HB 1469

CS

CHAMBER ACTION

1	The Commerce Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to public records and meetings exemptions;
7	creating s. 497.172, F.S.; creating a public meetings
8	exemption for the Board of Funeral, Cemetery, and Consumer
9	Services for those portions of meetings conducted for the
10	exclusive purpose of developing or reviewing licensure
11	examination questions and answers; creating a public
12	meetings exemption for probable cause panel meetings of
13	the board; creating a public records exemption for records
14	of exempt probable cause panel meetings for a time
15	certain; creating a public records exemption for records
16	relating to investigations, inspections, or examinations
17	in process for a time certain; maintaining the public
18	records exemptions under certain circumstances; creating a
19	public records exemption for trade secrets; providing for
20	future review and repeal; providing findings of public
21	necessity; providing a contingent effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Section 497.172, Florida Statutes, is created
26	to read:
27	497.172  Public records exemptions; public meetings
28	exemptions.--
29	(1)  EXAMINATION DEVELOPMENT MEETINGS.--Those portions of
30	meetings of the board at which licensure examination questions
31	or answers under this chapter are discussed are exempt from s.
32	286.011 and s. 24(b), Art. I of the State Constitution.
33	(2)  PROBABLE CAUSE PANEL.--
34	(a)  Meetings of the probable cause panel of the board,
35	pursuant to s. 497.153, are exempt from s. 286.011 and s. 24(b),
36	Art. I of the State Constitution.
37	(b)  Records of exempt meetings of the probable cause panel
38	of the board are exempt from s. 119.07(1) and s. 24(a), Art. I
39	of the State Constitution, until 10 days after a determination
40	regarding probable cause is made pursuant to s. 497.153.
41	(3)  EXAMINATIONS, INSPECTIONS, AND INVESTIGATIONS.--
42	(a)  Except as otherwise provided in this subsection,
43	information held by the department pursuant to a financial
44	examination conducted under this chapter is confidential and
45	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
46	Constitution, until the examination is completed or ceases to be
47	active.
48	(b)  Except as otherwise provided in this subsection,
49	information held by the department pursuant to an inspection
50	conducted under this chapter is confidential and exempt from s.
51	119.07(1) and s. 24(a), Art. I of the State Constitution, until
52	the inspection is completed or ceases to be active.
53	(c)  Except as otherwise provided in this subsection,
54	information held by the department pursuant to an investigation
55	of a violation of this chapter is confidential and exempt from
56	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
57	until the investigation is completed or ceases to be active or
58	until 10 days after a determination regarding probable cause is
59	made pursuant to s. 497.153.
60	(d)  Information made confidential and exempt pursuant to
61	this subsection may be disclosed by the department as follows:
62	1.  To the probable cause panel of the board, for the
63	purpose of probable cause proceedings pursuant to s. 497.153.
64	2.  To any law enforcement agency or other government
65	agency in the performance of its official duties and
66	responsibilities.
67	3.  If the department uncovers information of immediate and
68	serious concern to the public health, safety, or welfare, it may
69	disseminate such information as it deems necessary for the
70	public health, safety, or welfare.
71	(e)  Information made confidential and exempt pursuant to
72	this subsection shall remain confidential and exempt from s.
73	119.07(1) and s. 24(a), Art. I of the State Constitution after
74	the examination, inspection, or investigation is completed or
75	ceases to be active if:
76	1.  The department submits the information to any law
77	enforcement agency or other administrative agency for further
78	examination or investigation. The information shall remain
79	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
80	of the State Constitution until that agency's examination or
81	investigation is completed or ceases to be active.
82	2.  Disclosure of the information would:
83	a.  Jeopardize the integrity of another active
84	investigation or examination;
85	b.  Reveal the identity of a confidential source; or
86	c.  Reveal investigative or examination techniques or
87	procedures.
88	(f)  For purposes of this subsection, an examination,
89	inspection, or investigation shall be considered active so long
90	as the examination, inspection, or investigation is proceeding
91	with reasonable dispatch and the department has a reasonable
92	good faith belief that the examination, inspection, or
93	investigation may lead to the filing of an administrative,
94	civil, or criminal proceeding or to the denial or conditional
95	grant of an application for license or other approval required
96	under this chapter.
97	(4)  TRADE SECRETS.--Trade secrets, as defined in s.
98	688.002, held by the department or board, are confidential and
99	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
100	Constitution.
101	(5)  REVIEW AND REPEAL.--This section is subject to the
102	Open Government Sunset Review Act of 1995 in accordance with s.
103	119.15, and shall stand repealed on October 2, 2010, unless
104	reviewed and saved from repeal through reenactment by the
105	Legislature.
106	Section 2.  (1)  The Legislature finds that it is a public
107	necessity that those portions of meetings of the Board of
108	Funeral, Cemetery, and Consumer Services at which licensure
109	examination questions or answers under chapter 497, Florida
110	Statutes, are discussed be made exempt from public meetings
111	requirements. Without the exemption, board members might not
112	propose new questions and answers and engage in full and free
