The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/SB 590
INTRODUCER: Governmental Oversight and Accountability Committee and Senator Rodriguez
SUBJECT: Public Records and Meetings/Professional Counselors Licensure Compact
DATE: February 14, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Smith Brown HP Favorable
2. Ponder McVaney GO Fav/CS
3. Smith Phelps RC Pre-meeting
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 590 exempts from public inspection and copying requirements the personal identifying
information of a mental health counselor, other than the counselor’s name, licensure status, or
licensure number, obtained from the data system under the Professional Counselors Licensure
Compact, as established in s. 491.017, F.S.,
1
and held by the Department of Health (DOH) or the
Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling
(Board). This information is not exempt from public records requirements under the bill if the
state originally reporting the information to the data system authorizes disclosure of such
information by law.
The bill exempts from open meeting requirements a closed meeting or a closed portion of a
meeting of the Compact Commission or the executive committee of the commission, established
under the Professional Counselors Licensure Compact. The exemption applies when the chair of
the commission declares the specific reasons it is necessary to close the meeting or a portion
thereof in a document that is a public record and held by the commission and announces at a
public meeting that, in connection with the performance of the commission’s duties, it is
necessary that the commission discuss one of five enumerated issues. The bill provides that
recordings, minutes, and records generated from those closed meetings are also exempt from
requirements to disclose such public records.
1
Section 491.017, F.S., is created in SB 358 (2022) and authorizes the state’s participation in the Professional Counselors
Licensure Compact and the coordinated information system.
REVISED: BILL: CS/SB 590 Page 2
The bill has no impact on state revenues or state expenditures.
The bill provides an effective date of the same date that SB 358 or similar legislation takes
effect. SB 358, the substantive bill authorizing Florida’s participation in the Professional
Counselors Licensure Compact, has an effective date contingent upon the enactment of the
compact into law by 10 states.
The bill provides for the repeal of the public records and open meeting exemptions on October 2,
2027, unless reviewed and reenacted by the Legislature. It also provides statements of public
necessity for the public records and public meetings exemptions as required by the State
Constitution.
The bill creates new public records exemptions and public meeting exemptions; therefore, a two-
thirds vote of the members present and voting in each house of the Legislature is required for
final passage.
II. Present Situation:
Access to Public Records - Generally
The State Constitution provides that the public has the right to inspect or copy records made or
received in connection with official governmental business.
2
The right to inspect or copy applies
to the official business of any public body, officer, or employee of the state, including all three
branches of state government, local governmental entities, and any person acting on behalf of the
government.
3
Additional requirements and exemptions related to public records are found in various statutes
and rules, depending on the branch of government involved. For instance, s.11.0431, F.S.,
provides public access requirements for legislative records. Relevant exemptions are codified in
s. 11.0431(2)-(3), F.S., and adopted in the rules of each house of the legislature.
4
Florida Rule of
Judicial Administration 2.420 governs public access to judicial branch records.
5
Lastly, ch. 119,
F.S., known as the Public Records Act, provides requirements for public records held by
executive agencies.
Executive Agency Records – The Public Records Act
The Public Records Act provides that all state, county and municipal records are open for
personal inspection and copying by any person, and that providing access to public records is a
duty of each agency.
6
2
FLA. CONST. art. I, s. 24(a).
3
Id.
4
See Rule 1.48, Rules and Manual of the Florida Senate, (2018-2020) and Rule 14.1, Rules of the Florida House of
Representatives, Edition 2, (2018-2020)
5
State v. Wooten, 260 So. 3d 1060 (Fla. 4
th
DCA 2018).
6
Section 119.01(1), F.S. Section 119.011(2), F.S., defines “agency” as “any state, county, district, authority, or municipal
officer, department, division, board, bureau, commission, or other separate unit of government created or established by law
including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of BILL: CS/SB 590 Page 3
Section 119.011(12), F.S., defines “public records” to include:
All documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the
physical form, characteristics, or means of transmission, made or received
pursuant to law or ordinance or in connections with the transaction of official
business by any agency.
