HB 283 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0283-00
Page 1 of 5
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
A bill to be entitled 1
An act relating to public records and meetings; 2
creating s. 486.113, 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
Physical Therapy pursuant to the Physical Therapy 6
Licensure Compact; authorizing disclosure of exempt 7
information under certain circumstances; providing an 8
exemption from public meeting requirements for cert ain 9
meetings of the Physical Therapy Compact Commission 10
and the executive board and other committees of the 11
commission; providing an exemption from public records 12
requirements for recordings, minutes, and records 13
generated during the closed portion of such meetings; 14
providing for future legislative review and repeal of 15
the exemptions; providing a statement of public 16
necessity; providing a contingent effective date. 17
18
Be It Enacted by the Legislature of the State of Florida: 19
20
Section 1. Section 486.11 3, Florida Statutes, is created 21
to read: 22
486.113 Physical Therapy Licensure Compact; public records 23
and meetings exemptions. — 24
(1) A physical therapist's personal identifying 25
HB 283 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0283-00
Page 2 of 5
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
information, other than the physical therapist's name, licensure 26
status, or license number, obtained from the coordinated 27
database and reporting system, as described in article VIII of 28
s. 486.112, and held by the department or the board is exempt 29
from s. 119.07(1) and s. 24(a), Art. I of the State Constitution 30
unless the state that originally reported the information to the 31
coordinated licensure information system authorizes the 32
disclosure of such information by law. If disclosure is so 33
authorized, information may be disclosed only to the extent 34
authorized by law by the reporting sta te. 35
(2)(a) A meeting or a portion of a meeting of the Physical 36
Therapy Compact Commission or the executive board or other 37
committees of the commission established in article VII of s. 38
486.112, is exempt from s. 286.011 and s. 24(b), Art. I of the 39
State Constitution if the commission or the executive board or 40
other committee of the commission must discuss any of the 41
following: 42
1. Noncompliance of a member state with its obligations 43
under the compact. 44
2. The employment, compensation, or discipline of, o r 45
other matters, practices, or procedures related to, specific 46
employees or other matters related to the commission's internal 47
personnel practices and procedures. 48
3. Current, threatened, or reasonably anticipated 49
litigation against the commission, execut ive board, or other 50
HB 283 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0283-00
Page 3 of 5
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
committees of the commission. 51
4. Negotiation of contracts for the purchase, lease, or 52
sale of goods, services, or real estate. 53
5. An accusation of any person of a crime or a formal 54
censure of any person. 55
6. Information disclosing trade secrets or commercial or 56
financial information that is privileged or confidential. 57
7. Information of a personal nature when disclosure would 58
constitute a clearly unwarranted invasion of personal privacy. 59
8. Investigatory records compiled for law enforcement 60
purposes. 61
9. Information related to any investigative reports 62
prepared by or on behalf of or for the use of the commission or 63
other committee charged with responsibility for investigation or 64
determination of compliance issues pursuant to the compact. 65
10. Matters specifically exempted from disclosure by 66
federal or member state statute. 67
(b) In keeping with the intent of the Physical Therapy 68
Licensure Compact, recordings, minutes, and records generated 69
during an exempt commission meeting or a portion of such a 70
meeting are exempt from s. 119.07(1) and s. 24(a), Art. I of the 71
State Constitution. 72
(3) This section is subject to the Open Government Sunset 73
Review Act in accordance with s. 119.15 and shall st and repealed 74
on October 2, 2028, unless reviewed and saved from repeal 75
HB 283 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0283-00
Page 4 of 5
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
through reenactment by the Legislature. 76
Section 2. (1) The Legislature finds that it is a public 77
necessity that a physical therapist's personal identifying 78
information, other than the physical therapist's name, licensure 79
status, or license number, obtained from the coordinated 80
database and reporting system, as described in article VIII of 81
s. 486.112, Florida Statutes, and held by the Department of 82
Health or the Board of Physical The rapy, be made exempt from s. 83
119.07(1), Florida Statutes, and s. 24(a), Article I of the 84
State Constitution. Protection of such information is required 85
under the Physical Therapy Licensure Compact, which the state 86
must adopt in order to become a member sta te of the compact. 87
Without the public records exemption, this state will be unable 88
to effectively and efficiently implement and administer the 89
compact. 90
(2)(a) The Legislature finds that it is a public necessity 91
that any meeting of the Physical Therapy Co mpact Commission or 92
the executive board or other committee of the commission held as 93
provided in article VII of s. 486.112, Florida Statutes, in 94
which matters specifically exempted from disclosure by federal 95
or state law are discussed be made exempt from s . 286.011, 96
Florida Statutes, and s. 24(b), Article I of the State 97
Constitution. 98
(b) The Physical Therapy Licensure Compact requires the 99
closing of any meeting, or any portion of a meeting, of the 100
HB 283 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0283-00
Page 5 of 5
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
Physical Therapy Compact Commission or the executive board or 101
other committee of the commission if they are discussing certain 102
sensitive and confidential subjects. In the absence of a public 103
meeting exemption, this state would be prohibited from becoming 104
a member state of the compact. 105
(3) The Legislature also f inds that it is a public 106
necessity that the recordings, minutes, and records generated 107
during a meeting that is exempt pursuant to s. 486.113(2), 108
Florida Statutes, be made exempt from s. 119.07(1), Florida 109
Statutes, and s. 24(a), Article I of the State Con stitution. 110
Release of such information would negate the public meeting 111
exemption. As such, the Legislature finds that the public 112
records exemption is a public necessity. 113
Section 3. This act shall take effect on the same date 114
that HB 281 or similar legislation takes effect , if such 115
legislation is adopted in the same legislative session or an 116
extension thereof and becomes a law. 117