HB 1469

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

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