Florida 2022 Regular Session

Florida House Bill H0955 Latest Draft

Bill / Comm Sub Version Filed 01/26/2022

                               
 
CS/HB 955  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0955-01-c1 
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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     
 
CS/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, at which matters specifically 38 
exempted from disclosure by federal or state statute are 39 
discussed is exempt from s. 286.011 and s. 24(b), Art. I of the 40 
State Constitution. 41 
 (b)  Recordings, minutes, and records generated during an 42 
exempt meeting or portion of such a meeting are exempt from s. 43 
119.07(1) and s. 24(a), Art. I of the State Constitution. 44 
 (3)  This section is subject to the Open Government Sunset 45 
Review Act in accordance with s. 119.15 and shall stand repealed 46 
on October 2, 2027, unless reviewed and saved from repeal 47 
through reenactment by the Legislature. 48 
 Section 2.  (1)  The Legislature finds that it is a public 49 
necessity that a psychologist's personal iden tifying 50     
 
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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 51 
status, or licensure number, obtained from the coordinated 52 
licensure information system, as described in article IX of s. 53 
490.0075, Florida Statutes, and held by the Department of Health 54 
or the Board of Psychology, be made exempt from s. 119.07(1), 55 
Florida Statutes, and s. 24(a), Article I of the State 56 
Constitution. Protection of such information is required under 57 
the Psychology Interjurisdictional Compact, which the state must 58 
adopt in order to become a member state of the compact. Without 59 
the public records exemption, the state will be unable to 60 
effectively and efficiently implement and administer the 61 
compact. 62 
 (2)(a)  The Legislature finds that it is a public necessity 63 
that any meeting of the Psychology Interjurisdictional Compact 64 
Commission held as provided in s. 490.0075, Florida Statutes, in 65 
which matters specifically exempted from disclosure by federal 66 
or state law are discussed be made exempt from s. 286.011, 67 
Florida Statutes, and s. 2 4(b), Article I of the State 68 
Constitution. 69 
 (b)  The Psychology Interjurisdictional Compact requires 70 
the closure of any meeting, or any portion of a meeting, of the 71 
Psychology Interjurisdictional Compact Commission in which the 72 
substance of paragraph (a) i s discussed to be closed to the 73 
public. In the absence of a public meeting exemption, the state 74 
would be prohibited from becoming a member state of the compact. 75     
 
CS/HB 955  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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Thus, prohibiting the state from effectively and efficiently 76 
administering the compact. 77 
 (3)  The Legislature also finds that it is a public 78 
necessity that the recordings, minutes, and records generated 79 
during a meeting that is exempt pursuant to s. 490.0076(2), 80 
Florida Statutes, be made exempt from s. 119.07(1), Florida 81 
Statutes, and s. 24(a), Arti cle I of the State Constitution. 82 
Release of such information would negate the public meeting 83 
exemption. As such, the Legislature finds that the public 84 
records exemption is a public necessity. 85 
 Section 3.  This act shall take effect on the same date 86 
that HB 953 or similar legislation takes effect , if such 87 
legislation is adopted in the same legislative session or an 88 
extension thereof and becomes a law. 89