Florida Senate - 2026 SB 972
By Senator Wright
8-01302-26 2026972__
1 A bill to be entitled
2 An act relating to public records and meetings;
3 creating s. 468.3711, 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 Respiratory Care pursuant to the Respiratory
7 Care Interstate Compact; authorizing the disclosure of
8 such information under certain circumstances;
9 providing an exemption from public meetings
10 requirements for certain meetings or portions of
11 meetings of the Respiratory Care Interstate Compact
12 Commission or the executive committee of the
13 commission; providing an exemption from public records
14 requirements for recordings, minutes, and records
15 generated during exempt portions of such meetings;
16 providing for future legislative review and repeal of
17 the exemptions; providing statements of public
18 necessity; providing a contingent effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 468.3711, Florida Statutes, is created
23 to read:
24 468.3711 Respiratory Care Interstate Compact Commission;
25 public meetings and public records exemptions.—
26 (1) A respiratory therapist’s personal identifying
27 information, other than his or her name, licensure status, or
28 licensure number, obtained from the data system described in
29 Art. VIII of s. 468.371 and held by the department or the board
30 is exempt from s. 119.07(1) and s. 24(a), Art. I of the State
31 Constitution unless the state that originally reported the
32 information to the data system authorizes the disclosure of such
33 information by law. If disclosure is so authorized, such
34 information may be disclosed only to the extent authorized by
35 the law of the reporting state.
36 (2)(a) Any meeting or a portion of a meeting of the
37 Respiratory Care Interstate Compact Commission or the executive
38 committee of the commission established in Art. VII of s.
39 468.371 at which certain sensitive and confidential matters, as
40 specified in subsection (6) of Art. VII of s. 468.371, are
41 discussed is exempt from s. 286.011 and s. 24(b), Art. I of the
42 State Constitution.
43 (b) Recordings, minutes, and records generated during an
44 exempt meeting or exempt portion of a meeting are exempt from s.
45 119.07(1) and s. 24(a), Art. I of the State Constitution.
46 (3) This section is subject to the Open Government Sunset
47 Review Act in accordance with s. 119.15 and shall stand repealed
48 on October 2, 2031, unless reviewed and saved from repeal
49 through reenactment by the Legislature.
50 Section 2. (1) The Legislature finds that it is a public
51 necessity that a respiratory therapist’s personal identifying
52 information, other than his or her name, licensure status, or
53 licensure number, obtained from the data system described in
54 Article VIII of s. 468.371, Florida Statutes, and held by the
55 Department of Health or the Board of Respiratory Care be made
56 confidential and exempt from s. 119.07(1), Florida Statutes, and
57 s. 24(a), Article I of the State Constitution. The personal
58 identifying information of a respiratory therapist should be
59 protected from public disclosure. Protection of such information
60 is required under the Respiratory Care Interstate Compact.
61 Without the public records exemption, this state will be unable
62 to effectively implement and administer the compact.
63 (2)(a) The Legislature further finds that it is a public
64 necessity that any meeting of the Respiratory Care Interstate
65 Compact Commission or the executive committee of the commission,
66 as provided in s. 468.371, Florida Statutes, at which matters
67 specifically exempted from disclosure by federal or state law
68 are discussed be made exempt from s. 286.011, Florida Statutes,
69 and s. 24(b), Article I of the State Constitution.
70 (b) The Respiratory Care Interstate Compact requires the
71 closure of any meeting, or portion of a meeting, of the
72 Respiratory Care Interstate Compact Commission or the executive
73 committee of the commission, if the presiding officer states in
74 a public meeting that the commission or the executive committee
75 of the commission must discuss certain sensitive and
76 confidential matters as specified in subsection (6) of Article
77 VII of s. 468.371, Florida Statutes. In the absence of a public
78 meetings exemption, this state would be prohibited from becoming
79 a member state of the compact.
80 (3) The Legislature further finds that it is a public
81 necessity that the recordings, minutes, and records generated
82 during a meeting held as provided in s. 468.371, Florida
83 Statutes, which are exempt from public meetings requirements be
84 made exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
85 Article I of the State Constitution. Release of such information
86 would negate the public meetings exemption. As such, the
87 Legislature finds that the public records exemption is a public
88 necessity.
89 Section 3. This act shall take effect on the same date that
90 SB 970 or similar legislation takes effect, if such legislation
91 is adopted in the same legislative session or an extension
92 thereof and becomes a law.