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.