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Florida transparency legislation

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

2011

See also, Proposed reforms in state sunshine laws, 2011

We do not currently have any legislation from Florida in 2011. To add some, please see WikiProject Proposed state sunshine legislation.


2010

See also, Proposed reforms in state sunshine laws, 2010

Here is a list of transparency legislation for Florida in 2010:

BaHB 1099 and SB 2122 Current Status:  LegislationbarH2.pngb

House Bill 1099 and Senate Bill 2122 are joint bills introduced to the Florida State Legislature which would extend the exemption for information concerning foster parents, their spouses and children to all agencies in possession of the information. Exempt information would include:

  • Addresses, phone numbers and other contact information including work home and school information
  • Birth dates
  • Medical Records
  • Home floor plans
  • Photographs of the persons

The exempted information will become publicly available five years after the individual is no longer a foster parent except in situations where the foster parent becomes an adoptive parent.[1]

BaHB 393 and SB 688 Current Status:Yes.pngp(Effective 7/1/2010)  LegislationbarH8.pngk

House Bill 393 and Senate Bill 688 are companion bills introduced to the Florida State Legislature which would create an exemption for personal information obtained by transit authorities in the process of issuing prepaid transit fair cards and fees.[2]

BaHB 485 and SB 312 Current Status:Waiting.pngx (Waiting Signature)  LegislationbarH7.pngi

HB 485 and SB 312 would exempt all personally identifying information, including names and addresses, of public defenders and their employees and aids from public records requirements in an effort to protect them from criminal retaliation. [3] Template:2.default

BaHB 551 and SB 1054 Current Status:Yes.pngp(Effective 7/1/2010)  LegislationbarH8.pngk

'House Bill 551 and Senate Bill 1054 are joint bills introduced to the Florida State Legislature which would extend the exemption within the Florida Sunshine Law and the Florida Open Meetings Law for complaints and investigations to include complaints and investigations conducted and received at the local and municipal level. The exemption would be applied to all complaints and investigations until the complaints were dismissed or until the allegations were confirmed.[4]

BaHB 647 and SB 1506 Current Status:Committee.pngc(4/30/2010, Governmental Affairs Policy Committee, Florida House)  LegislationbarH2.pngb

House Bill 647 and Senate Bill 1506 are joint bills introduced to the Florida State Legislature which would prevent the transmission and release through freedom of information requests of police photos and videos which display all or part of a deceased person and any images which capture the suffering of an individual. The act also prevents these images from being used for commercial purposes. [5] Other versions of the bill included permission for police departments and families to view and copy the records, and permissions for individuals to view the photos without copying or removing them from the offices in which they are held.[6]

BaHB 7017 and SB 1576 Current Status:Yes.pngp(Effective 7/1/2010)  LegislationbarH8.pngk

House Bill 7017 and Senate Bill 1576 is a joint bill introduced into the Florida State Legislature which would create an exemption for credit histories and credits scores obtained by the Office of Financial Regulation within the Department of Financial Services for the purposes of licensing mortgage brokers.[7]

BaHB 7079 and SB 2188 Current Status:Yes.pngp(Effective 5/26/2010)  LegislationbarH8.pngk

House Bill 7079 and Senate Bill 2188 are joint bills introduced to the Florida State Legislature which would extend the exemption for the addresses, names and telephone numbers of victims of stalking held by the Attorney General or more importantly, contained in voter registration records.[8]

BaHB 7085 and SB 2170 Current Status:Yes.pngp(Effective 10/1/2010)  LegislationbarH8.pngk

House Bill 7085 and Senate Bill 2170 are joint bills introduced to the Florida State Legislature which would renew the exemption already in place for records and meetings addressing any complaints and allegations made to the Florida Commission on Ethics and Public Trust concerning violations of open records and open meetings laws. The bill would also remove the application of the Florida Open Government Sunset Review Act automatic repeals clause. [9]

BaHB 7115 and SB 1198 Current Status:Yes.pngp(Effective 5/7/2010)  LegislationbarH8.pngk

House Bill 7115 and Senate Bill 1198 is a joint bill introduced tot he Florida State Legislature which would renew the exemption for records relating to minors who have applied for waivers from notice requirements under the Parental Notice of Abortion Act.[10]

BaHB 7123 and SB 882 Current Status:Yes.pngp(Effective 10/1/2010)  LegislationbarH8.pngk

