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         490.017Interstate 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.