This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1523c.GOS
DATE: 2/8/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1523 Pub. Rec. and Meetings/Professional Counselors Licensure Compact
SPONSOR(S): Koster
TIED BILLS: CS/HB 1521 IDEN./SIM. BILLS: CS/SB 590
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Professions & Public Health Subcommittee 18 Y, 0 N Morris McElroy
2) Government Operations Subcommittee 17 Y, 0 N Roth Toliver
3) Health & Human Services Committee
SUMMARY ANALYSIS
CS/HB 1521 authorizes Florida to enter into the Professional Counselors Licensure Compact (PCLC or
compact) 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. 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).
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. See Fiscal Comments.
The bill will become effective on the same date that CS/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: h1523c.GOS PAGE: 2
DATE: 2/8/2022
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 exemption from public records requirements provided the exemption passes
by two-thirds vote of each chamber, states with specificity the public necessity justifying the exemption,
and is no broader than necessary to meet its public purpose.
1
The Florida Statutes also address the public policy regarding access to government records. Section
119.07(1), F.S., 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
2
provides
that a public record exemption may be created or maintained only if it serves an identifiable public
purpose and the “Legislature finds that the purpose is sufficiently compelling to override the strong
public policy of open government and cannot be accomplished without the exemption.”
3
An identifiable
public purpose is served if the exemption meets one of the following purposes:
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.
4
Pursuant to s. 119.15(3), F.S., a new public records exemption or substantial amendment of an existing
public records exemption is repealed on October 2 of the fifth year following enactment, unless the
Legislature reenacts the exemption.
Public Meetings Law
Article I, s. 24(b) of the State Constitution sets forth the state’s public policy regarding access to
government meetings. The section requires that all meetings of any collegial public body of the
executive branch of state government or of any collegial public body of a county, municipality, school
district, or special district, at which official acts are to be taken or at which public business of such body
is to be transacted or discussed, be open and noticed to the public.
Public policy regarding access to government meetings also is addressed in the Florida Statutes.
Section 286.011, F.S., known as the “Government in the Sunshine Law” or “Sunshine Law,” further
requires that all meetings of any board or commission of any state agency or authority or of any agency
or authority of any county, municipal corporation, or political subdivision, at which official acts are to be
taken be open to the public at all times.
5
The board or commission must provide reasonable notice of
all public meetings.
6
Public meetings may not be held at any location that discriminates on the basis of
sex, age, race, creed, color, origin or economic status or which operates in a manner that unreasonably
1
Art. I, s. 24(c), FLA. CONST.
2
Section 119.15, F.S.
3
Section 119.15(6)(b), F.S.
4
Id.
5
Section 286.011(1), F.S.
6
Id. STORAGE NAME: h1523c.GOS PAGE: 3
DATE: 2/8/2022
restricts the public’s access to the facility.
7
Minutes of a public meeting must be promptly recorded and
open to public inspection.
8
Professional Counselors Licensure Compact
CS/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
9
against a counselor’s license;
nonconfidential information related to participation in alternative programs; denials of applications and
reasons for such denials; and other information, determined by the Counseling Compact Commission
(Commission) rule, which may facilitate the administration of the compact to a coordinated licensure
information system (CLIS). 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.
10
Compact states must submit a
uniform dataset to a CLIS 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:
11
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.
12
Commission Meetings
The compact establishes the 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:
13
7
Section 286.011(6), F.S.
8
Section 286.011(2), F.S.
9
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.
10
Counseling Compact Model Legislation (Dec. 4, 2020), https://counselingcompact.org/wp-
content/uploads/2021/06/Final_Counseling_Compact_With_Cover.pdf (last visited Feb. 5, 2022).
11
Id.
12
Id. STORAGE NAME: h1523c.GOS PAGE: 4
DATE: 2/8/2022
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 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 of compliance with the compact; and
Matters specifically exempted from disclosure by federal law or the laws of any party state.
Effect of the Bill
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
14
from public records requirements, unless the laws of the state that originally
reported the information authorize 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.
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: h1523c.GOS PAGE: 5
DATE: 2/8/2022
The effective date of this bill is the same date that CS/HB 1521 or similar legislation takes effect, if such
legislation is adopted in the same legislative session or an extension thereof and 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 a public necessity statement as required by the Florida Constitution.
Section 3: Provides that the bill is effective on the same date that CS/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:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
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 Clinical Social
Work, Marriage and Family Therapy, and Mental Health Counselors 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 STORAGE NAME: h1523c.GOS PAGE: 6
DATE: 2/8/2022
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
None.