Florida Senate - 2020                                    SB 1388
       
       
        
       By Senator Harrell
       
       
       
       
       
       25-01386-20                                           20201388__
    1                        A bill to be entitled                      
    2         An act relating to public records and meetings;
    3         creating s. 490.0076, 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 Psychology pursuant to the Psychology
    7         Interjurisdictional Compact; authorizing disclosure of
    8         the information under certain circumstances; providing
    9         an exemption from public meeting requirements for
   10         certain meetings of the Psychology Interjurisdictional
   11         Compact Commission; providing an exemption from public
   12         records requirements for recordings, minutes, and
   13         records generated during the closed portion of such
   14         meetings; providing for future legislative review and
   15         repeal of the exemptions; providing a statement of
   16         public necessity; providing a contingent effective
   17         date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 490.0076, Florida Statutes, is created
   22  to read:
   23         490.0076 Psychology Interjurisdictional Compact; public
   24  records and meetings exemptions.—
   25         (1)A psychologist’s personal identifying information,
   26  other than the psychologist’s name, licensure status, or
   27  licensure number, obtained from the coordinated licensure
   28  information system, as described in article IX of s. 490.0075,
   29  and held by the department or the Board of Psychology is exempt
   30  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
   31  unless the state that originally reported the information to the
   32  coordinated information system authorizes the disclosure of such
   33  information by law. If disclosure is so authorized, information
   34  may be disclosed only to the extent authorized by law by the
   35  reporting state.
   36         (2)(a)A meeting or a portion of a meeting of the
   37  Psychology Interjurisdictional Compact Commission, established
   38  in article X of s. 490.0075, is exempt from s. 286.011 and s.
   39  24(b), Art. I of the State Constitution if the commission must
   40  discuss:
   41         1.Noncompliance of a compact state with its obligations
   42  under the compact;
   43         2.Employment, compensation, or discipline of, or other
   44  personnel matters, practices, or procedures related to, specific
   45  employees, or other matters related to the commission’s internal
   46  personnel practices and procedures;
   47         3.Current, threatened, or reasonably anticipated
   48  litigation against the commission;
   49         4.Negotiation of contracts for the purchase or sale of
   50  goods, services, or real estate;
   51         5.An accusation of any person of a crime or a formal
   52  censure of any person;
   53         6.Information disclosing trade secrets or commercial or
   54  financial information that is privileged or confidential;
   55         7.Information of a personal nature where disclosure would
   56  constitute a clearly unwarranted invasion of personal privacy;
   57         8.Investigatory records compiled for law enforcement
   58  purposes;
   59         9.Information related to any investigatory reports
   60  prepared by or on behalf of or for the use of the commission or
   61  other committee charged with responsibility for investigation or
   62  determination of compliance issues pursuant to the compact; or
   63         10.Matters specifically exempted from disclosure by
   64  federal or state statute.
   65         (b)In keeping with the intent of the Psychology
   66  Interjurisdictional Compact, recordings, minutes, and records
   67  generated during an exempt meeting or portion of such a meeting
   68  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   69  Constitution.
   70         (3)This section is subject to the Open Government Sunset
   71  Review Act in accordance with s. 119.15 and shall stand repealed
   72  on October 2, 2025, unless reviewed and saved from repeal
   73  through reenactment by the Legislature.
   74         Section 2. (1)The Legislature finds that it is a public
   75  necessity that a psychologist’s personal identifying
   76  information, other than the psychologist’s name, licensure
   77  status, or licensure number, obtained from the coordinated
   78  licensure information system, as described in article IX of s.
   79  490.0075, Florida Statutes, and held by the Department of Health
   80  or the Board of Psychology, be made exempt from s. 119.07(1),
   81  Florida Statutes, and s. 24(a), Article I of the State
   82  Constitution. Protection of such information is required under
   83  the Psychology Interjurisdictional Compact, which the state must
   84  adopt in order to become a member state of the compact. Without
   85  the public records exemption, this state will be unable to
   86  effectively and efficiently implement and administer the
   87  compact.
   88         (2)(a) The Legislature finds that it is a public necessity
   89  that any meeting of the Psychology Interjurisdictional Compact
   90  Commission held as provided in s. 490.0075, Florida Statutes, in
   91  which matters specifically exempted from disclosure by federal
   92  or state law are discussed be made exempt from s. 286.011,
   93  Florida Statutes, and s. 24(b), Article I of the State
   94  Constitution.
   95         (b) The Psychology Interjurisdictional Compact requires the
   96  closure of any meeting, or any portion of a meeting, of the
   97  Psychology Interjurisdictional Compact Commission if it is
   98  discussing certain sensitive and confidential subject matters or
   99  if a majority of the commission members vote to close a meeting
  100  to the public in whole or in part. In the absence of a public
  101  meeting exemption, this state would be prohibited from becoming
  102  a member state of the compact.
  103         (3)The Legislature also finds that it is a public
  104  necessity that the recordings, minutes, and records generated
  105  during a meeting that is exempt pursuant to s. 490.0076(2),
  106  Florida Statutes, be made exempt from s. 119.07(1), Florida
  107  Statutes, and s. 24(a), Article I of the State Constitution.
  108  Release of such information would negate the public meeting
  109  exemption. As such, the Legislature finds that the public
  110  records exemption is a public necessity.
  111         Section 3. This act shall take effect on the same date that
  112  SB ___ or similar legislation takes effect, if such legislation
  113  is adopted in the same legislative session or an extension
  114  thereof and becomes a law.