House Bill 7123 and Senate Bill 882 are joint bills introduced into the Florida State Legislature which would extend the exemption for the addresses, names and telephone numbers of victims of domestic violence and individuals enrolled in the Address Confidentiality Program for Victims of Domestic Violence. This would exempt records held by the Office of the Attorney General and records of voter registration forms. [11]

Sunshine Review:WikiProject Proposed state sunshine legislation/Stub pages and implementation#Transparency ratingcHB 867 and SB 1838 Current Status:Committee.pngc(Died in committee in both houses.)  LegislationbarH2.pngb

House Bill 867 and Senate Bill 1838 is a bill introduced to the Florida State Legislature which would create exemptions for documents and meetings relating to:

  • emergency cease and desist orders issued to title insurers
  • insurance claims negotiations involving the state
  • records of complaints and investigations concerning insurers until the investigation ceases to be active unless it would reveal other confidential information
  • work papers of examinations or investigations, with some papers staying exempt even after the report is filed
  • information received from other governmental bodies which is considered exempt
  • meetings involving the investigation or regulation of insurance providers
  • proprietary and financial information submitted to the department[12]



BaSB 1142 and HB 745 Current Status:Committee.pngc(Died in committees in both houses)  LegislationbarS2.pngn

Senate Bill 1142 and House Bill 745 are joint bills introduced to the Florida State Legislature which would extend the current exemption within the Florida Sunshine Law for all bids, proposals and replies received by a public agency in response to a competitive solicitation. The current exemption exempts bid materials until either the public body comes to a final decision on whom to issue the contract to, the public body rejects all proposals and reissues the solicitation or twenty (20) days after the original solicitation, assuming that the haven't reissued the request. The bill would also extend the exemption within the Florida Open Meetings Law for presentations made by bid submitters. The bill proposes to extend this exemption until 2015. It is currently schedule to be automatically repealed under the Florida Open Government Sunset Review Act in 2011. [13]

BaSB 1340 and HB 1313 Current Status:Waiting.pngx(Died in transition)  LegislationbarS4.pngq

'Senate Bill 1340 and House Bill 1313 is a joint bill introduced to the Florida State Legislature which would exempt donor information to include the names, addresses and telephone numbers of donors who request anonymity and make contributions to publicly owned performing arts centers.[14]



AbSB 1598 and HB 1211 Current Status:No.pngf (04/30/2010 Died in Committee in both Houses)  LegislationbarS2.pngn

SB 1598 and HB 1211 are joint bills sponsored by Senator Paula Dockery and Representative Clay Ford would establish a open records bill of rights that would amend the Florida Sunshine Law. The bill would:

  • Establish an Open Government Bill of rights to include the following principles:
  • A guarantee of the right to receive records and attend meetings.
  • A guarantee to the right to receive an itemized estimate of records costs.
  • An assertion that records requests need not be made in writing.
  • A requirement that all agencies post the full Open Government Bill of Rights in their office.
  • Establish that the cost to create record duplicates must be the actual material cost and staff cost at the lowest pay level. It would also eliminate the "special charge" for large requests.
  • Permit agencies to waive fees in the public interest.
  • Establish and elaborate on the Attorney-Client exemption to the Florida Open Meetings Law and require that the documents be released after the litigation has concluded
  • Require continuous approval of new exemptions on 10 year intervals. [15]
  • Require government officials to attend open records training.
  • Prevent agencies from charging to redact information.[16]

Template:2.default

BaSB 312 and HB 485 Current Status:Yes.pngp(Effective 7/1/2010)  LegislationbarS8.pngw

Senate Bill 312 and House Bill 485 are bills introduced to the Florida State Legislature which would exempt critical contact information, including home addresses and telephone numbers, of public defenders and their spouses and children. The bill would also exempt the workplaces of the spouses of public defenders, any day care information concerning the children of public defenders and photos of the public defenders and their families.[17]


