Florida Senate - 2025 SB 436 By Senator Harrell 31-00352-25 2025436__ 1 A bill to be entitled 2 An act relating to public records and meetings; 3 creating s. 490.017, F.S.; providing an exemption from 4 public meetings requirements for certain portions of 5 meetings of the Interstate Compact for School 6 Psychologists Commission and its executive committee; 7 providing an exemption from public records 8 requirements for recordings, minutes, and records 9 generated during exempt portions of such meetings; 10 providing for future legislative review and repeal of 11 the exemptions; providing statements of public 12 necessity; providing a contingent effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Section 490.017, Florida Statutes, is created to 17 read: 18 490.017 Interstate Compact for School Psychologists 19 Commission; public meetings and public records exemptions.— 20 (1) Any portion of a meeting of the Interstate Compact for 21 School Psychologists Commission or its executive committee in 22 which any of the following information is discussed is exempt 23 from s. 286.011 and s. 24(b), Art. I of the State Constitution: 24 (a) Noncompliance of a member state with its obligations 25 under the compact; 26 (b) The employment, compensation, discipline, or other 27 matters, practices, or procedures related to specific employees 28 or other matters related to the commission’s internal personnel 29 practices and procedures; 30 (c) Current, threatened, or reasonably anticipated 31 litigation; 32 (d) Negotiation of contracts for the purchase, lease, or 33 sale of goods, services, or real estate; 34 (e) Accusing any person of a crime or formally censuring 35 any person; 36 (f) Trade secrets or commercial or financial information 37 that is privileged or confidential; 38 (g) Information of a personal nature if disclosure would 39 constitute a clearly unwarranted invasion of personal privacy; 40 (h) Investigative records compiled for law enforcement 41 purposes; 42 (i) Information relating to any investigative reports 43 prepared by or on behalf of or for use by the commission or 44 executive committee when investigating or determining compliance 45 with the compact; or 46 (j) Matters specifically exempted from disclosure by 47 federal or state practice laws. 48 (2) If a meeting, or portion of a meeting, is closed, the 49 presiding officer must state that the meeting will be closed and 50 reference each relevant exempting provision, and such reference 51 must be recorded in the minutes. 52 (3) The commission shall keep minutes that fully and 53 clearly describe all matters discussed in a meeting and shall 54 provide a full and accurate summary of actions taken, and the 55 reasons therefor, including a description of the views 56 expressed. All documents considered in connection with an action 57 must be identified in such minutes. All minutes and documents of 58 a closed meeting must remain under seal, subject to release only 59 by a majority vote of the commission or by order of a court of 60 competent jurisdiction. 61 (4) Recordings, minutes, and records generated during any 62 portion of an exempt meeting are exempt from s. 119.07(1) and s. 63 24(a), Art. I of the State Constitution. 64 (5) This section is subject to the Open Government Sunset 65 Review Act in accordance with s. 119.15 and shall stand repealed 66 on October 2, 2030, unless reviewed and saved from repeal 67 through reenactment by the Legislature. 68 Section 2. (1) The Legislature finds that it is a public 69 necessity that any portion of a meeting of the Interstate 70 Compact for School Psychologists Commission or its executive 71 committee held as provided in s. 490.016, Florida Statutes, in 72 which matters specifically exempted from disclosure by federal 73 or state law are discussed be made exempt from s. 286.011, 74 Florida Statutes, and s. 24(b), Article I of the State 75 Constitution. 76 (2) The Interstate Compact for School Psychologists 77 requires the closure of any portion of a meeting of the 78 Interstate Compact for School Psychologists Commission or its 79 executive committee in which, in connection with the performance 80 of its duties, the commission or executive committee must 81 discuss certain sensitive and confidential subject matters as 82 specified in s. 490.017(1), Florida Statutes. In the absence of 83 a public meetings exemption, this state would be prohibited from 84 becoming a member state of the compact. Thus, this state would 85 be unable to effectively and efficiently administer the compact. 86 (3) The Legislature also finds that it is a public 87 necessity that the recordings, minutes, and records generated 88 during any portion of a meeting held as provided in s. 490.016, 89 Florida Statutes, that is exempt from public meetings 90 requirements be made exempt from s. 119.07(1), Florida Statutes, 91 and s. 24(a), Article I of the State Constitution. Release of 92 such information would negate the public meetings exemption. As 93 such, the Legislature finds that the public records exemption is 94 a public necessity. 95 Section 3. This act shall take effect on the same date that 96 SB 434 or similar legislation takes effect, if such legislation 97 is adopted in the same legislative session or an extension 98 thereof and becomes a law.