Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 2344
                        Barcode 203248
                            CHAMBER ACTION
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11  The Committee on Governmental Oversight and Productivity
12  (Sebesta) recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
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17  and insert:  
18         Section 1.  Section 497.172, Florida Statutes, is
19  created to read:
20         497.172  Public-records exemptions; public-meetings
21  exemptions.--
22         (1)  EXAMINATION DEVELOPMENT MEETINGS.--Those portions
23  of meetings of the board, at which licensure examination
24  questions or answers under this chapter are discussed, are
25  exempt from s. 286.011 and s. 24(b), Art. I of the State
26  Constitution.
27         (2)  PROBABLE CAUSE PANEL.--
28         (a)  Meetings of the probable cause panel of the board,
29  pursuant to s. 497.153, are exempt from s. 286.011 and s.
30  24(b), Art. I of the State Constitution.
31         (b)  Records of exempt meetings of the probable cause
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2344 Barcode 203248 1 panel of the board are exempt from s. 119.07(1) and s. 24(a), 2 Art. I of the State Constitution, until 10 days after a 3 determination regarding probable cause is made pursuant to s. 4 497.153. 5 (3) EXAMINATIONS, INSPECTIONS, AND INVESTIGATIONS.-- 6 (a) Except as otherwise provided in this subsection, 7 information held by the department pursuant to a financial 8 examination conducted under this chapter is confidential and 9 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 10 Constitution, until the examination is completed or ceases to 11 be active. 12 (b) Except as otherwise provided in this subsection, 13 information held by the department pursuant to an inspection 14 conducted under this chapter is confidential and exempt from 15 s. 119.07(1) and s. 24(a), Art. I of the State Constitution, 16 until the inspection is completed or ceases to be active. 17 (c) Except as otherwise provided in this subsection, 18 information held by the department pursuant to an 19 investigation of a violation of this chapter is confidential 20 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 21 Constitution until the investigation is completed or ceases to 22 be active or until 10 days after a determination regarding 23 probable cause is made pursuant to s. 497.153. 24 (d) Information made confidential and exempt pursuant 25 to this subsection may be disclosed by the department as 26 follows: 27 1. To the probable cause panel of the board, for the 28 purpose of probable cause panel proceedings pursuant to s. 29 497.153. 30 2. To any law enforcement agency or other government 31 agency in the performance of its official duties and 2 6:20 PM 04/25/05 s2344d-go16-c2d
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2344 Barcode 203248 1 responsibilities. 2 3. If the department uncovers information of immediate 3 and serious concern to the public health, safety, or welfare, 4 it may disseminate such information as it deems necessary for 5 the public health, safety, or welfare. 6 (e) Information made confidential and exempt pursuant 7 to this subsection shall remain confidential and exempt from 8 s. 119.07(1), and s. 24(a), Art. I of the State Constitution 9 after the examination, inspection, or investigation is 10 completed or ceases to be active if: 11 1. The department submits the information to any law 12 enforcement agency or other administrative agency for further 13 examination or investigation. The information shall remain 14 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 15 of the State Constitution until that agency's examination or 16 investigation is completed or ceases to be active. 17 2. Disclosure of the information would: 18 a. Jeopardize the integrity of another active 19 investigation or examination; 20 b. Reveal the identity of a confidential source; or 21 c. Reveal investigative or examination techniques or 22 procedures. 23 (f) For purposes of this subsection, an examination, 24 inspection, or investigation shall be considered active so 25 long as the examination, inspection, or investigation is 26 proceeding with reasonable dispatch and the department has a 27 reasonable good-faith belief that the examination, inspection, 28 or investigation may lead to the filing of an administrative, 29 civil, or criminal proceeding or to the denial or conditional 30 grant of an application for license or other approval required 31 under this chapter. 3 6:20 PM 04/25/05 s2344d-go16-c2d
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2344 Barcode 203248 1 (4) TRADE SECRETS.--Trade secrets, as defined in s. 2 688.002, held by the department or board are confidential and 3 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 4 Constitution. 5 (5) REVIEW AND REPEAL.--This section is subject to the 6 Open Government Sunset Review Act of 1995 in accordance with 7 s. 119.15, and shall stand repealed on October 2, 2010, unless 8 reviewed and saved from repeal through reenactment by the 9 Legislature. 10 Section 2. (1) The Legislature finds that it is a 11 public necessity that those portions of meetings of the Board 12 of Funeral, Cemetery, and Consumer Services at which licensure 13 examination questions or answers, under chapter 497, Florida 14 Statutes, are discussed be made exempt from public-meetings 15 requirements. Without the exemption, board members might not 16 propose new questions and answers, and engage in full and free 17 discussion concerning existing and proposed questions and 18 answers. If questions and answers for licensure examinations 19 are disclosed to the public, the usefulness of those licensure 20 examinations in assuring that applicants have studied and 21 learned the entire body of knowledge necessary for the safe 22 and competent practice of their intended profession or 23 occupation under chapter 497, Florida Statutes, would be 24 severely undermined or eliminated. Therefore, without this 25 exemption, the effective and efficient administration of the 26 licensure process would be jeopardized. 27 (2) The Legislature finds that it is a public 28 necessity that meetings of the probable cause panel of the 29 board, under chapter 497, Florida Statutes, be made exempt 30 from public-meetings requirements. The Legislature also finds 31 that it is a public necessity that records of exempt meetings 4 6:20 PM 04/25/05 s2344d-go16-c2d