The Florida Supreme Court has interpreted this definition to encompass all materials made or
received by an agency in connection with official business that are used to “perpetuate,
communicate, or formalize knowledge of some type.”
7
The Florida Statutes specify conditions under which public access to public records must be
provided. The Public Records Act guarantees every person’s right to inspect and copy any public
record at any reasonable time, under reasonable conditions, and under supervision by the
custodian of the public record.
8
A violation of the Public Records Act may result in civil or
criminal liability.
9
The Legislature may exempt public records from public access requirements by passing a
general law by a two-thirds vote of both the House and the Senate.
10
The exemption must state
with specificity the public necessity justifying the exemption and must be no broader than
necessary to accomplish the stated purpose of the exemption.
11
General exemptions from the public records requirements are contained in the Public Records
Act.
12
Specific exemptions often are placed in the substantive statutes relating to a particular
agency or program.
13
When creating a public records exemption, the Legislature may provide that a record is “exempt”
or “confidential and exempt.” There is a difference between records the Legislature has
determined to be exempt from the Public Records Act and those which the Legislature has
determined to be exempt from the Public Records Act and confidential.
14
Records designated as
Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf
of any public agency.”
7
Shevin v. Byron, Harless, Schaffer, Reid and Assoc., Inc., 379 So. 2d 633, 640 (Fla. 1980).
8
Section 119.07(1)(a), F.S.
9
Section 119.10, F.S. Public records laws are found throughout the Florida Statutes, as are the penalties for violating those
laws.
10
FLA. CONST. art. I, s. 24(c).
11
Id. See, e.g., Halifax Hosp. Medical Center v. News-Journal Corp., 724 So. 2d 567 (Fla. 1999) (holding that a public
meetings exemption was unconstitutional because the statement of public necessity did not define important terms and did
not justify the breadth of the exemption); Baker County Press, Inc. v. Baker County Medical Services, Inc., 870 So. 2d 189
(Fla. 1st DCA 2004) (holding that a statutory provision written to bring another party within an existing public records
exemption is unconstitutional without a public necessity statement).
12
See, e.g., s. 119.071(1)(a), F.S. (exempting from public disclosure examination questions and answer sheets of
examinations administered by a governmental agency for the purpose of licensure).
13
See, e.g., s. 213.053(2)(a), F.S. (exempting from public disclosure information contained in tax returns received by the
Department of Revenue).
14
WFTV, Inc. v. The Sch. Bd. of Seminole County, 874 So. 2d 48, 53 (Fla. 5
th
DCA 2004). BILL: CS/SB 590 Page 4
“confidential and exempt” are not subject to inspection by the public and may only be released
under the circumstances defined by statute.
15
Records designated as “exempt” may be released at
the discretion of the records custodian under certain circumstances.
16
Open Meetings Laws
The State Constitution provides that the public has a right to access governmental meetings.
17
Each collegial body must provide notice of its meetings to the public and permit the public to
attend any meeting at which official acts are taken or at which public business is transacted or
discussed.
18
This applies to the meetings of any collegial body of the executive branch of state
government, counties, municipalities, school districts or special districts.
19
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,”
20
or the “Sunshine
Law,”
21
requires all meetings of any board or commission of any state or local agency or
authority at which official acts are to be taken be open to the public.
22
The board or commission
must provide the public reasonable notice of such meetings.
23
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 restricts the public’s access to the
facility.
24
Minutes of a public meeting must be promptly recorded and open to public
inspection.
25
Failure to abide by open meetings requirements will invalidate any resolution, rule
or formal action adopted at a meeting.
26
A public officer or member of a governmental entity
who violates the Sunshine Law is subject to civil and criminal penalties.
27
The Legislature may create an exemption to open meetings requirements by passing a general
law by at least a two-thirds vote of each house of the Legislature.
