This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0955.PPH
DATE: 1/24/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 955 Pub. Rec. and Meetings/Psychology Interjurisdictional Compact
SPONSOR(S): Hunschofsky
TIED BILLS: HB 953 IDEN./SIM. BILLS: SB 1372
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Professions & Public Health Subcommittee Morris McElroy
2) Government Operations Subcommittee
3) Health & Human Services Committee
SUMMARY ANALYSIS
HB 953 authorizes Florida to enter into the Psychology Interjurisdictional Compact (PSYPACT or compact) enacting its
provisions into the laws of the state. PSYPACT is an interstate compact that facilitates the practice of psychology using
telepsychology and in-person, face-to-face psychological practice to patients in other states. The compact requires states
to submit psychologist licensure and regulation records, including any actions taken against the ability to practice, to a
coordinated licensure information system (coordinated database). The compact also requires a commission to be formed
to oversee the implementation and administration of the compact and the coordinated database.
This bill, which is linked to the passage of HB 953, creates public records and public meetings exemptions for certain
records and meetings relating to PSYPACT.
The bill also creates a public meeting exemption for commission meetings, if the commission must discuss:
Noncompliance of a party state with its obligations under the compact;
The employment, compensation, discipline, or other personnel matters, practices, or procedures related
to specific employees or other matters related to the commission’s internal personnel practices and
procedure;
Current, threatened, or reasonably anticipated litigation;
Contract negotiations for the purchase or sale of goods, services, or real estate;
Accusing a person of a crime or formally censuring a person;
Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted
invasion of personal privacy if disclosed to the public;
Disclosure of active investigatory records compiled for law enforcement purposes;
Disclosure of information related to any reports prepared by or on behalf of the commission for the
purpose of investigation for compliance with the compact;
Matters specifically exempted from disclosure by federal law or the laws of any party state; and
Information made exempt pursuant to the rules or the bylaws of the commission, which would protect the
public’s interest, the privacy of individuals, and proprietary information.
The bill provides that the public record exemption is subject to the Open Government Sunset Review Act and will repeal
on October 2, 2027, unless reviewed and saved from repeal by the Legislature. It also provides a statement of public
necessity as required by the Florida Constitution.
The bill has an insignificant, negative fiscal impact on the Department of Health and no fiscal impact on local
governments.
The bill will become effective on the same date that HB 953 or similar legislation takes effect, if such legislation is adopted
in the same legislative session or an extension thereof and becomes law.
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and voting for final
passage of a newly created or expanded public record or public meeting exemption. The bill creates a public
record exemption; thus, it requires a two-thirds vote for final passage. STORAGE NAME: h0955.PPH PAGE: 2
DATE: 1/24/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Public Records
Article I, s. 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to
government records. This section guarantees every person a right to inspect or copy any public record
of the legislative, executive, and judicial branches of government. The Legislature, however, may
provide by general law for the exemption of records from the requirements of art. I, s. 24(a) of the
Florida Constitution.
1
The general law must state with specificity the public necessity justifying the
exemption
2
and must be no broader than necessary to accomplish its purpose.
3
Public policy regarding access to government records is addressed further in s. 119.07(1), F.S., which
guarantees every person a right to inspect and copy any state, county, or municipal record, unless the
record is exempt. Furthermore, the Open Government Sunset Review Act
4
provides that a public
record or public meeting exemption may be created or maintained only if it serves an identifiable public
purpose. In addition, it may be no broader than necessary to meet one of the following purposes:
5
Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption.
Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision.
Protect trade or business secrets.
The Open Government Sunset Review Act requires the automatic repeal of a newly created public
record exemption on October 2nd of the fifth year after creation or substantial amendment, unless the
Legislature reenacts the exemption.
6
Psychology Interjurisdictional Compact
HB 953 authorizes Florida to enter into the Psychological Interjurisdictional Compact (PSYPACT or
compact) by enacting its provisions into Florida law. PSYPACT was created by the Association of State
and Provincial Psychology Boards (ASPPB) and is an interstate compact that facilitates the practice of
telepsychology and temporary in-person, face-to-face practice of psychology across state boundaries.
7
The compact establishes the Psychology Interjurisdictional Compact Commission (Commission) which
is responsible for creating and finalizing bylaws, rules, and regulation. The Commission also grants
psychologists authority to practice telepsychology and temporary in-person, face-to-face psychology
across state lines.
8
1
Article I, s. 24(c), Fla. Const.
2
This portion of a public record exemption is commonly referred to as a “public necessity statement.”
3
Article I, s. 24(c), FLA. CONST.
4
Section 119.15, F.S.
5
Section 119.15(6)(b), F.S.
6
Section 119.15(3), F.S.
7
PSYPACT, About Us, https://psypact.site-ym.com/page/About (last visited Jan. 22, 2022).
8
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DATE: 1/24/2022
To practice telepsychology, in PSYPACT states, only psychologists licensed in PSYPACT states may
apply to the Commission for authority. Authorized psychologists must obtain an E.Passport
9
Certificate
from ASPPB to practice telepsychology. To conduct temporary in-person practice in PSYPACT states,
only psychologists licensed in PSYPACT states can apply to the Commission for an interjurisdictional
practice certificate for temporary authority to practice in a distant state.