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2344 Barcode 203248 1 of the probable cause panel be made exempt from public-records 2 requirements, until 10 days after a determination regarding 3 probable cause is made. If probable cause panel meetings and 4 records of those meetings are open to the public, the purpose 5 of those meetings would be thwarted and frustrated to the 6 substantial detriment of the public health, safety, and 7 welfare. Public oversight is still maintained because the 8 records of those meetings are preserved and are available to 9 the public after a determination of probable cause is made. 10 (3)(a) The Legislature finds that it is a public 11 necessity that information held by the Department of Financial 12 Services pursuant to a financial examination conducted under 13 chapter 497, Florida Statutes, be made confidential and exempt 14 from public-records requirements until the examination is 15 completed or ceases to be active. If a subject of a financial 16 examination were able to discover that an examination was 17 underway, that subject could frustrate and thwart the 18 examination, thereby hindering the effective and efficient 19 administration of the examination. 20 (b) The Legislature finds that it is a public 21 necessity that information held by the department pursuant to 22 an inspection conducted under chapter 497, Florida Statutes, 23 be made confidential and exempt from public-records 24 requirements until the inspection is completed or ceases to be 25 active. The premature release of such information could 26 frustrate and thwart the inspection if the subject of an 27 inspection were made aware that an inspection was to occur, 28 thereby hindering the effective and efficient administration 29 of the inspection. 30 (c) The Legislature finds that it is a public 31 necessity that information held by the department pursuant to 5 6:20 PM 04/25/05 s2344d-go16-c2d
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2344 Barcode 203248 1 an investigation of a violation of chapter 497, Florida 2 Statutes, be made confidential and exempt from public-records 3 requirements until the investigation is completed or ceases to 4 be active, or until 10 days after a determination regarding 5 probable cause is made. If a subject of an investigation were 6 able to discover that an investigation was underway, that 7 subject could frustrate and thwart the investigation, thereby 8 hindering the effective and efficient administration of the 9 investigation. 10 (d) The Legislature finds that it is a public 11 necessity to maintain the confidential and exempt status of 12 the examination or investigation information if it has been 13 provided to a law enforcement agency or other administrative 14 agency for further examination or investigation. Release of 15 such information prior to the completion of that examination 16 or investigation would jeopardize the integrity of the 17 examination or investigation. 18 (e) The Legislature finds that it is a public 19 necessity to maintain the confidential and exempt status of 20 the examination, inspection, or investigation information if 21 release of such information would jeopardize the integrity of 22 another active investigation or examination, reveal the 23 identity of a confidential source, or reveal investigative or 24 examination techniques or procedures. If such information were 25 disclosed to the public, subjects of such other investigations 26 could frustrate or thwart those investigations, jeopardize the 27 safety of the confidential source, or affect the ability of 28 the department to conduct investigations or examinations. 29 (4) The Legislature finds that it is a public 30 necessity that a trade secret, as defined in section 688.002, 31 Florida Statutes, held by the Department of Financial Services 6 6:20 PM 04/25/05 s2344d-go16-c2d
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2344 Barcode 203248 1 or the Board of Funeral, Cemetery, and Consumer Services be 2 made confidential and exempt from public-records requirements. 3 A trade secret derives independent economic value, actual or 4 potential, from not being generally known to, and not being 5 readily ascertainable by proper means by, other persons who 6 can obtain economic value from its disclosure or use. Without 7 an exemption from public-records requirements for a trade 8 secret held by the department or board, that trade secret 9 becomes a public record when received and must be divulged 10 upon request. Divulgence of any trade secret under the 11 public-records law would destroy the value of that property, 12 causing a financial loss to the person or entity submitting 13 the trade secret. Release of that information would give 14 business competitors an unfair advantage and weaken the 15 position of the person or entity supplying the trade secret, 16 in the marketplace. 17 Section 3. This act shall take effect October 1, 2005, 18 if HB 529 or substantially similar legislation is adopted in 19 the same legislative session or an extension thereof and 20 becomes a law. 21 22 23 ================ T I T L E A M E N D M E N T =============== 24 And the title is amended as follows: 25 Delete everything before the enacting clause 26 27 and insert: 28 A bill to be entitled 29 An act relating to public records and meetings 30 exemptions; creating s. 497.172, F.S.; creating 31 a public-meetings exemption for Board of 7 6:20 PM 04/25/05 s2344d-go16-c2d
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2344 Barcode 203248 1 Funeral, Cemetery, and Consumer Services for 2 those portions of meetings conducted for the 3 exclusive purpose of developing or reviewing 4 licensure examination questions and answers; 5 creating a public-meetings exemption for 6 probable cause panel meetings of the board; 7 creating a public-records exemption for records 8 of exempt probable cause panel meetings for a 9 time certain; creating a public-records 10 exemption for records relating to 11 investigations, inspections, or examinations in 12 process for a time certain; maintaining the 13 public records exemptions under certain 14 circumstances; creating a public records 15 exemption for trade secrets; providing for 16 future review and repeal under the Open 17 Government Sunset Review Act; providing 18 findings of public necessity; providing a 19 contingent effective date. 20 21 22 23 24 25 26 27 28 29 30 31 8 6:20 PM 04/25/05 s2344d-go16-c2d