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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
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An act relating to public records and meetings; 2
creating s. 491.018, F.S.; providing an exemption from 3
public records requirements for certain information 4
held by the Department of Health or the Board of 5
Clinical Social Work, Marriage and Family Therapy, and 6
Mental Health Counseling pursuant to the Professional 7
Counselors Licensure Compact; authorizing the 8
disclosure of such information under certain 9
circumstances; providing an exemption from public 10
meetings requirements for certain meetings or portions 11
of certain meetings of the Counseling Compact 12
Commission or committees of the commission; providing 13
an exemption from public records requirements for 14
recordings, minutes, and records generated during the 15
closed portions of such meetings; providing for future 16
legislative review and repeal of the exemptions; 17
providing statements of public necessity; providing a 18
contingent effective date. 19
20
Be It Enacted by the Legislature of the State of Florida: 21
22
Section 1. Section 491.018, Florida Statutes, is created 23
to read: 24
491.018 Professional Counselors Licensure Compact; public 25
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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
records and meetings exemptions. — 26
(1) A counselor's personal identifying information, other 27
than the counselor's name, licensure status, or licensure 28
number, obtained from the data system, as described in article X 29
of s. 491.017, and held by the department or the Board of 30
Clinical Social Work, Marriage and Family Therapy, and Mental 31
Health Counseling is exempt from s. 119.07(1) and s. 24(a), Art. 32
I of the State Constitution unless the state that originally 33
reported the information to the data system authorizes the 34
disclosure of such information by law. If disclosure is so 35
authorized, information may be disclosed only to the extent 36
authorized by law by the reporting state. 37
(2)(a) A meeting or a portion of a meeting of the 38
Counseling Compact Commission, established in article IX of s. 39
491.017, or the executive committee or other committees o f the 40
commission, at which matters specifically exempted from 41
disclosure by federal or state statute are discussed is exempt 42
from s. 286.011 and s. 24(b), Art. I of the State Constitution. 43
(b) Recordings, minutes, and records generated during an 44
exempt meeting are exempt from s. 119.07(1) and s. 24(a), Art. I 45
of the State Constitution. 46
(3) This section is subject to the Open Government Sunset 47
Review Act in accordance with s. 119.15 and shall stand repealed 48
on October 2, 2027, unless reviewed and saved f rom repeal 49
through reenactment by the Legislature. 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
Section 2. (1) The Legislature finds that it is a public 51
necessity that a counselor's personal identifying information, 52
other than the counselor's name, licensure status, or licensure 53
number, obtained from the data system, as described in article X 54
of s. 491.017, Florida Statutes, and held by the Department of 55
Health or the Board of Clinical Social Work, Marriage and Family 56
Therapy, and Mental Health Counseling be made exempt from s. 57
119.07(1), Florida Statutes, and s. 24(a), Art. I of the State 58
Constitution. Protection of such information is required under 59
the Professional Counselors Licensure Compact, which the state 60
must adopt in order to become a member state of the compact. 61
Without the public recor ds exemption, this state will be unable 62
to effectively and efficiently implement and administer the 63
compact. 64
(2)(a) The Legislature finds that it is a public necessity 65
that any meeting of the Counseling Compact Commission or the 66
executive committee or ot her committees of the commission held 67
as provided in article IX of s. 491.017, Florida Statutes, at 68
which matters specifically exempted from disclosure by federal 69
or state law are discussed be made exempt from s. 286.011, 70
Florida Statutes, and s. 24(b), Ar t. I of the State 71
Constitution. 72
(b) The Professional Counselors Licensure Compact requires 73
the closure of any meeting, or any portion of a meeting, in 74
which the substance of paragraph (a) is discussed to be closed 75
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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
to the public. In the absence of a publi c meeting exemption, 76
this state would be prohibited from becoming a member state of 77
the compact. Thus, this state will be unable to effectively and 78
efficiently administer the compact. 79
(3) The Legislature also finds that it is a public 80
necessity that the recordings, minutes, and records generated 81
during a meeting that is exempt pursuant to article IX of s. 82
491.017, Florida Statutes, be made exempt from s. 119.07(1), 83
Florida Statutes, and s. 24(a), Art. I of the State 84
Constitution. Release of such informati on would negate the 85
public meetings exemption. As such, the Legislature finds that 86
the public records exemption is a public necessity. 87
Section 3. This act shall take effect on the same date 88
that HB 1521 or similar legislation takes effect , if such 89
legislation is adopted in the same legislative session or an 90
extension thereof and becomes a law. 91