10
Coordinated Licensure Information System
The compact requires all compact states to share licensee information.
11
Compact states must submit a
uniform dataset to a coordinated database on all psychologists to whom the compact is applicable. The
database allows for expedited sharing of information, which is not currently exempt from disclosure
requirements under s. 119.07(1), F.S. and s. 24(a), Art. 1 of the Florida Constitution, including:
12
Identifying information;
Licensure data;
Significant investigatory information;
Adverse actions against a psychologist’s license;
Indicators that a psychologist’s authority to practice under the compact is revoked;
Nonconfidential information related to participation in alternative programs;
Any licensure application denials and reasons for such denial; and
Other information, determined by Commission rule, which may facilitate the administration of
the compact.
The coordinated database information must be expunged according to laws of the reporting compact
state.
13
Effect of the Bill
The bill creates public record and public meeting exemptions related to PSYPACT.
The bill creates a public records exemption for a psychologist’s personal identifying information, other
than his or her name, licensure status, or licensure number, obtained from the coordinated database
required under PSYPACT and held by DOH or the Board. The bill allows such information to be publicly
disclosed if the state which originally reported the information to the coordinated database authorizes
such disclosure by law. If disclosure is authorized, information may only be disclosed to the extent
authorized by law of the reporting state.
The bill also creates a public meeting exemption for commission meetings, if the commission must
discuss:
Noncompliance of a party state with its obligations under the compact;
The employment, compensation, discipline, or other personnel matters, practices, or procedures
related to specific employees or other matters related to the commission’s internal personnel
practices and procedure;
Current, threatened, or reasonably anticipated litigation;
Contract negotiations for the purchase or sale of goods, services, or real estate;
Accusing a person of a crime or formally censuring a person;
9
Under the compact, an E.Passport is a certificate issued by the Association for State and Provincial Psychology Boards that promotes
the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to
provide telepsychological services across state lines.
10
Supra, note 7. A distant state is a compact state where a psychologist is physically present to provide temporary in-person, face-to-
face psychological services.
11
Psychology Interjurisdictional Compact (PSYPACT), https://cdn.ymaws.com/psypact.site-
ym.com/resource/resmgr/psychology_interjurisdiction.pdf (last visited Jan. 22, 2022).
12
Id.
13
Id. STORAGE NAME: h0955.PPH PAGE: 4
DATE: 1/24/2022
Disclosure of trade secrets or commercial or financial information that is privileged or
confidential;
Disclosure of information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy if disclosed to the public;
Disclosure of active investigatory records compiled for law enforcement purposes;
Disclosure of information related to any reports prepared by or on behalf of the commission for
the purpose of investigation for compliance with the compact; and
Matters specifically exempted from disclosure by federal law or the laws of any party state.
Recordings, minutes, and records generated during an exempt portion of a Commission meeting are
also exempt from public disclosure.
The bill provides a public necessity statement for the public records exemption, as required by the State
Constitution, and states that the protection of such information is required under the compact, which the
state must adopt in order to become a party state to the compact. Without the public records
exemption, the state would be unable to effectively and efficiently implement and administer the
compact.
Additionally, the bill provides a statement of public necessity for the public meeting exemption, as
required by the State Constitution, and states that PSYPACT requires any meeting in which certain
matters are discussed and matters that are exempt from disclosure by federal or state statute are
discussed to be closed to the public. Without the public meeting exemption, the state will be prohibited
from becoming a party to the compact and would be unable to effectively and efficiently administer the
compact. The bill further provides that without the public records exemption for the recordings, minutes,
and records generated during an exempt meeting, the release of such information would negate the
public meeting exemption.
The bill provides for repeal of the public record exemption on October 2, 2027, unless reviewed and
saved from repeal through reenactment by the Legislature.
The effective date of this bill is the same date that HB 953 or similar legislation takes effect, if such
legislation is adopted in the same legislative session or an extension thereof becomes law.
B. SECTION DIRECTORY:
Section 1: Creates s. 490.0076, F.S., relating to Psychology Interjurisdictional Compact; public
records and meeting exemptions.
Section 2: Provides a public necessity statement.
Section 3: Provides that the bill is effective on the same date that HB 953 (2022) or similar
legislation takes effect.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None. STORAGE NAME: h0955.PPH PAGE: 5
DATE: 1/24/2022
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal governments.
2. Other:
Vote Requirement
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded public record or public meeting exemption.
The bill creates a public record exemption; thus, it requires a two-thirds vote for final passage.
Public Necessity Statement
Article I, s. 24(c) of the Florida Constitution requires a public necessity statement for a newly created
or expanded public record or public meeting exemption. The bill creates a public record exemption;
thus, it includes a public necessity statement.
Breadth of Exemption
Article I, s. 24(c) of the State Constitution provides that an exemption must be created by general law
and the law must contain only exemptions from public record or public meeting requirements. The
exemption does not appear to be in conflict with the constitutional requirement.
B. RULE-MAKING AUTHORITY:
The bill does not appear to create a need for rule-making or rule-making authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES