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.