Florida Senate - 2022 CS for SB 590 By the Committee on Governmental Oversight and Accountability; and Senator Rodriguez 585-01997-22 2022590c1 1 A bill to be entitled 2 An act relating to public records and meetings; 3 creating s. 491.018, F.S.; providing an exemption from 4 public records requirements for certain information 5 held by the Department of Health or the Board of 6 Clinical Social Work, Marriage and Family Therapy, and 7 Mental Health Counseling pursuant to the Professional 8 Counselors Licensure Compact; authorizing the 9 disclosure of such information under certain 10 circumstances; providing an exemption from public 11 meetings requirements for certain meetings or portions 12 of certain meetings of the Counseling Compact 13 Commission or its executive committee; providing an 14 exemption from public records requirements for 15 recordings, minutes, and records generated during the 16 closed portions of such meetings; providing for future 17 legislative review and repeal of the exemptions; 18 providing statements of public necessity; providing a 19 contingent effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Section 491.018, Florida Statutes, is created to 24 read: 25 491.018 Professional Counselors Licensure Compact; public 26 records and meetings exemptions.— 27 (1) A counselor’s personal identifying information, other 28 than the counselor’s name, licensure status, or licensure 29 number, obtained from the data system, as described in article X 30 of s. 491.017, and held by the department or the Board of 31 Clinical Social Work, Marriage and Family Therapy, and Mental 32 Health Counseling is exempt from s. 119.07(1) and s. 24(a), Art. 33 I of the State Constitution unless the state that originally 34 reported the information to the data system authorizes the 35 disclosure of such information by law. If disclosure is so 36 authorized, information may be disclosed only to the extent 37 authorized by law by the reporting state. 38 (2)(a) A meeting or a portion of a meeting of the 39 Counseling Compact Commission, established in article IX of s. 40 491.017, or the executive committee of the commission is exempt 41 from s. 286.011 and s. 24(b), Art. I of the State Constitution 42 if the chair of the commission declares the specific reasons it 43 is necessary to close the meeting or a portion thereof in a 44 document that is a public record and held by the commission and 45 announces at a public meeting that, in connection with the 46 performance of the commission’s duties, it is necessary that the 47 commission discuss: 48 1. Pending litigation to which the commission is presently 49 a party before a court or administrative agency in accordance 50 with s. 286.011(8). 51 2. Negotiation of contracts under competitive solicitation 52 as provided in s. 286.0113(2). 53 3. Disclosure of trade secrets or commercial or financial 54 information that is privileged or confidential. 55 4. Records made exempt under this section. 56 5. Matters specifically exempted from disclosure by federal 57 or member state law. 58 (b) In keeping with the intent of the Professional 59 Counselors Licensure Compact, recordings, minutes, and records 60 generated during an exempt meeting or portion of such a meeting 61 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 62 Constitution. 63 (3) This section is subject to the Open Government Sunset 64 Review Act in accordance with s. 119.15 and shall stand repealed 65 on October 2, 2027, unless reviewed and saved from repeal 66 through reenactment by the Legislature. 67 Section 2. (1) The Legislature finds that it is a public 68 necessity that a counselor’s personal identifying information, 69 other than the counselor’s name, licensure status, or licensure 70 number, obtained from the data system, as described in article X 71 of s. 491.017, Florida Statutes, and held by the Department of 72 Health or the Board of Clinical Social Work, Marriage and Family 73 Therapy, and Mental Health Counseling be made exempt from s. 74 119.07(1), Florida Statutes, and s. 24(a), Art. I of the State 75 Constitution. Protection of such information is required under 76 the Professional Counselors Licensure Compact, which the state 77 must adopt in order to become a member state of the compact. 78 Without the public records exemption, this state will be unable 79 to effectively and efficiently implement and administer the 80 compact. 81 (2)(a) The Legislature finds that it is a public necessity 82 that any meeting of the Counseling Compact Commission or the 83 executive committee or other committees of the commission held 84 as provided in article IX of s. 491.017, Florida Statutes, in 85 which matters specifically exempted from disclosure by federal 86 or state law are discussed be made exempt from s. 286.011, 87 Florida Statutes, and s. 24(b), Art. I of the State 88 Constitution. 89 (b) The Professional Counselors Licensure Compact requires 90 the closure of any meeting, or any portion of a meeting, of the 91 Counseling Compact Commission or the executive committee or 92 other committees of the commission if the commission’s legal 93 counsel or designee has certified that the meeting may be closed 94 because the commission or executive committee or other 95 committees of the commission must discuss certain sensitive and 96 confidential subject matters. In the absence of a public meeting 97 exemption, this state would be prohibited from becoming a member 98 state of the compact. 99 (3) The Legislature also finds that it is a public 100 necessity that the recordings, minutes, and records generated 101 during a meeting that is exempt pursuant to article IX of s. 102 491.017, Florida Statutes, be made exempt from s. 119.07(1), 103 Florida Statutes, and s. 24(a), Art. I of the State 104 Constitution. Release of such information would negate the 105 public meetings exemption. As such, the Legislature finds that 106 the public records exemption is a public necessity. 107 Section 3. This act shall take effect on the same date that 108 SB 358 or similar legislation takes effect, if such legislation 109 is adopted in the same legislative session or an extension 110 thereof and becomes a law.