Florida Senate - 2021                                    SB 1852
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-00844A-21                                          20211852__
    1                        A bill to be entitled                      
    2         An act relating to public meetings; amending s.
    3         394.4575, F.S.; providing an exemption from public
    4         meeting requirements for portions of meetings of the
    5         Mental Health and Substance Abuse Disorder Services
    6         Commission at which exempt or confidential and exempt
    7         information is discussed; providing a statement of
    8         public necessity; providing a contingent effective
    9         date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Present subsection (9) of section 394.4575,
   14  Florida Statutes, as created by SB ___, 2021 Regular Session, is
   15  redesignated as subsection (10), and a new subsection (9) is
   16  added to that section, to read:
   17         394.4575 Mental Health and Substance Abuse Disorder
   18  Services Commission.—
   19         (9) Any portion of a meeting of the commission at which
   20  exempt or confidential and exempt information is discussed is
   21  exempt from s. 286.011 and s. 24(b), Art. I of the State
   22  Constitution. This subsection is subject to the Open Government
   23  Sunset Review Act in accordance with s. 119.15 and shall stand
   24  repealed on October 2, 2026, unless reviewed and saved from
   25  repeal through reenactment by the Legislature.
   26         Section 2. The Legislature finds that it is a public
   27  necessity that any portion of a meeting of the Mental Health and
   28  Substance Abuse Disorder Services Commission at which exempt or
   29  confidential and exempt information is discussed be made exempt
   30  from s. 286.011, Florida Statutes, and s. 24(b), Article I of
   31  the State Constitution. The purpose of the commission is to
   32  investigate failures in the provision of mental health and
   33  substance abuse services in this state and develop
   34  recommendations for system improvements. In order to fulfill its
   35  directive, the commission must be able to discuss exempt or
   36  confidential and exempt information that it receives as part of
   37  its investigation. The public meetings exemption will allow the
   38  commission to review and discuss exempt or confidential and
   39  exempt information that will be useful in forming meaningful
   40  recommendations for system improvements for the provision of
   41  mental health and substance abuse services. As such, it is a
   42  necessity that those portions of meetings in which exempt or
   43  confidential and exempt information is discussed be made exempt
   44  from public meetings requirements. If such portions of the
   45  meeting are not closed, the public records exemptions would be
   46  negated. Therefore, the Legislature finds that the public
   47  meeting exemption is a public necessity in order to ensure the
   48  effective and efficient administration of the Mental Health and
   49  Substance Abuse Disorder Services Commission.
   50         Section 3. This act shall take effect on the same date that
   51  SB ___ or similar legislation takes effect, if such legislation
   52  is adopted in the same legislative session or an extension
   53  thereof and becomes a law.