28
The exemption must
explicitly lay out the public necessity justifying the exemption, and must be no broader than
15
Id.
16
Williams v. City of Minneola, 575 So. 2d 683 (Fla. 5th DCA 1991).
17
FLA. CONST., art. I, s. 24(b).
18
Id.
19
FLA. CONST., art. I, s. 24(b). Meetings of the Legislature are governed by Article III, section 4(e) of the Florida
Constitution, which states: “The rules of procedure of each house shall further provide that all prearranged gatherings,
between more than two members of the legislature, or between the governor, the president of the senate, or the speaker of the
house of representatives, the purpose of which is to agree upon formal legislative action that will be taken at a subsequent
time, or at which formal legislative action is taken, regarding pending legislation or amendments, shall be reasonably open to
the public.”
20
Times Pub. Co. v. Williams, 222 So. 2d 470, 472 (Fla. 2d DCA 1969).
21
Board of Public Instruction of Broward County v. Doran, 224 So. 2d 693, 695 (Fla. 1969).
22
Section 286.011(1)-(2), F.S.
23
Id.
24
Section 286.011(6), F.S.
25
Section 286.011(2), F.S.
26
Section 286.011(1), F.S.
27
Section 286.011(3), F.S.
28
FLA. CONST., art. I, s. 24(c). BILL: CS/SB 590 Page 5
necessary to accomplish the stated purpose of the exemption.
29
A statutory exemption which
does not meet these two criteria may be unconstitutional and may not be judicially saved.
30
Open Government Sunset Review Act
The provisions of s. 119.15, F.S., known as the Open Government Sunset Review Act
31
(the
Act), prescribe a legislative review process for newly created or substantially amended
32
public
records or open meetings exemptions, with specified exceptions.
33
The Act requires the repeal of
such exemption on October 2nd of the fifth year after creation or substantial amendment, unless
the Legislature reenacts the exemption.
34
The Act provides that a public records or open meetings exemption may be created or
maintained only if it serves an identifiable public purpose and is no broader than is necessary.
35
An exemption serves an identifiable purpose if it meets one of the following purposes and the
Legislature finds that the purpose of the exemption outweighs open government policy and
cannot be accomplished without the exemption:
It allows the state or its political subdivisions to effectively and efficiently administer a
governmental program, and administration would be significantly impaired without the
exemption;
36
It protects sensitive, personal information, the release of which would be defamatory, cause
unwarranted damage to the good name or reputation of the individual, or would jeopardize
the individual’s safety. If this public purpose is cited as the basis of an exemption, however,
only personal identifying information is exempt;
37
or
It protects information of a confidential nature concerning entities, such as trade or business
secrets.
38
The Act also requires specified questions to be considered during the review process.
39
In
examining an exemption, the Act directs the Legislature to question the purpose and necessity of
reenacting the exemption.
29
Id.
30
Halifax Hosp. Medical Center v. New-Journal Corp., 724 So. 2d 567 (Fla. 1999). In Halifax Hospital, the Florida Supreme
Court found that a public meetings exemption was unconstitutional because the statement of public necessity did not define
important terms and did not justify the breadth of the exemption. Id. at 570. The Florida Supreme Court also declined to
narrow the exemption in order to save it. Id. In Baker County Press, Inc. v. Baker County Medical Services, Inc., 870 So. 2d
189 (Fla. 1st DCA 2004), the court found that the intent of a public records statute was to create a public records exemption.
The Baker County Press court found that since the law did not contain a public necessity statement, it was unconstitutional.
Id. at 196.
31
Section 119.15, F.S.
32
An exemption is considered to be substantially amended if it is expanded to include more records or information or to
include meetings as well as records. Section 119.15(4)(b), F.S.
33
Section 119.15(2)(a) and (b), F.S., provides that exemptions required by federal law or applicable solely to the Legislature
or the State Court System are not subject to the Open Government Sunset Review Act.
34
Section 119.15(3), F.S.