113	discussion concerning existing and proposed questions and
114	answers. If questions and answers for licensure examinations are
115	disclosed to the public, the usefulness of those licensure
116	examinations in ensuring that applicants have studied and
117	learned the entire body of knowledge necessary for the safe and
118	competent practice of their intended profession or occupation
119	under chapter 497, Florida Statutes, would be severely
120	undermined or eliminated. Therefore, without this exemption, the
121	effective and efficient administration of the licensure process
122	would be jeopardized.
123	(2)  The Legislature finds that it is a public necessity
124	that meetings of the probable cause panel of the board under
125	chapter 497, Florida Statutes, be made exempt from the public
126	meetings requirements. The Legislature also finds that it is a
127	public necessity that records of exempt meetings of the probable
128	cause panel be made exempt from public records requirements
129	until 10 days after a determination regarding probable cause is
130	made. If probable cause panel meetings and records of those
131	meetings are open to the public, the purpose of those meetings
132	would be thwarted and frustrated to the substantial detriment of
133	the public health, safety, and welfare. Public oversight is
134	still maintained because the records of those meetings are
135	preserved and are available to the public after a determination
136	of probable cause is made.
137	(3)(a)  The Legislature finds that it is a public necessity
138	that information held by the Department of Financial Services
139	pursuant to a financial examination conducted under chapter 497,
140	Florida Statutes, be made confidential and exempt from public
141	records requirements until the examination is completed or
142	ceases to be active. If a subject of a financial examination
143	were able to discover that an examination was underway, that
144	subject could frustrate and thwart the examination, thereby
145	hindering the effective and efficient administration of the
146	examination.
147	(b)  The Legislature finds that it is a public necessity
148	that information held by the department pursuant to an
149	inspection conducted under chapter 497, Florida Statutes, be
150	made confidential and exempt from public records requirements
151	until the inspection is completed or ceases to be active. The
152	premature release of such information could frustrate and thwart
153	the inspection if the subject of an inspection were made aware
154	that an inspection was to occur, thereby hindering the effective
155	and efficient administration of the inspection.
156	(c)  The Legislature finds that it is a public necessity
157	that information held by the department pursuant to an
158	investigation of a violation of chapter 497, Florida Statutes,
159	be made confidential and exempt from public records requirements
160	until the investigation is completed or ceases to be active or
161	until 10 days after a determination regarding probable cause is
162	made. If a subject of an investigation were able to discover
163	that an investigation was underway, that subject could frustrate
164	and thwart the investigation, thereby hindering the effective
165	and efficient administration of the investigation.
166	(d)  The Legislature finds that it is a public necessity to
167	maintain the confidential and exempt status of the examination
168	or investigation information if it has been provided to a law
169	enforcement agency or other administrative agency for further
170	examination or investigation. Release of such information prior
171	to the completion of that examination or investigation would
172	jeopardize the integrity of the examination or investigation.
173	(e)  The Legislature finds that it is a public necessity to
174	maintain the confidential and exempt status of the examination,
175	inspection, or investigation information if release of such
176	information would jeopardize the integrity of another active
177	investigation or examination, reveal the identity of a
178	confidential source, or reveal investigative or examination
179	techniques or procedures. If such information were disclosed to
180	the public, subjects of such other investigations could
181	frustrate or thwart those investigations, jeopardize the safety
182	of the confidential source, or affect the ability of the
183	department to conduct investigations or examinations.
184	(4)  The Legislature finds that it is a public necessity
185	that a trade secret, as defined in s. 688.002, Florida Statutes,
186	held by the Department of Financial Services or the Board of
187	Funeral, Cemetery, and Consumer Services be made confidential
188	and exempt from public records requirements. A trade secret
189	derives independent economic value, actual or potential, from
190	not being generally known to, and not being readily
191	ascertainable by proper means by, other persons who can obtain
192	economic value from its disclosure or use. Without an exemption
193	from public records requirements for a trade secret held by the
194	department or board, that trade secret becomes a public record
195	when received and must be divulged upon request. Divulgence of
196	any trade secret under the public records law would destroy the
197	value of that property, causing a financial loss to the person
198	or entity submitting the trade secret. Release of that
199	information would give business competitors an unfair advantage
200	and weaken the position of the person or entity supplying the
201	trade secret in the marketplace.
202	Section 3.  This act shall take effect October 1, 2005, if
203	HB 529 or substantially similar legislation is adopted in the
204	same legislative session or an extension thereof and becomes a
205	law.

CODING: Words stricken are deletions; words underlined are additions.