H 695

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1A bill to be entitled
2An act relating to public records and meetings;
3creating ss. 401.4661, 456.661, and 491.023, F.S.;
4providing exemptions from public meetings requirements
5for certain portions of meetings of the Interstate
6Commission for EMS Personnel Practice, the Physician
7Assistant Licensure Compact Commission, and the Social
8Work Licensure Compact Commission, respectively;
9providing an exemption from public records
10requirements for recordings, minutes, and records
11generated during exempt portions of such meetings;
12providing for future legislative review and repeal of
13the exemptions; providing a statement of public
14necessity; providing a contingent effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18Section 1.  Section 401.4661, Florida Statutes, is created
19to read:
20401.4661  The Interstate Commission for EMS Personnel
21Practice; public meetings and public records exemptions.—
22(1)     An emergency medical services personnel's personal
23identifying information, other than his or her name, licensure
24status, or licensure number, obtained from the coordinated
25database described in Article XI of s. 401.466 and held by the
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26    department or the board is exempt from s. 119.07(1) and s.
27    24(a), Art. I of the State Constitution unless the state that
28    originally reported the information to the data system
29    authorizes the disclosure of such information by law. If
30    disclosure is so authorized, such information may be disclosed
31    only to the extent authorized by law of the reporting state.
32(2)(a)       Any meeting or a portion of a meeting of the
33    Interstate Commission for EMS Personnel Practice, the executive
34    committee, or other committee of the commission established in
35    Article X of s. 401.466, at which matters specifically exempted
36    from disclosure by federal or state law are discussed is exempt
37    from s. 286.011 and s. 24(b), Art. I of the State Constitution.
38(b)     Recordings, minutes, and records generated during an
39    exempt meeting or portion of such a meeting are exempt from s.
40    119.07(1) and s. 24(a), Art. I of the State Constitution
41(3)     This section is subject to the Open Government Sunset
42    Review Act in accordance with s. 119.15 and shall stand repealed
43    on October 2, 2031, unless reviewed and saved from repeal
44    through reenactment by the Legislature.
45Section 2.  Section 456.661, Florida Statutes, is created
46    to read:
47456.661       Physician Assistant Licensure Compact Commission;
48    public meetings and public records exemptions.—
49(1)     A physician assistant's personal identifying
50    information, other than his or her name, licensure status, or
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51    licensure number, obtained from the data system described in
52    Article VIII of s. 456.66, and held by the department or the
53    board, is exempt from s. 119.07(1) and s. 24(a), Art. I of the
54    State Constitution unless the state that originally reported the
55    information to the data system authorizes the disclosure of such
56    information by law. If disclosure is so authorized, such
57    information may be disclosed only to the extent authorized by
58    law of the reporting state.
59(2)(a)       Any meeting or a portion of a meeting of the
60    Physician Assistant Licensure Compact Commission, the executive
61    committee, or other committee of the commission established in
62    Article VII of s. 456.66, at which matters specifically exempted
63    from disclosure by federal or state law are discussed is exempt
64    from s. 286.011 and s. 24(b), Art. I of the State Constitution.
65(b)     Recordings, minutes, and records generated during an
66    exempt meeting or exempt portion of such a meeting are exempt
67    from s. 119.07(1) and s. 24(a), Art. I of the State
68    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, 2031, unless reviewed and saved from repeal
72    through reenactment by the Legislature.
73Section 3.  Section 491.023, Florida Statutes, is created
74    to read:
75491.023       Social Work Licensure Interstate Compact; public
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76     records and meetings exemptions.—
77(1)     A social worker's personal identifying information,
78     other than the social worker's name, licensure status, or
79     licensure number, obtained from the data system, as described in
80     Art. XI of s. 491.022, and held by the department or the board
81     is exempt from s. 119.07(1) and s. 24(a), Art. I of the State
82     Constitution unless the state that originally reported the
83     information to the data system authorizes the disclosure of such
84     information by law. If disclosure is so authorized, such
85     information may be disclosed only to the extent authorized by
86     the law of the reporting state.
87(2)(a)       A meeting or a portion of a meeting of the Social
88     Work Licensure Compact Commission or the executive committee or
89     other committee of the commission, established in Article X of
90     s. 491.022, at which matters specifically exempted from
91     disclosure by federal or state law is exempt from s. 286.011 and
92     s. 24(b), Art. I of the State Constitution.
93(b)     Recordings, minutes, and records generated during an
94     exempt meeting or portion of such a meeting are exempt from s.
95     119.07(1) and s. 24(a), Art. I of the State Constitution.
96(3)     This section is subject to the Open Government Sunset
97     Review Act in accordance with s. 119.15 and shall stand repealed
98     on October 2, 2031, unless reviewed and saved from repeal
99     through reenactment by the Legislature.
100Section 4.  (1)     The Legislature finds that it is a public
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101    necessity that an emergency medical technician's, a paramedic's,
102    a physician assistant's, and a social worker's personal
103    identifying information, other than his or her name, licensure
104    status, or licensure number obtained from the coordinated
105    database and the data system, as described in Article XI of s.
106    401.466, Article VIII of s. 456.66, and Article XI of s.
107    491.022, Florida Statutes, respectively, and held by the
108    Department of Health, the Board of Medicine, the Board of
109    Osteopathic Medicine, or the Board of Clinical Social Work,
110    Marriage and Family Therapy, and Mental Health Counseling be
111    made exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
112    Article I of the State Constitution. Protection of such
113    information is required under the Emergency Medical Services
114    Personnel Licensure Interstate Compact, the Physician Assistant
115    Licensure Compact, and the Social Work Licensure Interstate
116    Compact. Without the public records exemption, this state will
117    be unable to effectively implement and administer the compact.
118(2)(a)       The Legislature further finds that it is a public
119    necessity that any meeting of the Interstate Commission for EMS
120    Personnel Practice, the Physician Assistant Licensure Compact
121    Commission, or the Social Work Licensure Compact Commission, or
122    the executive committee or other committee of such commissions,
123    held as provided in s. 401.466, s. 456.66, or s. 491.022,
124    Florida Statutes, respectively, in which matters specifically
125    exempted from disclosure by federal or state law are discussed
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126    be made exempt from s. 286.011, Florida Statutes, and s. 24(b),
127    Article I of the State Constitution.
128(b)     The Interstate Commission for EMS Personnel Practice,
129    the Physician Assistant Licensure Compact Commission, and the
130    Social Work Licensure Interstate Compact require the closure of
131    any meeting, or portion of a meeting, held by the Interstate
132    Commission for EMS Personnel Practice, the Physician Assistant
133    Licensure Compact Commission, and the Social Work Licensure
134    Interstate Compact Commission, or the executive committee or
135    other committee of such commissions, if the presiding officer
136    announces in a public meeting that, in connection with the
137    performance of the commission's duties, the commission must
138    discuss certain sensitive and confidential subject matters. In
139    the absence of a public meetings exemption, this state would be
140    prohibited from becoming a member state of the compact.
141(3)     The Legislature further finds that it is a public
142    necessity that the recordings, minutes, and records generated
143    during a meeting held as provided in s. 401.466, s. 456.66, or
144    s. 491.022, Florida Statutes, which are exempt from public
145    meetings requirements, be made exempt from s. 119.07(1), Florida
146    Statutes, and s. 24(a), Article I of the State Constitution.
147    Release of such information would negate the public meetings
148    exemption. As such, the Legislature finds that the public
149    records exemption is a public necessity.
150Section 5.  This act shall take effect on the same date
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151    that HB 693 or similar legislation takes effect, if such
152    legislation is adopted in the same legislative session or an
153    extension thereof and becomes law.
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