HB 955 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to public records and meetings; 2
creating s. 490.0076, F.S.; providing an exemption 3
from public records requirements for certain 4
information held by the Department of Health or the 5
Board of Psychology pursuant to the Psychology 6
Interjurisdictional Compact; authorizing disclosure of 7
the information under certain circumstances; providing 8
an exemption from public meeting requirements for 9
certain meetings of the Psychology Interjurisdictional 10
Compact Commission; providing an exemption from public 11
records requirements for recordings, minutes, and 12
records generated during the closed portion of such 13
meetings; providing for future legislative review and 14
repeal of the exemptions; providing a statement of 15
public necessity; providing a contingent effective 16
date. 17
18
Be It Enacted by the Legislature of the State of Florida: 19
20
Section 1. Section 490.0076, Florida Statutes, is created 21
to read: 22
490.0076 Psychology Interjurisdictional Compact; public 23
records and meetings exemptions. — 24
(1) A psychologist's personal identifying information, 25
HB 955 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
other than the psychologist's name, licensure status, or 26
licensure number, obtained from the coordinated licensure 27
information system, as described in article IX of s. 490.0075, 28
and held by the department or the Board of Psychology is exempt 29
from s. 119.07(1) and s. 24(a), Art. I of the State Constitution 30
unless the state that originally reported the information to the 31
coordinated information system authorizes the disclosure of such 32
information by law. If disclosure is so authorized, information 33
may be disclosed only to the extent authorized by law by the 34
reporting state. 35
(2)(a) A meeting or a portion of a meeting of the 36
Psychology Interjurisdictional Compact Commission, established 37
in article X of s. 490.0075, is exempt from s. 286.011 and s. 38
24(b), Art. I of the State Constitution if the commission must 39
discuss: 40
1. Noncompliance of a compact state with its obligations 41
under the compact; 42
2. Employment, compensation, or discipline of, or other 43
personnel matters, practices, or procedures related to, specific 44
employees, or other matters related to the commission's internal 45
personnel practices and procedures; 46
3. Current, threatened, or reasonably anticipated 47
litigation against the commission; 48
4. Negotiation of contracts for the purchase or sale of 49
goods, services, or real estate; 50
HB 955 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
5. An accusation of any person of a crime or a formal 51
censure of any person; 52
6. Information disclosing trade secrets or commercial or 53
financial information that is privileged or confidential; 54
7. Information of a personal nature where disclosure would 55
constitute a clearly unwarranted invasion of personal privacy; 56
8. Investigatory records compi led for law enforcement 57
purposes; 58
9. Information related to any investigatory reports 59
prepared by or on behalf of or for the use of the commission or 60
other committee charged with responsibility for investigation or 61
determination of compliance issues purs uant to the compact; or 62
10. Matters specifically exempted from disclosure by 63
federal or state statute. 64
(b) In keeping with the intent of the Psychology 65
Interjurisdictional Compact, recordings, minutes, and records 66
generated during an exempt meeting or portion of such a meeting 67
are exempt 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, 2027, unless r eviewed and saved from repeal 72
through reenactment by the Legislature. 73
Section 2. (1) The Legislature finds that it is a public 74
necessity that a psychologist's personal identifying 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
information, other than the psychologist's name, licensure 76
status, or licensure number, obtained from the coordinated 77
licensure information system, as described in article IX of s. 78
490.0075, Florida Statutes, and held by the Department of Health 79
or the Board of Psychology, be made exempt from s. 119.07(1), 80
Florida Statutes, and s. 24(a), Article I of the State 81
Constitution. Protection of such information is required under 82
the Psychology Interjurisdictional Compact, which the state must 83
adopt in order to become a member state of the compact. Without 84
the public records exemption , this state will be unable to 85
effectively and efficiently implement and administer the 86
compact. 87
(2)(a) The Legislature finds that it is a public necessity 88
that any meeting of the Psychology Interjurisdictional Compact 89
Commission held as provided in s. 4 90.0075, Florida Statutes, in 90
which matters specifically exempted from disclosure by federal 91
or state law are discussed be made exempt from s. 286.011, 92
Florida Statutes, and s. 24(b), Article I of the State 93
Constitution. 94
(b) The Psychology Interjurisdict ional Compact requires 95
the closure of any meeting, or any portion of a meeting, of the 96
Psychology Interjurisdictional Compact Commission if it is 97
discussing certain sensitive and confidential subject matters or 98
if a majority of the commission members vote to close a meeting 99
to the public in whole or in part. In the absence of a public 100
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meeting exemption, this state would be prohibited from becoming 101
a member state of the compact. 102
(3) The Legislature also finds that it is a public 103
necessity that the recordin gs, minutes, and records generated 104
during a meeting that is exempt pursuant to s. 490.0076(2), 105
Florida Statutes, be made exempt from s. 119.07(1), Florida 106
Statutes, and s. 24(a), Article I of the State Constitution. 107
Release of such information would negate the public meeting 108
exemption. As such, the Legislature finds that the public 109
records exemption is a public necessity. 110
Section 3. This act shall take effect on the same date 111
that HB 953 or similar legislation takes effect , if such 112
legislation is adopted in the same legislative session or an 113
extension thereof and becomes a law. 114