Bill Text: FL S0058 | 2023 | Regular Session | Comm Sub

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Bill Title: Public Records and Meetings/Psychology Interjurisdictional Compact

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2023-05-01 - Laid on Table, companion bill(s) passed, see HB 35 (Ch. 2023-141), CS/HB 33 (Ch. 2023-140) [S0058 Detail]

Download: Florida-2023-S0058-Comm_Sub.html

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       Florida Senate - 2023                        CS for CS for SB 58
       
       
        
       By the Appropriations Committee on Health and Human Services;
       the Committee on Health Policy; and Senator Harrell
       
       
       
       
       603-03752-23                                            202358c2
    1                        A bill to be entitled                      
    2         An act relating to public records and meetings;
    3         creating s. 490.0076, F.S.; providing an exemption
    4         from public records requirements for certain
    5         information held by the Department of Health or the
    6         Board of Psychology pursuant to the Psychology
    7         Interjurisdictional Compact; authorizing disclosure of
    8         exempt information under certain circumstances;
    9         providing an exemption from public meeting
   10         requirements for certain meetings of the Psychology
   11         Interjurisdictional Compact Commission; providing an
   12         exemption from public records requirements for
   13         recordings, minutes, and records generated during the
   14         closed portion of such meetings; providing for future
   15         legislative review and repeal of the exemptions;
   16         providing a statement of public necessity; providing a
   17         contingent effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 490.0076, Florida Statutes, is created
   22  to read:
   23         490.0076 Psychology Interjurisdictional Compact; public
   24  records and meetings exemptions.—
   25         (1) A psychologist’s personal identifying information,
   26  other than the psychologist’s name, licensure status, or license
   27  number, obtained from the coordinated licensure information
   28  system, as described in article IX of s. 490.0075, and held by
   29  the department or the board is exempt from s. 119.07(1) and s.
   30  24(a), Art. I of the State Constitution unless the state that
   31  originally reported the information to the coordinated licensure
   32  information system authorizes the disclosure of such information
   33  by law. If disclosure is so authorized, information may be
   34  disclosed only to the extent authorized by law by the reporting
   35  state.
   36         (2)(a) A meeting or a portion of a meeting of the
   37  Psychology Interjurisdictional Compact Commission, established
   38  in article X of s. 490.0075, is exempt from s. 286.011 and s.
   39  24(b), Art. I of the State Constitution if the commission must
   40  discuss:
   41         1. Noncompliance of a compact state with its obligations
   42  under the compact;
   43         2. Employment, compensation, or discipline of, or other
   44  personnel matters, practices, or procedures related to, specific
   45  employees or other matters related to the commission’s internal
   46  personnel practices and procedures;
   47         3. Current, threatened, or reasonably anticipated
   48  litigation against the commission;
   49         4. Negotiation of contracts for the purchase or sale of
   50  goods, services, or real estate;
   51         5. An accusation of any person of a crime or a formal
   52  censure of any person;
   53         6. Information disclosing trade secrets or commercial or
   54  financial information that is privileged or confidential;
   55         7. Information of a personal nature when disclosure would
   56  constitute a clearly unwarranted invasion of personal privacy;
   57         8. Investigatory records compiled for law enforcement
   58  purposes;
   59         9. Information related to any investigatory reports
   60  prepared by or on behalf of or for use of the commission or
   61  another committee charged with responsibility for investigation
   62  or determination of compliance issues pursuant to the compact;
   63  or
   64         10. Matters specifically exempted from disclosure by
   65  federal or state statute.
   66         (b) In keeping with the intent of the Psychology
   67  Interjurisdictional Compact, recordings, minutes, and records
   68  generated during an exempt commission meeting or a portion of
   69  such a meeting are exempt from s. 119.07(1) and s. 24(a), Art. I
   70  of the State Constitution.
   71         (3) This section is subject to the Open Government Sunset
   72  Review Act in accordance with s. 119.15 and shall stand repealed
   73  on October 2, 2028, unless reviewed and saved from repeal
   74  through reenactment by the Legislature.
   75         Section 2. (1) The Legislature finds that it is a public
   76  necessity that a psychologist’s personal identifying
   77  information, other than the psychologist’s name, licensure
   78  status, or license number, obtained from the coordinated
   79  licensure information system, as described in article IX of s.
   80  490.0075, Florida Statutes, and held by the Department of Health
   81  or the Board of Psychology, be made exempt from s. 119.07(1),
   82  Florida Statutes, and s. 24(a), Article I of the State
   83  Constitution. Protection of such information is required under
   84  the Psychology Interjurisdictional Compact, which the state must
   85  adopt in order to become a member state of the compact. Without
   86  the public records exemption, this state will be unable to
   87  effectively and efficiently implement and administer the
   88  compact.
   89         (2)(a) The Legislature finds that it is a public necessity
   90  that any meeting of the Psychology Interjurisdictional Compact
   91  Commission held as provided in article X of s. 490.0075, Florida
   92  Statutes, in which matters specifically exempted from disclosure
   93  by federal or state law are discussed be made exempt from s.
   94  286.011, Florida Statutes, and s. 24(b), Article I of the State
   95  Constitution.
   96         (b) The Psychology Interjurisdictional Compact requires the
   97  closing of any meeting, or any portion of a meeting, of the
   98  Psychology Interjurisdictional Compact Commission if the
   99  commission is discussing certain sensitive and confidential
  100  subjects. In the absence of a public meeting exemption, this
  101  state would be prohibited from becoming a member state of the
  102  compact.
  103         (3) The Legislature also finds that it is a public
  104  necessity that the recordings, minutes, and records generated
  105  during a meeting that is exempt pursuant to s. 490.0076(2),
  106  Florida Statutes, be made exempt from s. 119.07(1), Florida
  107  Statutes, and s. 24(a), Article I of the State Constitution.
  108  Release of such information would negate the public meeting
  109  exemption. As such, the Legislature finds that the public
  110  records exemption is a public necessity.
  111         Section 3. This act shall take effect on the same date that
  112  SB 56 or similar legislation takes effect, if such legislation
  113  is adopted in the same legislative session or an extension
  114  thereof and becomes a law.