2009

House Legislation

  • House Bill 135 [18] 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. [18] The bill seeks to make this exemption apply retroactively.[18] The bill was added to the Economic Development & Community Affairs Policy Council agenda on April 10, 2009.[18] Its companion bill in the Senate is Senate Bill 270.[19]
  • House Bill 145 [20] 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.[20] The bill provides guidelines for who may access such information and also lays out penalties for violations of the proposed guidelines.[20] The bill was introduced on March 1, 2009 and has been referred to several committees.[20] Its companion bill in the Senate is Senate Bill 612.[21]
  • House Bill 221 [22] 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.[22] The bill was introduced on March 3, 2009 and has since been referred to several committees.[22] Its companion bill in the Senate is Senate Bill 1044.[23]
  • House Bill 275 [24] 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.[24] As of April 2009, the bill has been referred to several committees.[24] Its companion bill in the Senate is Senate Bill 638.[25]
  • House Bill 277 [26] is linked to House Bill 275.[26] 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.[26] It was introduced in the House on March 3, 2009 and has since been referred to several committees.[26] Its companion bill in the Senate is Senate Bill 636.[27]
  • House Bill 299 [28] was introduced in the House on March 3, 2009.[28] It seeks to require a surety to record in the public records a payment bond for a public works construction project.[28] As of April 2009, it has been referred to several committees.[28] Its companion bill in the Senate is Senate Bill 560.[29]
  • House Bill 409 [30] 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.[30] The bill was referred to the PreK-12 Policy Committee on March 30, 2009.[30] Adria Harper, the director of the First Amendment Foundation in Tallahassee, called the bill "ridiculous". [31] The bill is related to Senate Bills 1260 and 2432.[30]
  • House Bill 575 [32] seeks to allow automatic expunging of criminal records under certain circumstances.[32] It was introduced in the House on March 3, 2009 and has since been referred to several committees.[32]
  • House Bill 585 [33] 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.[33] 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.[33] If passed, it will become effective on July 1, 2009.[33]
  • House Bill 699 [34] aims to exempt from public records the contact information of current and former investigators and their families that worked for the the Department of Business & Professional Regulation.[34] It was introduced in the House on March 3, 2009 and has seen been referred to several committees.[34]
  • House Bill 7021 [35] is the companion bill of Senate Bill 748.[36]

Senate Legislation

  • Senate Bill 126 [37] seeks to limit the public-records exemption for reports relating to child abandonment, abuse, or neglect.[37] 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.[37]
  • Senate Bill 166 [38] 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.[38]
  • Senate Bill 176 [39] creates an exemption from public records for serologic blood test results from juveniles.[39] It was introduced in the Senate on March 3, 2009 and has since been referred to several committees.[39]
  • Senate Bill 250 [40] seeks to narrow the public-records exemption so that it authorizes parents or adult children of decedents to obtain autopsy records.[40] 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.[40]
  • Senate Bill 270 [19] 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.[19]
  • Senate Bill 358 [41] provides that proprietary confidential business information held by an agency is confidential and exempt from public records requirements.[41] 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.[41]
  • Senate Bill 440 [42] 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.[42]
  • Senate Bill 468, [43] 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.[43] 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. [44]
  • Senate Bill 560 [29] 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.[29]
  • Senate Bill 584 [45] expresses the legislative intent to revise laws relating to an exemption from requirements for public records and meetings.[45]
  • Senate Bill 612 [21] is the Senate version of House Bill 145 discussed in the above section. It was referred to several committees on March 30, 2009.[21]
  • Senate Bill 636 [27] 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.[27]
  • Senate Bill 638 [25] 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.[25]

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 [46] 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.[46]
  • Senate Bill 748 [36] 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.[36] Its companion bill in the House is House Bill 7021.[36]
  • Senate Bill 750 [47] 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.[47]
  • Senate Bill 754 [48] clarifies the exemption from public record requirements that is provided for building plans, blueprints, schematic drawings, and diagrams held by an agency.[48] It was introduced in the Senate on March 3, 2009 and has been referred to several committees since.<re name="SB754" />
  • Senate Bill 1044 [23] 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.[23]
  • Senate Bill 1046 [49] 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.[49] It has been referred to the Banking and Insurance and Governmental Oversight and Accountability Committees.[49]
  • Senate Bill 7000 [50] clarifyies the exemption from public record requirements that is provided for building plans, blueprints, schematic drawings, and diagrams held by an agency.[50]
  • Senate Bill 7002 [51] relates to a public records exemption for insurance claim data exchange information.[51] It saves the exemption from repeal under the Open Government Sunset Review Act.[51]
  • Senate Bill 7004 [52] relates to a public-records exemption for personal identifying information held by a children's services council or related entity.[52] It saves the exemption from repeal under the Open Government Sunset Review Act.[52]
  • Senate Bill 7008 [53] relates to a public-records exemption for certain information regarding campaign finance reports.[53] It clarifies the provision and saves the exemption from repeal under the Open Government Sunset Review Act.[53]
  • Senate Bill 7020 [54] relates to an exemption from public-records requirements for personal information contained in motor vehicle records.[54]
  • Senate Bill 7022 [55] 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.[55] It saves the exemption from repeal under the Open Government Sunset Review Act.[55]
  • Senate Bill 7024 [56] 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.[56]
  • Senate Bill 7026 [57] 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.[57]
  • Senate Bill 7030 [58] 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.[58]

