Senate Bill sb2624c1

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    Florida Senate - 2007                           CS for SB 2624

    By the Committee on Health Regulation; and Senator Oelrich





    588-2240-07

  1                      A bill to be entitled

  2         An act relating to the Task Force on Open

  3         Government; creating the Task Force on Open

  4         Government within the Office of Open

  5         Government; providing purposes; providing for

  6         the appointment of members to the task force;

  7         requiring that the office assist the task force

  8         and provide certain services; requiring that

  9         the task force meet before a specified deadline

10         to establish certain procedures and elect a

11         chair and vice chair; providing guidelines for

12         scheduling meetings; authorizing the chair of

13         the task force to call meetings; providing

14         requirements for voting on any proposed action

15         or recommendation of the task force; providing

16         for the locations of meetings; requiring the

17         task force to consider certain issues and

18         information; authorizing the task force to

19         recommend changes to laws, rules, and policies

20         governing public records; requiring the task

21         force to review certain documents; requiring

22         the submission of a final report to the

23         Governor, the Chief Justice of the Supreme

24         Court, the President of the Senate, and the

25         Speaker of the House of Representatives before

26         a specified deadline; requiring the report to

27         include certain information; providing for the

28         reimbursement of members of the task force for

29         expenses; providing for the future termination

30         of the task force; providing an appropriation;

31         providing an effective date.

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    Florida Senate - 2007                           CS for SB 2624
    588-2240-07




 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Task Force on Open Government; creation;

 4  membership; duties.--

 5         (1)  There is created a Task Force on Open Government

 6  within the Office of Open Government of the Executive Office

 7  of the Governor to review, evaluate, and issue recommendations

 8  concerning the public-records and public-meetings laws as

 9  provided in this section.

10         (2)  The task force shall meet the requirements of s.

11  20.052, Florida Statutes. It shall consist of nine members:

12         (a)  Three members appointed by the Governor;

13         (b)  Three members appointed by the Speaker of the

14  House of Representatives;

15         (c)  Three members appointed by the President of the

16  Senate.

17         (3)  The office shall assist the task force and provide

18  all necessary data collection, analysis, research, and support

19  services.

20         (4)(a)  Members must be appointed within 45 days after

21  the effective date of this act. No sooner than 55 days and no

22  later than 75 days after the effective date of this act, the

23  task force shall meet to establish procedures for the conduct

24  of its business and to elect a chair and vice chair.

25         (b)  The task force shall meet at the call of the chair

26  but no less frequently than every 3 months.

27         (c)  A majority of the members of the task force

28  constitutes a quorum, and a quorum is necessary for the

29  purpose of voting on any proposed action or recommendation of

30  the task force.

31  

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    Florida Senate - 2007                           CS for SB 2624
    588-2240-07




 1         (d)  The meetings shall be held in locations throughout

 2  the state for the purpose of taking public testimony regarding

 3  the issues set forth in subsection (5).

 4         (5)  The task force shall consider the issues of

 5  privacy and public access as they relate to the collection and

 6  dissemination of information contained in public records

 7  maintained by an agency as defined in s. 119.011, Florida

 8  Statutes. With respect to such issues, the task force shall

 9  specifically consider:

10         (a)  How the collection, storage, retrieval,

11  dissemination, and accessibility of public records through

12  advanced technologies, including Internet access, has

13  affected:

14         1.  The expectation of privacy regarding sensitive,

15  personal information contained in public records;

16         2.  The role and effectiveness of the custodian of

17  public records as defined in s. 119.011, Florida Statutes;

18         3.  The ability of agency networks to communicate with

19  each other;

20         4.  The security and safety of residents; and

21         5.  The interests of business, research, and media

22  industries in these records.

23         (b)  How best to balance the positive and negative

24  effects of electronic access to public records.

25         (c)  Whether agencies require excessive and unnecessary

26  information, and if so, the best manner in which to address

27  the issue.

28         (d)  Whether categories of information, including, but

29  not limited to, personal identifying information, proprietary

30  confidential business information, and medical information,

31  

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    Florida Senate - 2007                           CS for SB 2624
    588-2240-07




 1  should be made confidential or exempt from public disclosure

 2  in part or in totality.

 3         (e)1.  What information is and should be accessible

 4  electronically, the circumstances warranting accessibility,

 5  and the need for restrictions with respect thereto; and

 6         2.  Whether levels of electronic accessibility should

 7  be established based on the nature of the information and the

 8  user of the information, circumstances warranting the

 9  establishment of levels of accessibility, and the need for

10  restrictions with respect thereto.

11         (f)1.  What impediments exist with regard to preventing

12  the unauthorized or inadvertent disclosure of confidential or

13  exempt information in current and future agency records;

14         2.  Who should be responsible for ensuring that such

15  information is kept confidential or exempt from public

16  disclosure; and

17         3.  What, if any, penalties should be in place if such

18  disclosure occurs.

19         (6)  The task force, as it considers appropriate, may

20  examine and recommend changes to laws, rules, and policies

21  governing all public records.

22         (7)  The task force shall review, at a minimum,

23  documents compiled by the legislative, executive, and judicial

24  branches; the clerks of court; and The Florida Bar relating to

25  the topics of privacy, technology, and public records,

26  including official records and court records.

27         (8)  The task force shall submit a final report to the

28  Governor, the Chief Justice of the Supreme Court, the

29  President of the Senate, and the Speaker of the House of

30  Representatives by January 1, 2008. The final report must

31  include specific recommendations regarding the privacy and

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    Florida Senate - 2007                           CS for SB 2624
    588-2240-07




 1  public records issues identified in this act. To the extent

 2  possible, the report shall include proposed legislation or

 3  recommendations for changes in rules. The report shall

 4  identify any necessary support services, additional training,

 5  and fiscal impact resulting from its recommendations.

 6         (9)  Members of the task force shall serve without

 7  compensation, but are entitled to reimbursement for per diem

 8  and travel expenses as provided in s. 112.061, Florida

 9  Statutes. Per diem and travel expenses for task force members

10  who are employees of the state shall be provided from the

11  budgets of the employing agencies.

12         (10)  The task force is terminated June 30, 2008.

13         Section 2.  There is appropriated from the General

14  Revenue Fund to the Executive Office of the Governor the sum

15  of ____ for the purpose of reimbursement for per diem and

16  travel expenses as authorized by this act.

17         Section 3.  This act shall take effect upon becoming a

18  law.

19  

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                         Senate Bill 2624

22                                 

23  The committee substitute no longer creates a public records
    and meetings exemption for certain information held and
24  discussed by the search committee of a public hospital in
    connection with a search for a chief executive officer or
25  corporate officer.

26  The bill creates a Task Force on Open Government within the
    Office of Open Government of the Executive Office of the
27  Governor to review, evaluate, and issue recommendations
    concerning the public records and public meetings laws.
28  

29  

30  

31  

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