35
Section 119.15(6)(b), F.S.
36
Section 119.15(6)(b)1., F.S.
37
Section 119.15(6)(b)2., F.S.
38
Section 119.15(6)(b)3., F.S.
39
Section 119.15(6)(a), F.S. The specified questions are:
What specific records or meetings are affected by the exemption? BILL: CS/SB 590 Page 6
If the exemption is continued and expanded, then a public necessity statement and a two-thirds
vote for passage are required.
40
If the exemption is continued without substantive changes or if
the exemption is continued and narrowed, then a public necessity statement and a two-thirds vote
for passage are not required. If the Legislature allows an exemption to expire, the previously
exempt records will remain exempt unless otherwise provided by law.
41
Professional Counselors Licensure Compact
The Professional Counselors Licensure Compact (compact) provides a pathway for a licensed
professional counselor who is licensed in his or her primary state of residence (the licensee’s
“home state”) the ability to apply and be granted a privilege to practice professional counseling
(equivalent to a license to practice) in another member state, both in-person and through
telehealth.
The compact will become effective after 10 states enact the legislation for the compact. The
counseling compact has passed and been signed into law in two states. On May 10, 2021,
Georgia Governor Brian Kemp signed HB 395 and subsequently on May 18, 2021, Maryland
Gov. Larry Hogan signed SB 571/HB 736.
42
The compact has also been introduced this year in
Tennessee (SB 1027 HB 0959), Nebraska (LB 554), Ohio (SB 204), and North Carolina
(HB 791).
43
Data System
Article X of the compact creates a shared interstate database and reporting system (the data
system) containing licensure, adverse action, and investigative information on all licensed
professional counselors in member states.
Pursuant to Section 2 of Article X of the compact, and notwithstanding any other provision of
state law to the contrary, a member state shall submit a uniform data set to the data system on all
licensees to whom the compact is applicable, as required by the rules of the commission,
including all of the following:
Identifying information.
Licensure data.
Adverse actions against a license or privilege to practice.
Nonconfidential information related to alternative program participation.
Any denial of application for licensure and the reason for such denial.
Current significant investigative information.
Whom does the exemption uniquely affect, as opposed to the general public?
What is the identifiable public purpose or goal of the exemption?
Can the information contained in the records or discussed in the meeting be readily obtained by alternative means?
If so, how?
Is the record or meeting protected by another exemption?
Are there multiple exemptions for the same type of record or meeting that it would be appropriate to merge?
40
See generally s. 119.15, F.S.
41
Section 119.15(7), F.S.
42
Counseling Compact, News, available at https://counselingcompact.org/news/ (last visited January 5, 2022).
43
Counseling Compact, Maps, available at https://counselingcompact.org/map/ (last visited January 5, 2022). BILL: CS/SB 590 Page 7
Other information that may facilitate the administration of the compact, as determined by the
rules of the commission.
Investigative information pertaining to a licensee in any member state may be made available
only to other member states. The commission must promptly notify all member states of any
adverse action taken against a licensee or an individual applying for a license.
Member states reporting information to the data system may designate information that may not
be shared with the public without the express permission of the reporting state.
Counseling Compact Commission
The Counseling Compact Commission (commission) is created in Article IX of the compact and
serves as the administrative arm of the Compact and the member states. Each member state is
entitled to one delegate appointed by each member state’s licensing board who must be either a
licensed professional counselor, a public member, or an administrator of the board. Each
delegate has one vote on commission affairs.
The commission meets at least once per calendar year in a publicly noticed meeting. The
compact gives the commission the authority to establish and elect an Executive Committee that
may act on behalf of the commission, with the exception of rulemaking. The commission may
also establish additional committees as necessary.
Under Section 3 of Article IX of the compact, the commission or the executive committee or
other committees of the commission may convene in a closed, nonpublic meeting if the
commission or executive committee or other committees of the commission must discuss any of
the following:
Noncompliance of a member state with its obligations under the compact.
