FL
Florida House Bill H0955

Florida 2022 Regular Session

Florida House Bill H0955 Compare Versions

OldNewDifferences
11
22
3-CS/HB 955 2022
3+HB 955 2022
44
55
66
77 CODING: Words stricken are deletions; words underlined are additions.
8-hb0955-01-c1
9-Page 1 of 4
8+hb0955-00
9+Page 1 of 5
1010 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
1111
1212
1313
1414 A bill to be entitled 1
1515 An act relating to public records and meetings; 2
1616 creating s. 490.0076, F.S.; providing an exemption 3
1717 from public records requirements for certain 4
1818 information held by the Department of Health or the 5
1919 Board of Psychology pursuant to the Psychology 6
2020 Interjurisdictional Compact; authorizing disclosure of 7
2121 the information under certain circumstances; providing 8
2222 an exemption from public meeting requirements for 9
2323 certain meetings of the Psychology Interjurisdictional 10
2424 Compact Commission; providing an exemption from public 11
2525 records requirements for recordings, minutes, and 12
2626 records generated during the closed portion of such 13
2727 meetings; providing for future legislative review and 14
2828 repeal of the exemptions; providing a statement of 15
2929 public necessity; providing a contingent effective 16
3030 date. 17
3131 18
3232 Be It Enacted by the Legislature of the State of Florida: 19
3333 20
3434 Section 1. Section 490.0076, Florida Statutes, is created 21
3535 to read: 22
3636 490.0076 Psychology Interjurisdictional Compact; public 23
3737 records and meetings exemptions. — 24
3838 (1) A psychologist's personal identifying information, 25
3939
40-CS/HB 955 2022
40+HB 955 2022
4141
4242
4343
4444 CODING: Words stricken are deletions; words underlined are additions.
45-hb0955-01-c1
46-Page 2 of 4
45+hb0955-00
46+Page 2 of 5
4747 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
4848
4949
5050
5151 other than the psychologist's name, licensure status, or 26
5252 licensure number, obtained from the coordinated licensure 27
5353 information system, as described in article IX of s. 490.0075, 28
5454 and held by the department or the Board of Psychology is exempt 29
5555 from s. 119.07(1) and s. 24(a), Art. I of the State Constitution 30
5656 unless the state that originally reported the information to the 31
5757 coordinated information system authorizes the disclosure of such 32
5858 information by law. If disclosure is so authorized, information 33
5959 may be disclosed only to the extent authorized by law by the 34
6060 reporting state. 35
6161 (2)(a) A meeting or a portion of a meeting of the 36
6262 Psychology Interjurisdictional Compact Commission, established 37
63-in article X of s. 490.0075, at which matters specifically 38
64-exempted from disclosure by federal or state statute are 39
65-discussed is exempt from s. 286.011 and s. 24(b), Art. I of the 40
66-State Constitution. 41
67- (b) Recordings, minutes, and records generated during an 42
68-exempt meeting or portion of such a meeting are exempt from s. 43
69-119.07(1) and s. 24(a), Art. I of the State Constitution. 44
70- (3) This section is subject to the Open Government Sunset 45
71-Review Act in accordance with s. 119.15 and shall stand repealed 46
72-on October 2, 2027, unless reviewed and saved from repeal 47
73-through reenactment by the Legislature. 48
74- Section 2. (1) The Legislature finds that it is a public 49
75-necessity that a psychologist's personal iden tifying 50
63+in article X of s. 490.0075, is exempt from s. 286.011 and s. 38
64+24(b), Art. I of the State Constitution if the commission must 39
65+discuss: 40
66+ 1. Noncompliance of a compact state with its obligations 41
67+under the compact; 42
68+ 2. Employment, compensation, or discipline of, or other 43
69+personnel matters, practices, or procedures related to, specific 44
70+employees, or other matters related to the commission's internal 45
71+personnel practices and procedures; 46
72+ 3. Current, threatened, or reasonably anticipated 47
73+litigation against the commission; 48
74+ 4. Negotiation of contracts for the purchase or sale of 49
75+goods, services, or real estate; 50
7676
77-CS/HB 955 2022
77+HB 955 2022
7878
7979
8080
8181 CODING: Words stricken are deletions; words underlined are additions.
82-hb0955-01-c1
83-Page 3 of 4
82+hb0955-00
83+Page 3 of 5
8484 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
8585
8686
8787
88-information, other than the psychologist's name, licensure 51
89-status, or licensure number, obtained from the coordinated 52
90-licensure information system, as described in article IX of s. 53
91-490.0075, Florida Statutes, and held by the Department of Health 54
92-or the Board of Psychology, be made exempt from s. 119.07(1), 55
93-Florida Statutes, and s. 24(a), Article I of the State 56
94-Constitution. Protection of such information is required under 57
95-the Psychology Interjurisdictional Compact, which the state must 58
96-adopt in order to become a member state of the compact. Without 59
97-the public records exemption, the state will be unable to 60
98-effectively and efficiently implement and administer the 61
99-compact. 62
100- (2)(a) The Legislature finds that it is a public necessity 63
101-that any meeting of the Psychology Interjurisdictional Compact 64
102-Commission held as provided in s. 490.0075, Florida Statutes, in 65
103-which matters specifically exempted from disclosure by federal 66
104-or state law are discussed be made exempt from s. 286.011, 67
105-Florida Statutes, and s. 2 4(b), Article I of the State 68
88+ 5. An accusation of any person of a crime or a formal 51
