ENROLLED
       2024 Legislature                                          SB 322
       
       
       
       
       
       
                                                              2024322er
    1  
    2         An act relating to public records and meetings;
    3         creating ss. 456.4503, 468.1336, and 486.113, F.S.;
    4         providing an exemption from public records
    5         requirements for certain information held by the
    6         Department of Health, the Board of Medicine, the Board
    7         of Osteopathic Medicine, the Board of Speech-Language
    8         Pathology and Audiology, and the Board of Physical
    9         Therapy Practice pursuant to the Interstate Medical
   10         Licensure Compact, the Audiology and Speech-Language
   11         Pathology Interstate Compact, and the Physical Therapy
   12         Licensure Compact, as applicable; authorizing
   13         disclosure of the information under certain
   14         circumstances; providing an exemption from public
   15         meetings requirements for certain meetings, or
   16         portions of meetings, of the Interstate Medical
   17         Licensure Compact Commission, the Audiology and
   18         Speech-Language Pathology Interstate Compact
   19         Commission, and the Physical Therapy Compact
   20         Commission; providing an exemption from public records
   21         requirements for recordings, minutes, and records
   22         generated during the exempt meetings or exempt
   23         portions of meetings; providing for future legislative
   24         review and repeal of the exemptions; providing
   25         statements of public necessity; providing a contingent
   26         effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Section 456.4503, Florida Statutes, is created
   31  to read:
   32         456.4503Interstate Medical Licensure Compact Commission;
   33  public records and meetings exemptions.—
   34         (1)A physician’s personal identifying information, other
   35  than the physician’s name, licensure status, or licensure
   36  number, obtained from the coordinated information system
   37  described in Section 7 of s. 456.4501 and held by the
   38  department, the Board of Medicine, or the Board of Osteopathic
   39  Medicine, is exempt from s. 119.07(1) and s. 24(a), Art. I of
   40  the State Constitution unless the state that originally reported
   41  the information to the coordinated information system authorizes
   42  the disclosure of such information by law. If disclosure is so
   43  authorized, information may be disclosed only to the extent
   44  authorized by law by the reporting state.
   45         (2)(a)A meeting or a portion of a meeting of the
   46  Interstate Medical Licensure Compact Commission established in
   47  Section 10 of s. 456.4501 is exempt from s. 286.011 and s.
   48  24(b), Art. I of the State Constitution if the Interstate
   49  Commission determines by a two-thirds vote of the commissioners
   50  present that the meeting would be likely to:
   51         1. Relate solely to the internal personnel practices and
   52  procedures of the Interstate Commission;
   53         2. Discuss matters specifically exempted from disclosure by
   54  federal statute;
   55         3. Discuss trade secrets or commercial or financial
   56  information that is privileged or confidential;
   57         4. Involve accusing a person of a crime, or formally
   58  censuring a person;
   59         5. Discuss information of a personal nature, the disclosure
   60  of which would constitute a clearly unwarranted invasion of
   61  personal privacy;
   62         6. Discuss investigative records compiled for law
   63  enforcement purposes; or
   64         7. Specifically relate to the participation in a civil
   65  action or other legal proceeding.
   66         (b)Recordings, minutes, and records generated during an
   67  exempt meeting or exempt portion of a meeting are exempt from s.
   68  119.07(1) and s. 24(a), Art. I of the State Constitution.
   69         (3)This section is subject to the Open Government Sunset
   70  Review Act in accordance with s. 119.15 and shall stand repealed
   71  on October 2, 2029, unless reviewed and saved from repeal
   72  through reenactment by the Legislature.
   73         Section 2. Section 468.1336, Florida Statutes, is created
   74  to read:
   75         468.1336Audiology and Speech-Language Pathology Interstate
   76  Compact Commission; public meetings and public records
   77  exemptions.—
   78         (1)An audiologist’s or a speech-language pathologist’s
   79  personal identifying information, other than the audiologist’s
   80  or the speech-language pathologist’s name, licensure status, or
   81  licensure number, obtained from the coordinated database and
   82  reporting system described in Article IX of s. 468.1335 and held
   83  by the department or the board is exempt from s. 119.07(1) and
   84  s. 24(a), Art. I of the State Constitution unless the state that
   85  originally reported the information to the coordinated database
   86  and reporting system authorizes the disclosure of such
   87  information by law. If disclosure is so authorized, information
   88  may be disclosed only to the extent authorized by law by the
   89  reporting state.
   90         (2)(a)A meeting or a portion of a meeting of the Audiology
   91  and Speech-Language Pathology Interstate Compact Commission
   92  established in Article VIII of s. 468.1335 at which matters
   93  specifically exempted from disclosure by federal or state law
   94  are discussed is exempt from s. 286.011 and s. 24(b), Art. I of
   95  the State Constitution.
   96         (b)Recordings, minutes, and records generated during an
   97  exempt meeting or an exempt portion of a meeting are exempt from
   98  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   99         (3)This section is subject to the Open Government Sunset
  100  Review Act in accordance with s. 119.15 and shall stand repealed
  101  on October 2, 2029, unless reviewed and saved from repeal
  102  through reenactment by the Legislature.
  103         Section 3. Section 486.113, Florida Statutes, is created to
  104  read:
  105         486.113Physical Therapy Compact Commission; public records
  106  and meetings exemptions.—
  107         (1)A physical therapist’s or physical therapist
  108  assistant’s personal identifying information, other than the
  109  person’s name, licensure status, or licensure number, obtained