The employment, compensation, discipline, or other matters, practices, or procedures related
to specific employees, or other matters related to the commission’s internal personnel
practices and procedures.
Current, threatened, or reasonably anticipated litigation.
Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.
Accusing any person of a crime or formally censuring any person.
Disclosure of trade secrets or commercial or financial information that is privileged or
confidential.
Disclosure of information of a personal nature if disclosure would constitute a clearly
unwarranted invasion of personal privacy.
Disclosure of investigative records compiled for law enforcement purposes.
Disclosure of information related to any investigative reports prepared by or on behalf of or
for use of the commission or other committee charged with responsibility of investigation or
determination of compliance issues pursuant to the compact.
Matters specifically exempted from disclosure by federal or member state law.
If a meeting, or portion of a meeting, is closed, the commission’s legal counsel or designee must
certify that the meeting may be closed and must reference each relevant exempting provision.
BILL: CS/SB 590 Page 8
The commission shall keep minutes that fully and clearly describe all matters discussed in a
meeting and shall provide a full and accurate summary of actions taken, and the reasons
therefore, including a description of the views expressed. All documents considered in
connection with an action must be identified in such minutes. All minutes and documents of a
closed meeting must remain under seal, subject to release by a majority vote of the commission
or order of a court of competent jurisdiction.
III. Effect of Proposed Changes:
Section 1 creates s. 491.018, F.S., to exempt from public inspection and copying requirements a
mental health counselor’s personal identifying information, other than the counselor’s name,
licensure status, or licensure number, obtained from the data system under the Professional
Counselors Licensure Compact, as established in s. 491.017, F.S., and held by the DOH or the
Board. This information is not exempt from public records requirements under the bill if the state
originally reporting the information to the data system authorizes disclosure of such information
by law.
The bill also exempts from open meeting requirements a closed meeting or any closed portion of
a meeting of the commission or the executive committee of the commission. The exemption
applies when the chair of the commission declares the specific reasons it is necessary to close the
meeting or a portion thereof in a document that is a public record and held by the commission
and announces at a public meeting that, in connection with the performance of the commission’s
duties, it is necessary that the commission discuss:
Pending litigation to which the commission is presently a party before a court or
administrative agency in accordance with s. 286.011(8).
Negotiation of contracts under competitive solicitation as provided in s. 286.0113(2).
Disclosure of trade secrets or commercial or financial information that is privileged or
confidential.
Records made exempt under this section.
Matters specifically exempted from disclosure by federal or member state law.
The bill further exempts from public inspection and copying requirements the recordings,
minutes, and records generated from closed meetings.
These exemptions are subject to the Open Government Sunset Review Act and will stand
repealed on October 2, 2027, unless reviewed and saved from repeal through reenactment by the
Legislature.
Section 2 provides, as required by the State Constitution, a statement of public necessity which
provides that protection of the specified information is required under the compact which the
state must adopt in order to become a member state and a party to the compact. Without the
public records exemption, the state would be unable to effectively and efficiently function as a
member of the compact.
Additionally, this section provides a statement of public necessity, as required by the State
Constitution, for protecting any closed meeting or any closed portion of a meeting of the BILL: CS/SB 590 Page 9
commission or the executive committee or other committees of the commission when the
commission’s legal counsel or designee has certified that the meeting may be closed because the
commission or executive committee or other committees of the commission must discuss
specified issues listed in the compact. These meetings or portions of meetings would be
exempted from s. 286.011, F.S., and s. 24(b), Art. I. of the State Constitution. Without the public
meeting exemption, the state will be prohibited from becoming a party to the Compact.
This section includes a statement of public necessity that the recordings, minutes, and records
generated during an exempt meeting of the commission are exempt pursuant to s. 464.0096, F.S.,
and exempt from s. 119.07(1), F.S., and s. 24(a), Art. I of the State Constitution. Release of such
information would negate the public meeting exemption.
