed by Gov. Scott June 24.

HB 7083 Interference with Custody: Reenacts the 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. H. Government Operations Subcommittee. Signed by Gov. Scott May 31.

HB 7085 Court Monitors: Reenacts with minor changes the public record exemption for court orders appointing court monitors. Also exempts reports of monitors related to medical conditions, finances or mental health of wards. H. Government Operations Subcommittee. Signed by Gov. Scott June 21.

HB 7159 Ethics Commission: Reenacts the public records and open meetings exemptions for records and meetings related to Ethics Commission investigations of alleged violations of certain lobbyist registration and reporting requirements. H. Government Operations Subcommittee. Signed by Gov. Scott June 17.

HB 7161 Concealed Weapon Permits: Reenacts with minor changes the public record exemption for personal identifying information of individuals applying for concealed weapon permits. H. Government Operations Subcommittee. Signed by Gov. Scott June 2.

HB 7223 Competitive Solicitations: Amends the public record exemption for sealed bids or proposals received by an agency in response to requests for proposal or invitations to bid. Provides a public record exemption for sealed bids, proposals or replies received by an agency pursuant to a competitive solicitation, providing that the replies are exempt only 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 provides 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, providing that such recordings and any records presented at an exempt meeting are exempt only 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. H. Government Operations Subcommittee. Signed by Gov. Scott June 2.

HB 7225 State Board of Administration Alternative Investments: Reenacts the public record exemption for records related to alternative investments made by the State Board of Administration. Provides that information relating to third-party placement agents is subject to disclosure. SBA is required to maintain a list and description of records that are declared proprietary and therefore not subject to disclosure. H. Government Operations Subcommittee. Signed by Gov. Scott May 31.

Source: First Amendment Foundation, http://www.flsenate.gov and http://www.myfloridahouse.gov