  110  from the coordinated database and reporting system described in
  111  Article VIII of s. 486.112 and held by the department or the
  112  board is exempt from s. 119.07(1) and s. 24(a), Art. I of the
  113  State Constitution unless the state that originally reported the
  114  information to the coordinated database and reporting system
  115  authorizes the disclosure of such information by law. If
  116  disclosure is so authorized, information may be disclosed only
  117  to the extent authorized by law by the reporting state.
  118         (2)(a)A meeting or a portion of a meeting of the Physical
  119  Therapy Compact Commission or the executive board or any other
  120  committee of the commission established in Article VII of s.
  121  486.112 at which matters concerning any of the following are
  122  discussed is exempt from s. 286.011 and s. 24(b), Art. I of the
  123  State Constitution:
  124         1. Noncompliance of a member state with its obligations
  125  under the compact.
  126         2. The employment, compensation, or discipline of, or other
  127  matters, practices, or procedures related to, specific employees
  128  or other matters related to the commission’s internal personnel
  129  practices and procedures.
  130         3. Current, threatened, or reasonably anticipated
  131  litigation against the commission, executive board, or other
  132  committees of the commission.
  133         4. Negotiation of contracts for the purchase, lease, or
  134  sale of goods, services, or real estate.
  135         5. An accusation of any person of a crime or a formal
  136  censure of any person.
  137         6. Information disclosing trade secrets or commercial or
  138  financial information that is privileged or confidential.
  139         7. Information of a personal nature where disclosure would
  140  constitute a clearly unwarranted invasion of personal privacy.
  141         8. Investigatory records compiled for law enforcement
  142  purposes.
  143         9. Information related to any investigative reports
  144  prepared by or on behalf of or for use of the commission or
  145  other committee charged with responsibility for investigation or
  146  determination of compliance issues pursuant to the compact.
  147         10. Matters specifically exempted from disclosure by
  148  federal or member state statute.
  149         (b)Recordings, minutes, and records generated during an
  150  exempt meeting or an exempt portion of a meeting are exempt from
  151  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  152         (3)This section is subject to the Open Government Sunset
  153  Review Act in accordance with s. 119.15 and shall stand repealed
  154  on October 2, 2029, unless reviewed and saved from repeal
  155  through reenactment by the Legislature.
  156         Section 4. (1)The Legislature finds that it is a public
  157  necessity that any physician’s, audiologist’s, speech-language
  158  pathologist’s, physical therapist’s, or physical therapist
  159  assistant’s personal identifying information, other than the
  160  person’s name, licensure status, or licensure number, obtained
  161  from the coordinated database and reporting systems described in
  162  Section 7 of s. 456.4501, Florida Statutes, Article IX of s.
  163  468.1335, Florida Statutes, or Article VIII of s. 486.112,
  164  Florida Statutes, and held by the Department of Health, the
  165  Board of Medicine, the Board of Osteopathic Medicine, the Board
  166  of Speech-Language Pathology and Audiology, or the Board of
  167  Physical Therapy Practice, as applicable, be made exempt from s.
  168  119.07(1), Florida Statutes, and s. 24(a), Article I of the
  169  State Constitution. Protection of such information is required
  170  under the Interstate Medical Licensure Compact, the Audiology
  171  and Speech-Language Pathology Interstate Compact, and the
  172  Physical Therapy Licensure Compact, each of which must be
  173  adopted by the Legislature in order for this state to become a
  174  member state of the respective compacts. Without the public
  175  records exemption, this state would be unable to effectively and
  176  efficiently implement and administer the respective compacts.
  177         (2)(a)The Legislature finds that it is a public necessity
  178  that any meeting or portion of a meeting of the Interstate
  179  Medical Licensure Compact Commission, the Audiology and Speech
  180  Language Pathology Interstate Compact Commission, or the
  181  Physical Therapy Compact Commission held as provided in s.
  182  456.4501, Florida Statutes, s. 468.1335, Florida Statutes, or s.
  183  486.112, Florida Statutes, respectively, in which matters
  184  specifically exempted from disclosure by federal or state law
  185  are discussed be made exempt from s. 286.011, Florida Statutes,
  186  and s. 24(b), Article I of the State Constitution.
  187         (b)The Interstate Medical Licensure Compact, the Audiology
  188  and Speech-Language Pathology Interstate Compact, and the
  189  Physical Therapy Licensure Compact require that any meeting or
  190  portion of a meeting of the Interstate Medical Licensure Compact
  191  Commission, the Audiology and Speech-Language Pathology
  192  Interstate Compact Commission, and the Physical Therapy Compact
  193  Commission, respectively, in which the substance of paragraph
  194  (a) is discussed be closed to the public. In the absence of a
  195  public meetings exemption, the state would be prohibited from
  196  becoming a member state of the respective compacts and, thus,
  197  prohibited from effectively and efficiently administering the
  198  respective compacts.
  199         (3)The Legislature also finds that it is a public
  200  necessity that the recordings, minutes, and records generated
  201  during a meeting or a portion of a meeting exempt pursuant to s.
  202  456.4503(2), Florida Statutes, s. 468.1336(2), Florida Statutes,
  203  or s. 486.113(2), Florida Statutes, be made exempt from s.
  204  119.07(1), Florida Statutes, and s. 24(a), Article I of the
  205  State Constitution. Release of such information would negate the
  206  public meetings exemption. As such, the Legislature finds that
  207  the public records exemption is a public necessity.
  208         Section 5. This act shall take effect on the same date that
  209  SB 7016 or similar legislation takes effect, if such legislation
  210  is adopted in the same legislative session or an extension
  211  thereof and becomes a law.