This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0955d.HHS
DATE: 2/16/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 955 Pub. Rec. and Meetings/Psychology Interjurisdictional Compact
SPONSOR(S): Professions & Public Health Subcommittee, Hunschofsky
TIED BILLS: HB 953 IDEN./SIM. BILLS: SB 1372
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Professions & Public Health Subcommittee 18 Y, 0 N, As CS Morris McElroy
2) Government Operations Subcommittee 16 Y, 0 N Landry Toliver
3) Health & Human Services Committee Morris Calamas
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 compact states to submit psychologists’ licensure and regulation records,
including any actions taken against a psychologist’s ability to practice, to a coordinated licensure information
system (CLIS). The compact creates the Psychology Interjurisdictional Compact Commission (Commission) to
oversee and administer the provisions of PSYPACT and the CLIS.
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.
CS/HB 953 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 CLIS and held by the Department of
Health (DOH) or the Board of Psychology, unless the laws of the state that originally reported the information
authorizes its disclosure.
The bill also creates a public meeting exemption for Commission meetings, or portions of such meetings, in
which a matter discussed is specifically exempted from disclosure by federal or state statute. The bill provides
that any recordings, minutes, and records generated from such a meeting are also exempt from public records
requirements.
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 DOH and no fiscal impact on local governments. See
Fiscal Comments.
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: h0955d.HHS PAGE: 2
DATE: 2/16/2022
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. An identifiable public purpose is served if the exemption meets 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
Under the compact, a psychologist licensed in a compact state may practice telepsychology if the
psychologist is authorized to do so by the Commission and holds an E.Passport Certificate
8
issued by
the ASPPB. A psychologist licensed in a compact state may also conduct temporary, in-person face-to-
face practice in other compact states if the psychologist obtains an interjurisdictional practice certificate
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
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. STORAGE NAME: h0955d.HHS PAGE: 3
DATE: 2/16/2022
for temporary authority to practice another compact state from the Commission. Such temporary
practice is limited 30 days a year.
9
Under the compact, a psychologist who is licensed in a compact state is permitted to practice in any
other compact state without obtaining a license form that state. A psychologist practicing under the
compact practice privileges must comply with the practice laws of the state in which he or she is
practicing or where the patient is located.
Under PSYPACT, compact states are required to report a psychologist’s identifying information;
licensure data; significant investigatory information; adverse actions
10
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; denials of applications and reasons for such
denials; and other information, determined by Commission rule, which may facilitate the administration
of the compact to a coordinated licensure information system. A compact state may designate
information it reports as confidential and therefore, cannot be shared with noncompact states or other
entities without the express permission of the reporting state.
Coordinated Licensure Information System
PSYPACT requires all compact states to share licensee information.
11
Compact states must submit a
uniform dataset to a coordinated licensure information system on all psychologists to whom the
compact is applicable. The database allows for expedited sharing of information, and 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.
Any information submitted to the Coordinated Database that is subsequently required to be expunged
by the law of the Compact State reporting the information, shall be removed from the coordinated
database.
13
Effect of the Bill
The bill provides that personal identifying information of a psychologist, other than the psychologist’s
name, licensure status, or licensure number, obtained from the coordinated database required under
PSYPACT and held by the Department of Health or the Board of Psychology is exempt
14
from public
9
Supra, note 7.
10
Adverse action is any disciplinary action that is a matter of public record which is taken by a state’s psychology regulatory authority
against a psychologist’s license to practice in that state.
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.
14
There is a difference between records the Legislature designates exempt from public record requirements and those the Legislature
deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain circumstances.
See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So.2d 1015 (Fla. 2004); City of
Rivera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So.2d 683, 687 (Fla. 5th DCA 1991). If
the Legislature designates a record as confidential and exempt from public disclosure, such record may not be released by the
custodian of public records to anyone other than the persons or entities specifically designated in statute. See Op. Att’y Gen. Fla. 04-
09 (2004). STORAGE NAME: h0955d.HHS PAGE: 4
DATE: 2/16/2022
records requirements, unless the laws of the state that originally reported the information authorizes its
disclosure. Disclosure under such circumstance is limited to the extent permitted under the laws of the
reporting state.
The bill also creates a public meeting exemption for Commission meetings, or portions of such
meetings, at which the Commission discusses matters specifically exempt from disclosure by state or
federal law. Recordings, minutes, and records generated during an exempt portion of a Commission
meeting are also exempt from public disclosure.
The bill provides that the public records and public meeting exemptions are subject to the Open
Government Sunset Review Act and will stand repealed on October 2, 2027, unless saved from repeal
by reenactment by the Legislature.
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 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 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 as required by the State Constitution.
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:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
STORAGE NAME: h0955d.HHS PAGE: 5
DATE: 2/16/2022
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill may have a minimal fiscal impact on the Department of Health and the Board of Psychology
because agency staff responsible for complying with public records requests may require training
related to the creation of the public record exemption. The costs, however, would be absorbed as they
are part of the day-to-day responsibilities of agencies.
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
On January 25, 2022, the Professions and Public Health Subcommittee adopted an amendment reported
the bill favorably as a committee substitute. The amendment:
Exempts personal identifying information of a psychologist listed in the PSYPACT coordinated
licensure information system exempt from public record requirements, unless the reporting state
authorizes its disclosure;
Exempts portions of PSYPACT Commission meetings where matters specifically exempt from
disclosure under federal or state law from public record requirements are discussed from public
record requirements; and
Exempts records generated during closed PSYPACT Commission meetings from public records
requirements.
This analysis is drafted to the committee substitute as passed by the Professions and Public Health
Subcommittee. STORAGE NAME: h0955d.HHS PAGE: 6
DATE: 2/16/2022