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2010 Florida Legislative Summary

TALLAHASSEE – The following is a summary of the five Public Records and Open Meetings exemptions enacted in 2010.

CS/SB 312 Home Addresses – Public Defenders: Creates an exemption to the Public Records Law for home addresses, telephone numbers and photos of current or former public defenders.  The exemption also applies to criminal conflict and civil regional counsel.  Home addresses, phone numbers and workplaces of spouses and children are also exempted, as are names and locations of schools or daycares attended by their children.

CS/HB 393 Public Transit Providers: Creates an exemption to the Public Records Law for personal identifying information held by a public transit provider for the purposes of prepaid fares. 

CS/HB 551 County Conduct Complaints: Expands the exemption for complaints and records relating to investigations by the Ethics Commission to include records held by counties and cities with local investigatory processes.  This expansion of Section 112.324, Fla. Stat., applies until a probable cause determination is made, the complaint is dismissed or the accused person requests disclosure.

CS/HB 1059 DFS – Examination Techniques & Procedures: Creates an exemption to the Public Records Law for information revealing examination techniques or procedures utilized by the Office of Financial Regulation, defined as “methods, processes, and guidelines used to evaluate regulatory compliance and to collect and analyze data, records, and testimony for the purpose of documenting” legal or rule violations.  Passed

HB 7017 Credit Histories and Credit Scores: Exempts credit histories and scores of mortgage broker licensees contained in records of the Office of Financial Regulation.

HB 7079 Voter Registration Records: Exemption for the Social Security number, driver’s license number, and Florida identification number of a voter registration applicant or a voter.  Prohibits copying voter registration applications and signatures.  Expanded to exempt declinations to register, information related to where voter registered or update information.  Also creates an exemption for names, addresses and phone numbers of people who reasonably believe they are being stalked and whose names are held by the Florida Attorney General’s Office.
Passed Senate and House unanimously

The following 17 exemptions were reenacted in 2010 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.

SB 1678 Moffitt Cancer Center & Research Institute: Exemption for proprietary confidential
business information relating to methods of manufacture or production, potential trade secrets, potentially patentable material or proprietary information received, generated, ascertained or discovered during the course of research by the Center.

HB 7079 Voter Registration Records (see summary above)

HB 7085 Commission on Ethics::  Exemption for complaints and records relating to preliminary investigation of the Commission on Ethics or Commission on Ethics and Public Trust established by a municipality.
Passed Senate and House unanimously

HB7087 Guardians ad Litem: Exemption for addresses, phone numbers, places of employment and photos of current or former guardians ad litem; also applies to information about children and spouses under certain conditions.
Passed Senate and House unanimously

HB 7089 Florida Self-Insurers Guaranty Association: Exemption for claims files of the Florida Self-Insurer Guaranty Association, stipulating that the records become public upon termination of all litigation and settlement of all claims arising out of the same incident. Exempts those portions of association board meetings during which exempt claims files are discussed, requiring that the closed portions be recorded and transcribed. Finally, exempts the minutes of all closed meetings until settlement of the claim and termination of all litigation.
Passed Senate and House unanimously

HB 7091 Insurance Claim Data Exchange Information/DOR: Exemption for Department of Revenue information obtained under insurance claim data exchange system where insurer voluntarily provides information about non-custodial parents with a claim against insurer who also owe child support until the department determines if a match exists.
Passed Senate and House unanimously

HB 7093 Domestic Security Oversight Council: Exemption for portions of meetings of the Domestic Security Oversight Council at which active criminal investigative or intelligence information is heard or discussed if the council chair announces at a public meeting the need to discuss such information and declares the specific need to close the meeting in writing. Stipulates that the entire closed session must be recorded and no portions may be off the record and limits who may attend the closed session. Exemption for audio or video recordings and any minutes or notes generated during closed meetings, until the criminal investigation is no longer active or the security system plan is no longer in use.
Passed Senate and House unanimously

HB 7111 Information Held by Guardians ad Litem: Exemption for all information relating to the best interest of the child held by the guardian ad litem.
Passed Senate and House unanimously

HB 7113 Child Abuse Death Review Committee:  Exemption for information identifying a deceased child’s surviving siblings, family members or others living in the home of the deceased, in records held by the State Child Abuse Death Review Committee or local committees. Provides a penalty for the knowing or willful disclosure of exempt information.  Exempts committee meetings where identifying information is discusses; requires recordings of closed meetings and exempts the recordings.
Passed Senate and House unanimously

HB 7115 Parental Notification Waiver Information: Exemption for information in records held by a court that could identify a minor seeking a waiver of parental notification of abortion requirements.
Passed Senate and House unanimously

HB 7117 Meetings – Funeral, Cemetery & Consumer Services Board: Exemption for records and meetings of the Funeral, Cemetery and Consumer Services Board.  All closed meetings must be recorded; recordings are exempt from disclosure.
Passed Senate and House unanimously

HB 7119 Hurricane Loss Model: Exemption for trade secrets used in design and construction of hurricane loss model.  Also exempts portions of meetings where trade secrets are discussed.  Recording of closed meeting must be made but is exempt from the Public Records Law. 

HB 7121 Hurricane Loss and Exposure Data:  Exemption for “reports of hurricane loss
data and associated exposure data” specific to a particular insurance company reported to the Office of Insurance Regulation or a state university for the purpose of developing a hurricane loss projection model.  Trade secrets and portions of meetings at which trade secrets are discussed are also exempt.  Requires Florida International University (responsible for public hurricane loss model) to publish report summarizing loss and associated exposure data collected from residential property insurers.
Passed Senate and House unanimously

HB 7123 Address Confidentiality Program for Victims of Domestic Violence: Exemption for addresses and phone numbers of domestic violence victims participating in the Attorney General’s Address Confidentiality Program.  Same information is also exempt when held by Division of Elections or county supervisor of elections.
Passed Senate and House unanimously

HB 7165 Domestic Violence Fatality Review Team:  Exemption for information in records created by the team that would identify a domestic violence victim or children; also exempts portions of team meetings where exempt information is discussed. 

HB 7167 Commission for Independent Education: Exemption for all investigatory records held by the Independent Education Commission in conjunction with investigations into complaints, including minutes and findings of exempt probable cause panel meetings convened in conjunction with such investigations. Stipulates that such information will be exempt for no more than 10 days after the panel makes a determination regarding probable cause. Also creates an exemption for portions of meetings of the probable cause panel at which exempt records are discussed.  Now requires closed meetings be required and subject to disclosure 10 days after probable cause determination is made.
Passed Senate and House unanimously

HB 7193 Voluntary Prekindergarten Education Program:  Exemption for individual records of children enrolled in the Voluntary Prekindergarten Education Program. 

Source: First Amendment Foundation, and