Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 7080 Ì114866FÎ114866 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/02/2019 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Governmental Oversight and Accountability (Harrell) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 456.4502, Florida Statutes, is created 6 to read: 7 456.4502 Interstate Medical Licensure Compact; public 8 records and meetings exemptions.— 9 (1) A physician’s personal identifying information, other 10 than the physician’s name, licensure status, or licensure 11 number, obtained from the coordinated information system in 12 Section 8 of the Interstate Medical Licensure Compact and held 13 by the department or the board is exempt from s. 119.07(1) and 14 s. 24(a), Art. I of the State Constitution, unless the state 15 that originally reported the information to the coordinated 16 information system authorizes the disclosure of such information 17 by law. If disclosure is so authorized, information may be 18 disclosed only to the extent authorized by law by the reporting 19 state. 20 (2)(a) Under Section 11 of the Interstate Medical Licensure 21 Compact, a meeting or a portion of a meeting of the Interstate 22 Medical Licensure Compact Commission established may be closed 23 if it has been determined by a two-thirds vote of commissioners 24 who are present that an open meeting would likely: 25 1. Relate solely to the internal personnel practices and 26 procedures of the commission; 27 2. Discuss matters specifically exempted from disclosure by 28 federal statute; 29 3. Discuss trade secrets or commercial or financial 30 information that is privileged or confidential; 31 4. Involve accusing a person of a crime, or formally 32 censuring a person; 33 5. Discuss information of a personal nature, if disclosure 34 would constitute a clearly unwarranted invasion of personal 35 privacy; 36 6. Discuss investigative records compiled for law 37 enforcement purposes; or 38 7. Relate specifically to participation in a civil action 39 or another legal proceeding. 40 (b) In keeping with the intent of the Interstate Medical 41 Licensure Compact, recordings, minutes, and records generated 42 during an exempt proceeding are exempt in accordance with s. 43 119.07(1) and s. 24(a), Art. I of the State Constitution. 44 (3) This section is subject to the Open Government Sunset 45 Review Act in accordance with s. 119.15 and shall stand repealed 46 on October 2, 2024, unless reviewed and saved from repeal 47 through reenactment by the Legislature. 48 Section 2. (1) The Legislature finds that it is a public 49 necessity that a physician’s personal identifying information, 50 other than the physician’s name, licensure status, or licensure 51 number, obtained from the coordinated information system, as 52 defined in Section 5 of the Interstate Medical Licensure 53 Compact, as enacted in this state by s. 456.4501, Florida 54 Statutes, and held by the Department of Health and the 55 regulatory boards of the respective professions be exempt from 56 s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the 57 State Constitution. Protection of such personal identifying 58 information is required under the Interstate Medical Licensure 59 Compact, which this state must adopt in order to become a member 60 state and a party to the compact. Without the public records 61 agreement, this state will be unable to effectively and 62 efficiently implement and administer the Interstate Medical 63 Licensure Compact. 64 (2)(a) The Legislature finds that it is a public necessity 65 that any meeting of the Interstate Medical Licensure Compact 66 Commission held as provided in that section in which matters 67 specifically exempted from disclosure by federal or state law 68 are discussed be made exempt from s. 286.011, Florida Statutes, 69 and s. 24(b), Article I of the State Constitution. 70 (b) The Interstate Medical Licensure Compact requires the 71 closure of any meeting, or any portion of a meeting, of the 72 Interstate Medical Licensure Compact Commission if two-thirds of 73 the Commission members determine that certain sensitive and 74 confidential subject matters may arise during the meeting and 75 that the meeting should be closed to the public. In the absence 76 of a public meeting exemption, this state would be prohibited 77 from becoming a member state of the compact. 78 (3) The Legislature also finds that it is a public 79 necessity that the recordings, minutes, and records generated 80 during a meeting are exempt pursuant to s. 456.4502, Florida 81 Statutes, and s. 24, Article I of the State Constitution. 82 Release of such information would negate the value of the public 83 meeting exemption. As such, the Legislature finds that the 84 public records exemption is a public necessity. 85 Section 3. This act shall take effect on the same date that 86 SB 7078 or similar legislation takes effect, if such legislation 87 is adopted in the same legislative session or an extension 88 thereof and becomes a law. 89 90 ================= T I T L E A M E N D M E N T ================ 91 And the title is amended as follows: 92 Delete everything before the enacting clause 93 and insert: 94 A bill to be entitled 95 An act relating to public records and meetings; 96 creating s. 456.4502, F.S.; providing an exemption 97 from public records requirements for certain 98 information held by the Department of Health, the 99 Board of Medicine, or the Board of Osteopathic 100 Medicine pursuant to the Interstate Medical Licensure 101 Compact; providing an exemption from public meeting 102 requirements for certain meetings of the Interstate 103 Medical Licensure Commission; providing an exemption 104 from public records requirements for recordings, 105 minutes, and records generated during the closed 106 portions of such meetings; providing for future 107 legislative review and repeal of the exemptions; 108 providing a statement of public necessity; providing a 109 contingent effective date.