Section 3 provides an effective date of the same date that SB 358 or similar legislation takes
effect. SB 358, the substantive bill authorizing Florida’s participation in the Professional
Counselors Licensure Compact, has an effective date contingent upon the enactment of the
compact into law by 10 states.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Not applicable. The bill does not require counties or municipalities to take action
requiring the expenditure of funds, reduce the authority that counties or municipalities
have to raise revenue in the aggregate, nor reduce the percentage of state tax shared with
counties or municipalities.
B. Public Records/Open Meetings Issues:
Vote Requirement
Article I, section 24(c) of the State Constitution requires a two-thirds vote of the
members present and voting for final passage of a bill creating or expanding an
exemption to the public records or open meetings requirements. This bill creates public
records exemptions and a public meeting exemption; therefore, it requires a two-thirds
vote.
Public Necessity Statement
Article I, section 24(c) of the State Constitution requires a bill creating or expanding an
exemption to the public records or open meetings requirements to state with specificity
the public necessity justifying the exemption. Section 2 includes a public necessity
statement for both exemptions.
The public necessity statement for the public records exemption of certain personal
identifying information states that:
Protection of such information is required under the Professional
Counselors Licensure compact, which the state must adopt in order to BILL: CS/SB 590 Page 10
become a member state of the compact. Without the public records
exemption, this state will be unable to effectively and efficiently
implement and administer the compact.
Thus, the specific justification for denying public access to a counselor’s personal
identifying information (as specified in this bill) is to become an effective member state
of the compact. However, it is unclear from the statement what the public purpose or
“public necessity” for such membership would be. Thus, the public necessity statement
appears insufficiently specific to justify the exemption.
44
The public necessity statement language justifying the exemption from open meeting
requirements conflicts with the language of the meeting exemption in Section 1, as shown
by the italicized language:
The Professional Counselors Licensure Compact requires the closure
of any meeting, or any portion of a meeting, of the Counseling
Compact Commission or the executive committee or other
committees of the commission if the commission’s legal counsel or
designee has certified that the meeting may be closed because the
commission or executive committee or other committees of the
commission must discuss certain sensitive and confidential subject
matters. In the absence of a public meeting exemption, this state
would be prohibited from becoming a member state of the compact.
Thus, the Legislature should consider an amendment to conform this language.
Additionally, the public necessity statement justifies the closure of a meeting or portion
thereof for the discussion of “certain sensitive and confidential subject matters.” The bill
contains five distinct “sensitive and confidential” matters. The public necessity statement
does not appear specific enough to support the five diverse subject matters covered by the
exemption.
Breadth of Exemption
Article I, section 24(c), of the State Constitution requires exemptions to the public
records and open meetings requirements to be no broader than necessary to accomplish
the stated purpose of the law. The bill creates a public records exemption for personal
identifying information, other than the counselor’s name, licensure status, or licensure
number, which does not appear – subject to the concerns raised above - to be broader
than necessary to accomplish its purpose as outlined in the public necessity statement.
The bill provides that a meeting or a portion of a meeting of the commission or the
executive committee of the commission is exempt if the chair of the commission declares
44
Cf. Bryan v. State, 753 So.2d 1244, 1251 (Fla. 2000) (finding public necessity statement supporting exemption for records
identifying individuals involved in death penalty executions was sufficiently specific where the Legislature detailed that
disclosure of this information would jeopardize the individual's safety and welfare by exposing them to potential harassment,
intimidation, and harm). BILL: CS/SB 590 Page 11
the specific reasons it is necessary to close the meeting or a portion thereof in a document
that is a public record and held by the commission and announces at a public meeting
that, in connection with the performance of the commission’s duties, it is necessary that
the commission discuss:
Pending litigation to which the commission is presently a party before a court or
administrative agency in accordance with s. 286.011(8).
Negotiation of contracts under competitive solicitation as provided in s. 286.0113(2).
