HB 7117

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act; amending s. 497.172, F.S., which
4	provides exemptions from public meetings and public
5	records requirements for the Board of Funeral, Cemetery,
6	and Consumer Services within the Department of Financial
7	Services and for certain information held by the
8	Department of Financial Services; requiring a recording of
9	a closed meeting of the board wherein licensure
10	examination questions or answers are discussed; creating a
11	public record exemption for a recording of the closed
12	meeting; providing for future legislative review and
13	repeal of the exemption; requiring a recording of a closed
14	meeting of a probable cause panel of the board; removing
15	the scheduled repeal of exemptions within the section;
16	providing a statement of public necessity; providing an
17	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 amended
22	to read:
23	497.172  Public records exemptions; public meetings
24	exemptions.-
25	(1)  EXAMINATION DEVELOPMENT MEETINGS.-
26	(a)  Those portions of meetings of the board at which
27	licensure examination questions or answers under this chapter
28	are discussed are exempt from s. 286.011 and s. 24(b), Art. I of
29	the State Constitution. The closed meeting must be recorded and
30	no portion of the closed meeting may be off the record. The
31	recording shall be maintained by the board.
32	(b)  The recording of a closed portion of a meeting is
33	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
34	Constitution.
35	(c)  This subsection is subject to the Open Government
36	Sunset Review Act in accordance with s. 119.15 and shall stand
37	repealed on October 2, 2015, unless reviewed and saved from
38	repeal through reenactment by the Legislature.
39	(2)  PROBABLE CAUSE PANEL.-
40	(a)  Meetings of the probable cause panel of the board,
41	pursuant to s. 497.153, are exempt from s. 286.011 and s. 24(b),
42	Art. I of the State Constitution. The entire closed meeting must
43	be recorded and no portion of the closed meeting may be off the
44	record. The recording shall be maintained by the board.
45	(b)  Records of exempt meetings of the probable cause panel
46	of the board are exempt from s. 119.07(1) and s. 24(a), Art. I
47	of the State Constitution, until 10 days after a determination
48	regarding probable cause is made pursuant to s. 497.153.
49	(3)  EXAMINATIONS, INSPECTIONS, AND INVESTIGATIONS.-
50	(a)  Except as otherwise provided in this subsection,
51	information held by the department pursuant to a financial
52	examination conducted under this chapter is confidential and
53	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
54	Constitution, until the examination is completed or ceases to be
55	active.
56	(b)  Except as otherwise provided in this subsection,
57	information held by the department pursuant to an inspection
58	conducted under this chapter is confidential and exempt from s.
59	119.07(1) and s. 24(a), Art. I of the State Constitution, until
60	the inspection is completed or ceases to be active.
61	(c)  Except as otherwise provided in this subsection,
62	information held by the department pursuant to an investigation
63	of a violation of this chapter is confidential and exempt from
64	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
65	until the investigation is completed or ceases to be active or
66	until 10 days after a determination regarding probable cause is
67	made pursuant to s. 497.153.
68	(d)  Information made confidential and exempt pursuant to
69	this subsection may be disclosed by the department as follows:
70	1.  To the probable cause panel of the board, for the
71	purpose of probable cause proceedings pursuant to s. 497.153.
72	2.  To any law enforcement agency or other government
73	agency in the performance of its official duties and
74	responsibilities.
75	3.  If the department uncovers information of immediate and
76	serious concern to the public health, safety, or welfare, it may
77	disseminate such information as it deems necessary for the
78	public health, safety, or welfare.
79	(e)  Information made confidential and exempt pursuant to
80	this subsection shall remain confidential and exempt from s.
81	119.07(1) and s. 24(a), Art. I of the State Constitution after
82	the examination, inspection, or investigation is completed or
83	ceases to be active if:
84	1.  The department submits the information to any law
85	enforcement agency or other administrative agency for further
86	examination or investigation. The information shall remain
87	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
88	of the State Constitution until that agency's examination or
89	investigation is completed or ceases to be active.
90	2.  Disclosure of the information would:
91	a.  Jeopardize the integrity of another active
92	investigation or examination;
93	b.  Reveal the identity of a confidential source; or
94	c.  Reveal investigative or examination techniques or
95	procedures.
96	(f)  For purposes of this subsection, an examination,
97	inspection, or investigation shall be considered active so long
98	as the examination, inspection, or investigation is proceeding
99	with reasonable dispatch and the department has a reasonable
100	good faith belief that the examination, inspection, or
101	investigation may lead to the filing of an administrative,
102	civil, or criminal proceeding or to the denial or conditional
103	grant of an application for license or other approval required
104	under this chapter.
105	(4)  TRADE SECRETS.-Trade secrets, as defined in s.
106	688.002, held by the department or board, are confidential and
107	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
108	Constitution.
109	(5)  REVIEW AND REPEAL.-This section is subject to the Open
110	Government Sunset Review Act in accordance with s. 119.15, and
111	shall stand repealed on October 2, 2010, unless reviewed and
112	saved from repeal through reenactment by the Legislature.
113	Section 2.  The Legislature finds that it is a public
114	necessity to make exempt from public records requirements the
115	recording generated during those portions of meetings of the
116	Board of Funeral, Cemetery, and Consumer Services at which
117	licensure examination questions or answers are discussed. The
118	release of such recordings would compromise those discussions of
119	the board which took place during a closed meeting and would
120	negate the public meeting exemption. Further, current law
121	already provides a public record exemption for licensure
122	examination questions and answers. As such, release of the
123	recording generated during those closed portions of meetings
124	would compromise the current protections already afforded such
125	questions and answers. Thus, the effective and efficient
126	administration of the licensure examination process would be
127	compromised without this exemption.
128	Section 3.  This act shall take effect October 1, 2010.

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