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.[59]

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. ↑ HB 1099 as introduced
  2. ↑ Final text of HB 393
  3. ↑ Text of HB 485
  4. ↑ Final text of HB 551
  5. ↑ HB 647 as introduced
  6. ↑ Text of SB 1496 as introduced
  7. ↑ Final text of HB 7017
  8. ↑ Final text of HB 7079
  9. ↑ Final text of HB 7085
  10. ↑ Final text of HB 7115
  11. ↑ Final text of HB 7123
  12. ↑ Final text of HB 867
  13. ↑ Final text of SB 1142
  14. ↑ Final text of SB 1340
  15. ↑ Text of SB 1598, 3/9/2010
  16. ↑ Text of SB 1598 as introduced
  17. ↑ Final text of SB 312
  18. ↑ 18.0 18.1 18.2 18.3 Text & Status of HB 135
  19. ↑ 19.0 19.1 19.2 Text & Status of SB 270
  20. ↑ 20.0 20.1 20.2 20.3 Text & Status of HB 145
  21. ↑ 21.0 21.1 21.2 Text & Status of SB 612
  22. ↑ 22.0 22.1 22.2 Text & Status of HB 221
  23. ↑ 23.0 23.1 23.2 Text & Status of SB 1044
  24. ↑ 24.0 24.1 24.2 Text & Status of HB 275
  25. ↑ 25.0 25.1 25.2 Text & Status of SB 638
  26. ↑ 26.0 26.1 26.2 26.3 Text & Status of HB 277
  27. ↑ 27.0 27.1 27.2 Text & Status of SB 636
  28. ↑ 28.0 28.1 28.2 28.3 Text & Status of HB 299
  29. ↑ 29.0 29.1 29.2 Text & Status of SB 560
  30. ↑ 30.0 30.1 30.2 30.3 Text & Status of HB 409
  31. ↑ Lawmakers Move to Carve Out Public Records Exemption for Teachers, News Service of Florida, March 10, 2009
  32. ↑ 32.0 32.1 32.2 Text & Status of HB 575
  33. ↑ 33.0 33.1 33.2 33.3 Text & Status of HB 585
  34. ↑ 34.0 34.1 34.2 Text & Status of HB 699
  35. ↑ Text & Status of HB 7021
  36. ↑ 36.0 36.1 36.2 36.3 [Text & Status of SB 748
  37. ↑ 37.0 37.1 37.2 Text & Status of SB 126
  38. ↑ 38.0 38.1 Text & Status of SB 166
  39. ↑ 39.0 39.1 39.2 Text & Status of SB 176
  40. ↑ 40.0 40.1 40.2 Text & Status of SB 250
  41. ↑ 41.0 41.1 41.2 Text & Status of SB 358
  42. ↑ 42.0 42.1 Text & Status of SB 440
  43. ↑ 43.0 43.1 Text & Status of SB 468
  44. ↑ Lawmakers May Stall Lakeland Man's Quest For School Records, The Ledger, January 31, 2009
  45. ↑ 45.0 45.1 Text & Status of SB 584
  46. ↑ 46.0 46.1 Text & Status of SB 648
  47. ↑ 47.0 47.1 Text & Status of SB 750
  48. ↑ 48.0 48.1 Text & Status of SB 754
  49. ↑ 49.0 49.1 49.2 Text & Status of SB 1046
  50. ↑ 50.0 50.1 Text & Status of SB 7000
  51. ↑ 51.0 51.1 51.2 Text & Status of SB 7002
  52. ↑ 52.0 52.1 52.2 Text & Status of SB 7004
  53. ↑ 53.0 53.1 53.2 Text & Status of SB 7008
  54. ↑ 54.0 54.1 Text of SB 7020
  55. ↑ 55.0 55.1 55.2 Text & Status of SB 7022
  56. ↑ 56.0 56.1 Text & Status of SB 7024
  57. ↑ 57.0 57.1 Text & Status of SB 7026
  58. ↑ 58.0 58.1 Text & Status of SB 7030
  59. ↑ Florida Capitol Bureau, "Fees for open-records statutes stir controversy", January 23, 2009
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