Disclosure of trade secrets or commercial or financial information that is privileged or
confidential.
Records made exempt under this section.
Matters specifically exempted from disclosure by federal or member state law.
As stated above, the public necessity statement provides only that a meeting may be
closed for discussion of “certain sensitive and confidential subject matters.” The five
enumerated exemptions carve out more territory than the currently drafted public
necessity statement can support. Thus, the public meetings exemption appears to be
broader than necessary to achieve the current stated purpose.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The private sector will be subject to the cost, to the extent imposed, associated with the
DOH making redactions in response to a public records request.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None. BILL: CS/SB 590 Page 12
VII. Related Issues:
Under the bill, a meeting of the commission or the executive committee of the commission may
be closed if the chair of the commission declares the specific reasons it is necessary to close the
meeting or a portion thereof in a document that is a public record and held by the commission
and announces at a public meeting that, in connection with the performance of the commission’s
duties, it is necessary that the commission discuss any of the five enumerated exempt provisions.
However, SB 358, to which this bill is linked, contains (i) a different process for the closing of
an otherwise public meeting; and (ii) different exempt provisions upon which a meeting may be
closed. SB 358 authorizes the commission or executive committee or other committees of the
commission to convene in a closed, nonpublic meeting if the commission or executive committee
or other committees of the commission must discuss any of the ten enumerated exemption
provisions. It then provides that if a meeting, or a portion of a meeting, is closed, that the
commission’s legal counsel or designee must certify that the meeting may be closed and
reference each relevant exemption provision. The ten exempt provisions
45
in SB 358 are
overbroad, appear contrary to state law, or conflict with the exempt provisions under this bill. An
amendment may be considered to align the processes for closing a meeting and the exempt
meeting provisions in these two linked bills.
VIII. Statutes Affected:
This bill creates section 491.018 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Governmental Oversight and Accountability on January 13, 2022:
The CS:
Revises the exemption to open meetings in SB 590 to conform to constitutional and
statutory requirements.
Permits the commission to close a meeting by call of the chair, rather than by
certification of the commission’s legal counsel or designee.
o Specifically, the amendment permits the commission to close a meeting or portion
thereof if the chair declares the specific reasons it is necessary to close the
45
The ten exemptions include discussion of any of the following: (1) Noncompliance of a member state with its obligations
under the compact; (2) The employment, compensation, discipline, or other matters, practices, or procedures related to
specific employees, or other matters related to the commission’s internal personnel practices and procedures; (3) Current,
threatened, or reasonably anticipated litigation; (4) Negotiation of contracts for the purchase, lease, or sale of goods, services,
or real estate; (5) Accusing any person of a crime or formally censuring any person; (6) Disclosure of trade secrets or
commercial or financial information that is privileged or confidential; (7) Disclosure of information of a personal nature if
disclosure would constitute a clearly unwarranted invasion of personal privacy; (8) Disclosure of investigative records
compiled for law enforcement purposes; (9) Disclosure of information related to any investigative reports prepared by or on
behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of
compliance issues pursuant to the compact; and (10) Matters specifically exempted from disclosure by federal or member
state law.
BILL: CS/SB 590 Page 13
meeting in a document that is a public record and held by the commission and
announces at a public meeting that, in connection with the performance of the
commission’s duties, it is necessary that the commission discuss certain
enumerated topics.
Removes the term “other committees” to permit only the Counseling Compact
Commission and the executive committee of the commission – both defined entities
within the Compact’s substantive bill - as having the authority to hold a closed
meeting.
Removes five of the ten enumerated bases that trigger a closed meeting that are
overbroad or otherwise conflict with state law.
Revises the remaining bases to permit closure of a meeting when the commission will
discuss:
o Pending litigation.
o Negotiation of contracts under competitive solicitation.
o Disclosure of trade secrets.
o The personal identifying information made exempt under subsection (1) of this
bill.
o Matters specifically exempted from disclosure by federal or member state law.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.