Florida 2022 Regular Session

Florida House Bill H1523 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	~~ENROLLED~~
3		-	HB 1523 2022 ~~Legislature~~
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	3	+	HB 1523 2022
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7	7		CODING: Words stricken are deletions; words underlined are additions.
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9	9		Page 1 of 4
10	10		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
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14		-	1
	14	+	A bill to be entitled 1
15	15		An act relating to public records and meetings; 2
16	16		creating s. 491.018, F.S.; providing an exemption from 3
17	17		public records requirements for certain information 4
18	18		held by the Department of Health or the Board of 5
19	19		Clinical Social Work, Marriage and Family Therapy, and 6
20	20		Mental Health Counseling pursuant to the Professional 7
21	21		Counselors Licensure Compact; authorizing the 8
22	22		disclosure of such information under certain 9
23	23		circumstances; providing an exemption from public 10
24	24		meetings requirements for certain meetings or portions 11
25	25		of certain meetings of the Counseling Compact 12
26	26		Commission or committees of the commission; providing 13
27	27		an exemption from public records requirements for 14
28	28		recordings, minutes, and records generated during the 15
29	29		closed portions of such meetings; providing for future 16
30	30		legislative review and repeal of the exemptions; 17
31	31		providing statements of public necessity; providing a 18
32	32		contingent effective date. 19
33	33		20
34	34		Be It Enacted by the Legi slature of the State of Florida: 21
35	35		22
36	36		Section 1. Section 491.018, Florida Statutes, is created 23
37	37		to read: 24
38	38		491.018 Professional Counselors Licensure Compact; public 25
39		-	~~ENROLLED~~
40		-	HB 1523 2022 ~~Legislature~~
	39	+
	40	+	HB 1523 2022
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42	42
43	43
44	44		CODING: Words stricken are deletions; words underlined are additions.
45		-	hb1523-~~01-er~~
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47	47		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
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51	51		records and meetings exemptions. — 26
52	52		(1) A counselor's personal identifying information, othe r 27
53	53		than the counselor's name, licensure status, or licensure 28
54	54		number, obtained from the data system, as described in article X 29
55	55		of s. 491.017, and held by the department or the Board of 30
56	56		Clinical Social Work, Marriage and Family Therapy, and Mental 31
57	57		Health Counseling is exempt from s. 119.07(1) and s. 24(a), Art. 32
58	58		I of the State Constitution unless the state that originally 33
59	59		reported the information to the data system authorizes the 34
60	60		disclosure of such information by law. If disclosure is so 35
61	61		authorized, information may be disclosed only to the extent 36
62	62		authorized by law by the reporting state. 37
63	63		(2)(a) A meeting or a portion of a meeting of the 38
64	64		Counseling Compact Commission, established in article IX of s. 39
65	65		491.017, or the executive committee or other committees of the 40
66	66		commission, at which matters specifically exempted from 41
67	67		disclosure by federal or state statute are discussed is exempt 42
68	68		from s. 286.011 and s. 24(b), Art. I of the State Constitution. 43
69	69		(b) Recordings, minutes, and records generated during an 44
70	70		exempt meeting are exempt from s. 119.07(1) and s. 24(a), Art. I 45
71	71		of the State Constitution. 46
72	72		(3) This section is subject to the Open Government Sunset 47
73	73		Review Act in accordance with s. 119.15 and shall stand repealed 48
74	74		on October 2, 2027, unless reviewed and saved from r epeal 49
75	75		through reenactment by the Legislature. 50
76		-	~~ENROLLED~~
77		-	HB 1523 2022 ~~Legislature~~
	76	+
	77	+	HB 1523 2022
78	78
79	79
80	80
81	81		CODING: Words stricken are deletions; words underlined are additions.
82		-	hb1523-~~01-er~~
	82	+	hb1523-00
83	83		Page 3 of 4
84	84		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
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88	88		Section 2. (1) The Legislature finds that it is a public 51
89	89		necessity that a counselor's personal identifying information, 52
90	90		other than the counselor's name, licensure status, or licensure 53
91	91		number, obtained from the data system, as described in article X 54
92	92		of s. 491.017, Florida Statutes, and held by the Department of 55
93	93		Health or the Board of Clinical Social Work, Marriage and Family 56
94	94		Therapy, and Mental Health Counseling be made exempt from s. 57
95	95		119.07(1), Florida Stat utes, and s. 24(a), Art. I of the State 58
96	96		Constitution. Protection of such information is required under 59
97	97		the Professional Counselors Licensure Compact, which the state 60
98	98		must adopt in order to become a member state of the compact. 61
99	99		Without the public records ex emption, this state will be unable 62
100	100		to effectively and efficiently implement and administer the 63
101	101		compact. 64
102	102		(2)(a) The Legislature finds that it is a public necessity 65
103	103		that any meeting of the Counseling Compact Commission or the 66
104	104		executive committee or other c ommittees of the commission held 67
105	105		as provided in article IX of s. 491.017, Florida Statutes, at 68
106	106		which matters specifically exempted from disclosure by federal 69
107	107		or state law are discussed be made exempt from s. 286.011, 70
108	108		Florida Statutes, and s. 24(b), Art. I of the State 71
109	109		Constitution. 72
110	110		(b) The Professional Counselors Licensure Compact requires 73
111	111		the closure of any meeting, or any portion of a meeting, in 74
112	112		which the substance of paragraph (a) is discussed to be closed 75
113		-	~~ENROLLED~~
114		-	HB 1523 2022 ~~Legislature~~
	113	+
	114	+	HB 1523 2022
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118	118		CODING: Words stricken are deletions; words underlined are additions.
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121	121		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
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125	125		to the public. In the absence of a public mee ting exemption, 76
126	126		this state would be prohibited from becoming a member state of 77
127	127		the compact. Thus, this state will be unable to effectively and 78
128	128		efficiently administer the compact. 79
129	129		(3) The Legislature also finds that it is a public 80
130	130		necessity that the recor dings, minutes, and records generated 81
131	131		during a meeting that is exempt pursuant to article IX of s. 82
132	132		491.017, Florida Statutes, be made exempt from s. 119.07(1), 83
133	133		Florida Statutes, and s. 24(a), Art. I of the State 84
134	134		Constitution. Release of such information wo uld negate the 85
135	135		public meetings exemption. As such, the Legislature finds that 86
136	136		the public records exemption is a public necessity. 87
137	137		Section 3. This act shall take effect on the same date 88
138	138		that HB 1521 or similar legislation takes effect , if such 89
139	139		legislation is adopted in the same legislative session or an 90
140	140		extension thereof and becomes a law. 91