Florida Senate - 2016 SB 1306 By Senator Grimsley 21-01887-16 20161306__ 1 A bill to be entitled 2 An act relating to public records and meetings; 3 creating s. 464.0096, 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 Nursing pursuant to the Nurse Licensure 7 Compact; authorizing disclosure of the information 8 under certain circumstances; providing an exemption 9 from public meeting requirements for certain meetings 10 of the Interstate Commission of Nurse Licensure 11 Compact Administrators; providing an exemption from 12 public records requirements for recordings, minutes, 13 and records generated during the closed portion of 14 such a meeting; providing for future legislative 15 review and repeal of the exemptions; providing a 16 statement of public necessity; providing a contingent 17 effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 464.0096, Florida Statutes, is created 22 to read: 23 464.0096 Nurse Licensure Compact; public records and 24 meetings exemptions.— 25 (1) A nurse’s personal identifying information obtained 26 from the coordinated licensure information system, as defined in 27 s. 464.0095, and held by the department or the board is 28 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 29 of the State Constitution unless the state that originally 30 reported the information to the coordinated licensure 31 information system authorizes the disclosure of such information 32 by law. Under such circumstances, the information may only be 33 disclosed to the extent permitted by the reporting state’s law. 34 (2)(a) A meeting or portion of a meeting of the Interstate 35 Commission of Nurse Licensure Compact Administrators established 36 under s. 464.0095 during which any of the following is discussed 37 is exempt from s. 286.011 and s. 24(b), Art. I of the State 38 Constitution: 39 1. Failure of a party state to comply with its obligations 40 under the Nurse Licensure Compact. 41 2. The employment, compensation, discipline, or other 42 personnel matters, practices, or procedures related to specific 43 employees or other matters related to the commission’s internal 44 personnel practices and procedures. 45 3. Current, threatened, or reasonably anticipated 46 litigation. 47 4. Negotiation of contracts for the purchase or sale of 48 goods, services, or real estate. 49 5. Accusing any person of a crime or formally censuring any 50 person. 51 6. Trade secrets as defined in s. 688.002 or commercial or 52 financial information required by the commission’s bylaws or 53 rules to be kept privileged or confidential. 54 7. Information of a personal nature which the commission 55 determines by majority vote would constitute a clearly 56 unwarranted invasion of personal privacy if disclosed to the 57 public. 58 8. Active investigatory records compiled for law 59 enforcement purposes. For the purposes of this subparagraph, the 60 term “active” has the same meaning as provided in s. 61 119.011(3)(d). 62 9. Information related to any reports prepared by or on 63 behalf of the commission for the purpose of investigation of 64 compliance with the Nurse Licensure Compact. 65 10. Information made confidential or exempt pursuant to 66 federal law or pursuant to the laws of any party state. 67 11. Information made exempt pursuant to rules or bylaws of 68 the commission, which would protect the public’s interest and 69 the privacy of individuals, and proprietary information. 70 (b) Recordings, minutes, and records generated during an 71 exempt meeting are confidential and exempt from s. 119.07(1) and 72 s. 24(a), Art. I of the State Constitution. 73 (3) This section is subject to the Open Government Sunset 74 Review Act in accordance with s. 119.15 and shall stand repealed 75 on October 2, 2021, unless reviewed and saved from repeal 76 through reenactment by the Legislature. 77 Section 2. (1) The Legislature finds that it is a public 78 necessity that a nurse’s personal identifying information 79 obtained from the coordinated licensure information system, as 80 defined in s. 464.0095, Florida Statutes, and held by the 81 Department of Health or the Board of Nursing be made 82 confidential and exempt from s. 119.07(1), Florida Statutes, and 83 s. 24(a), Article I of the State Constitution. Protection of 84 such information is required under the Nurse Licensure Compact, 85 which the state must adopt in order to become a party state to 86 the compact. Without the public records exemption, this state 87 will be unable to effectively and efficiently implement and 88 administer the compact. 89 (2)(a) The Legislature finds that it is a public necessity 90 that any meeting or portion of a meeting of the Interstate 91 Commission of Nurse Licensure Compact Administrators established 92 under s. 464.0095, Florida Statutes, at which any of the 93 following is discussed be made exempt from s. 286.011, Florida 94 Statutes, and s. 24(b), Article I of the State Constitution: 95 1. Failure of a party state to comply with its obligations 96 under the Nurse Licensure Compact. 97 2. The employment, compensation, discipline, or other 98 personnel matters, practices, or procedures related to specific 99 employees or other matters related to the commission’s internal 100 personnel practices and procedures. 101 3. Current, threatened, or reasonably anticipated 102 litigation. 103 4. Negotiation of contracts for the purchase or sale of 104 goods, services, or real estate. 105 5. Accusing any person of a crime or formally censuring any 106 person. 107 6. Trade secrets as defined in s. 688.002, Florida 108 Statutes, or commercial or financial information required by the 109 commission’s bylaws or rules to be kept privileged or 110 confidential. 111 7. Information of a personal nature which the commission 112 determines by majority vote would constitute a clearly 113 unwarranted invasion of personal privacy if disclosed to the 114 public. 115 8. Active investigatory records compiled for law 116 enforcement purposes. 117 9. Information related to any reports prepared by or on 118 behalf of the commission for the purpose of investigation of 119 compliance with the Nurse Licensure Compact. 120 10. Information made confidential or exempt pursuant to 121 federal law or pursuant to the laws of any party state. 122 11. Information made exempt pursuant to rules or bylaws of 123 the commission, which would protect the public’s interest, the 124 privacy of individuals, and proprietary information. 125 (b) The Nurse Licensure Compact requires any meeting or 126 portion of a meeting in which the substance of paragraph (a) is 127 discussed to be closed to the public. Without the public meeting 128 exemption, this state will be prohibited from becoming a party 129 state to the compact. Thus, this state will be unable to 130 effectively and efficiently administer the compact. 131 (3) The Legislature also finds that it is a public 132 necessity that the recordings, minutes, and records generated 133 during a meeting that is exempt pursuant to s. 464.0096, Florida 134 Statutes, be made confidential and exempt from s. 119.07(1), 135 Florida Statutes, and s. 24(a), Article I of the State 136 Constitution. Release of such information would negate the 137 public meeting exemption. As such, the Legislature finds that 138 the public records exemption is a public necessity. 139 Section 3. This act shall take effect on the same date that 140 SB ____ or similar legislation takes effect, if such legislation 141 is adopted in the same legislative session or an extension 142 thereof and becomes law.