89+censure of any person; 52
90+ 6. Information disclosing trade secrets or commercial or 53
91+financial information that is privileged or confidential; 54
92+ 7. Information of a personal nature where disclosure would 55
93+constitute a clearly unwarranted invasion of personal privacy; 56
94+ 8. Investigatory records compi led for law enforcement 57
95+purposes; 58
96+ 9. Information related to any investigatory reports 59
97+prepared by or on behalf of or for the use of the commission or 60
98+other committee charged with responsibility for investigation or 61
99+determination of compliance issues purs uant to the compact; or 62
100+ 10. Matters specifically exempted from disclosure by 63
101+federal or state statute. 64
102+ (b) In keeping with the intent of the Psychology 65
103+Interjurisdictional Compact, recordings, minutes, and records 66
104+generated during an exempt meeting or portion of such a meeting 67
105+are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 68
106106 Constitution. 69
107- (b) The Psychology Interjurisdictional Compact requires 70
108-the closure of any meeting, or any portion of a meeting, of the 71
109-Psychology Interjurisdictional Compact Commission in which the 72
110-substance of paragraph (a) i s discussed to be closed to the 73
111-public. In the absence of a public meeting exemption, the state 74
112-would be prohibited from becoming a member state of the compact. 75
107+ (3) This section is subject to the Open Government Sunset 70
108+Review Act in accordance with s. 119.15 and shall stand repealed 71
109+on October 2, 2027, unless r eviewed and saved from repeal 72
110+through reenactment by the Legislature. 73
111+ Section 2. (1) The Legislature finds that it is a public 74
112+necessity that a psychologist's personal identifying 75
113113
114-CS/HB 955 2022
114+HB 955 2022
115115
116116
117117
118118 CODING: Words stricken are deletions; words underlined are additions.
119-hb0955-01-c1
120-Page 4 of 4
119+hb0955-00
120+Page 4 of 5
121121 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
122122
123123
124124
125-Thus, prohibiting the state from effectively and efficiently 76
126-administering the compact. 77
127- (3) The Legislature also finds that it is a public 78
128-necessity that the recordings, minutes, and records generated 79
129-during a meeting that is exempt pursuant to s. 490.0076(2), 80
130-Florida Statutes, be made exempt from s. 119.07(1), Florida 81
131-Statutes, and s. 24(a), Arti cle I of the State Constitution. 82
132-Release of such information would negate the public meeting 83
133-exemption. As such, the Legislature finds that the public 84
134-records exemption is a public necessity. 85
135- Section 3. This act shall take effect on the same date 86
136-that HB 953 or similar legislation takes effect , if such 87
137-legislation is adopted in the same legislative session or an 88
138-extension thereof and becomes a law. 89
125+information, other than the psychologist's name, licensure 76
126+status, or licensure number, obtained from the coordinated 77
127+licensure information system, as described in article IX of s. 78
128+490.0075, Florida Statutes, and held by the Department of Health 79
129+or the Board of Psychology, be made exempt from s. 119.07(1), 80
130+Florida Statutes, and s. 24(a), Article I of the State 81
131+Constitution. Protection of such information is required under 82
132+the Psychology Interjurisdictional Compact, which the state must 83
133+adopt in order to become a member state of the compact. Without 84
134+the public records exemption , this state will be unable to 85
135+effectively and efficiently implement and administer the 86
136+compact. 87
137+ (2)(a) The Legislature finds that it is a public necessity 88
138+that any meeting of the Psychology Interjurisdictional Compact 89
139+Commission held as provided in s. 4 90.0075, Florida Statutes, in 90
140+which matters specifically exempted from disclosure by federal 91
141+or state law are discussed be made exempt from s. 286.011, 92
142+Florida Statutes, and s. 24(b), Article I of the State 93
143+Constitution. 94
144+ (b) The Psychology Interjurisdict ional Compact requires 95
145+the closure of any meeting, or any portion of a meeting, of the 96
146+Psychology Interjurisdictional Compact Commission if it is 97
147+discussing certain sensitive and confidential subject matters or 98
148+if a majority of the commission members vote to close a meeting 99
149+to the public in whole or in part. In the absence of a public 100
150+
151+HB 955 2022
152+
153+
154+
155+CODING: Words stricken are deletions; words underlined are additions.
156+hb0955-00
157+Page 5 of 5
158+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
159+
160+
161+
162+meeting exemption, this state would be prohibited from becoming 101
163+a member state of the compact. 102
164+ (3) The Legislature also finds that it is a public 103
165+necessity that the recordin gs, minutes, and records generated 104
166+during a meeting that is exempt pursuant to s. 490.0076(2), 105
167+Florida Statutes, be made exempt from s. 119.07(1), Florida 106
168+Statutes, and s. 24(a), Article I of the State Constitution. 107
169+Release of such information would negate the public meeting 108
170+exemption. As such, the Legislature finds that the public 109
171+records exemption is a public necessity. 110
172+ Section 3. This act shall take effect on the same date 111
173+that HB 953 or similar legislation takes effect , if such 112
174+legislation is adopted in the same legislative session or an 113
175+extension thereof and becomes a law. 114