This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1523.PPH
DATE: 2/1/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1523 Pub. Rec. and Meetings/Professional Counselors Licensure Compact
SPONSOR(S): Koster
TIED BILLS: HB 1521 IDEN./SIM. BILLS: CS/SB 590
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 1521 authorizes Florida to enter into the Professional Counselors Licensure Compact (PCLC) enacting its
provisions into the laws of the state. The PCLC is an interstate compact that facilitates the interstate practice of
licensed professional counseling in person and through telehealth. In Florida, licensed clinical social workers,
marriage and family therapists, and mental health counselors (counselors, collectively) are able to apply for
privileges to practice under the PCLC. The PCLC requires compact states to submit counselor’s licensure and
regulation records, including any actions taken against a counselor’s ability to practice, to a coordinated
licensure information system (CLIS). The compact creates the Counseling Compact Commission
(Commission) to oversee and administer the provisions of the PCLC and a licensure information data system
(data system).
This bill, which is linked to the passage of HB 1521, creates public records and public meetings exemptions for
certain records and meetings relating to the compact.
The bill creates a public records exemption for a counselor’s personal identifying information, other than his or
her name, licensure status, or licensure number, obtained from the data system and held by the Department of
Health or the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counselors,
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 the Department of Health and no fiscal impact on local
governments.
The bill will become effective on the same date that HB 1521 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: h1523.PPH PAGE: 2
DATE: 2/1/2022
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
Professional Counselors Licensure Compact
HB 1521 authorizes Florida to enter into the Professional Counselors Licensure Compact (PCLC or
compact) by enacting its provisions into Florida law. The PCLC was created by the National Center for
Interstate Compacts and is an interstate compact that facilitates the interstate practice of licensed
professional counseling in person and through telehealth. Florida-licensed clinical social workers,
marriage and family therapists, and mental health counselors (counselors, collectively) are eligible to
apply for privileges to practice under the PCLC.
Under the compact, a counselor who is licensed in a compact state is permitted to practice in another
compact state after obtaining a privilege to practice in that compact state. A counselor 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 the PCLC, compact states are required to report a counselor’s identifying information; licensure
data; significant investigatory information; adverse actions
7
against a counselor’s license;
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. STORAGE NAME: h1523.PPH PAGE: 3
DATE: 2/1/2022
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
The PCLC requires all compact states to share licensee information.
8
Compact states must submit a
uniform dataset to a coordinated licensure information system on all counselors 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:
9
Identifying information;
Licensure data;
Significant investigatory information;
Adverse actions against a counselor’s license;
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 data system information must be expunged according to laws of the reporting compact state.
10
Commission Meetings
The compact establishes the Counseling Compact Commission (Commission). Each compact state has
one delegate selected by that state’s licensing board. All Commission meetings must be open to the
public except for when the Commission must discuss:
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Noncompliance of a compact 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; and
Matters specifically exempted from disclosure by federal law or the laws of any party state.
Effect of the Bill
7
Adverse action is any disciplinary action that is a matter of public record which is taken by a state’s counselor regulatory authority
against a counselor’s license to practice in that state.
8
Counseling Compact Model Legislation (Dec. 4, 2020), https://counselingcompact.org/wp-
content/uploads/2021/06/Final_Counseling_Compact_With_Cover.pdf (last visited Jan. 29, 2022).
9
Id.
10
Id.
11
Id. STORAGE NAME: h1523.PPH PAGE: 4
DATE: 2/1/2022
The bill creates public record and public meeting exemptions related to the PCLC.
Specifically, the bill provides that personal identifying information of a counselor, other than the
counselor’s name, licensure status, or licensure number, obtained from the data system and held by
the Department of Health or the Board of Clinical Social Work, Marriage and Family Therapy, and
Mental Health Counselors is exempt from public 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 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 the PCLC 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 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 effective date of this bill is the same date that HB 1521 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. 491.018, F.S., relating to Professional Counselors Licensure Compact; public
records and meeting exemptions.
Section 2: Provides that the bill is effective on the same date that HB 1521 (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: STORAGE NAME: h1523.PPH PAGE: 5
DATE: 2/1/2022
None.
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:
Current law provides sufficient rulemaking authority to implement the provisions of the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES