Florida Senate - 2025                                    SB 1012
       
       
        
       By Senator Calatayud
       
       
       
       
       
       38-01952-25                                           20251012__
    1                        A bill to be entitled                      
    2         An act relating to public records and meetings;
    3         creating s. 468.2265, 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 Occupational Therapy pursuant to the
    7         Occupational Therapy Licensure Compact; authorizing
    8         disclosure of the information under certain
    9         circumstances; providing an exemption from public
   10         meetings requirements for certain meetings, or
   11         portions of meetings, of the Occupational Therapy
   12         Compact Commission; providing an exemption from public
   13         records requirements for recordings, minutes, and
   14         records generated during the exempt meetings or exempt
   15         portions of meetings; providing for future legislative
   16         review and repeal of the exemption; providing
   17         statements of public necessity; providing a contingent
   18         effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 468.2265, Florida Statutes, is created
   23  to read:
   24         468.2265 Occupational Therapy Compact Commission; public
   25  records and meetings exemptions.—
   26         (1)An occupational therapist’s or occupational therapy
   27  assistant’s personal identifying information, other than the
   28  person’s name, licensure status, or licensure number, obtained
   29  from the coordinated database and reporting system described in
   30  Article VIII of s. 468.226 and held by the department or the
   31  board is exempt from s. 119.07(1) and s. 24(a), Art. I of the
   32  State Constitution unless the state that originally reported the
   33  information to the coordinated database and reporting system
   34  authorizes the disclosure of such information by law. If
   35  disclosure is so authorized, information may be disclosed only
   36  to the extent authorized by law by the reporting state.
   37         (2)(a)A meeting or a portion of a meeting of the
   38  Occupational Therapy Compact Commission or the executive board
   39  or any other committee of the commission established in Article
   40  VII of s. 468.226 at which matters concerning any of the
   41  following are discussed is exempt from s. 286.011 and s. 24(b),
   42  Art. I of the State Constitution:
   43         1. Noncompliance of a member state with its obligations
   44  under the compact.
   45         2. The employment, compensation, or discipline of, or other
   46  matters, practices, or procedures related to, specific employees
   47  or other matters related to the commission’s internal personnel
   48  practices and procedures.
   49         3. Current, threatened, or reasonably anticipated
   50  litigation against the commission, executive board, or other
   51  committees of the commission.
   52         4. Negotiation of contracts for the purchase, lease, or
   53  sale of goods, services, or real estate.
   54         5. An accusation of any person of a crime or a formal
   55  censure of any person.
   56         6. Information disclosing trade secrets or commercial or
   57  financial information that is privileged or confidential.
   58         7. Information of a personal nature when disclosure would
   59  constitute a clearly unwarranted invasion of personal privacy.
   60         8. Investigatory records compiled for law enforcement
   61  purposes.
   62         9. Information related to any investigative reports
   63  prepared by or on behalf of or for use of the commission or
   64  other committee charged with responsibility for investigation or
   65  determination of compliance issues pursuant to the compact.
   66         10. Matters specifically exempted from disclosure by
   67  federal or member state statute.
   68         (b)Recordings, minutes, and records generated during an
   69  exempt meeting or an exempt portion of a meeting are exempt from
   70  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   71         (3)This section is subject to the Open Government Sunset
   72  Review Act in accordance with s. 119.15 and shall stand repealed
   73  on October 2, 2030, unless reviewed and saved from repeal
   74  through reenactment by the Legislature.
   75         Section 2. (1) The Legislature finds that it is a public
   76  necessity that any occupational therapist’s or occupational
   77  therapy assistant’s personal identifying information, other than
   78  the person’s name, licensure status, or licensure number,
   79  obtained from the coordinated database and reporting system
   80  described in Article VIII of s. 468.226, Florida Statutes, and
   81  held by the Department of Health or Board of Occupational
   82  Therapy be made exempt from s. 119.07(1), Florida Statutes, and
   83  s. 24(a), Article I of the State Constitution. Protection of
   84  such information is required under the Occupational Therapy
   85  Licensure Compact, which must be adopted by the Legislature in
   86  order for this state to become a member state of the compact.
   87  Without the public records exemption, this state would be unable
   88  to effectively and efficiently implement and administer the
   89  compact.
   90         (2)(a) The Legislature finds that it is a public necessity
   91  that any meeting or portion of a meeting of the Occupational
   92  Therapy Compact Commission held as provided in Article VII of s.
   93  468.226, Florida Statutes, in which matters specifically
   94  exempted from disclosure by federal or state law are discussed
   95  be made exempt from s. 286.011, Florida Statutes, and s. 24(b),
   96  Article I of the State Constitution.
   97         (b) The Occupational Therapy Licensure Compact requires
   98  that any meeting or portion of a meeting of the Occupational
   99  Therapy Compact Commission in which the matters specified in
  100  paragraph (a) are discussed be closed to the public. In the
  101  absence of a public meetings exemption, the state would be
  102  prohibited from becoming a member state of the compact and,
  103  thus, prohibited from effectively and efficiently administering
  104  the compact.
  105         (3) The Legislature also finds that it is a public
  106  necessity that the recordings, minutes, and records generated
  107  during a meeting or a portion of a meeting exempt pursuant to s.
  108  468.2265(2), Florida Statutes, as created by this act, be made
  109  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
  110  Article I of the State Constitution. Release of such information
  111  would negate the public meetings exemption. As such, the
  112  Legislature finds that the public records exemption is a public
  113  necessity.
  114         Section 3. This act shall take effect on the same date that
  115  SB 1010 or similar legislation takes effect, if such legislation
  116  is adopted in the same legislative session or an extension
  117  thereof and becomes a law.