Florida 2023 Regular Session

Florida House Bill H0283 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 283 2023
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0283-00
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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	14	A bill to be entitled 1
15	15	An act relating to public records and meetings; 2
16	16	creating s. 486.113, 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	Physical Therapy pursuant to the Physical Therapy 6
20	20	Licensure Compact; authorizing disclosure of exempt 7
21	21	information under certain circumstances; providing an 8
22	22	exemption from public meeting requirements for cert ain 9
23	23	meetings of the Physical Therapy Compact Commission 10
24	24	and the executive board and other committees of the 11
25	25	commission; providing an exemption from public records 12
26	26	requirements for recordings, minutes, and records 13
27	27	generated during the closed portion of such meetings; 14
28	28	providing for future legislative review and repeal of 15
29	29	the exemptions; providing a statement of public 16
30	30	necessity; providing a contingent effective date. 17
31	31	18
32	32	Be It Enacted by the Legislature of the State of Florida: 19
33	33	20
34	34	Section 1. Section 486.11 3, Florida Statutes, is created 21
35	35	to read: 22
36	36	486.113 Physical Therapy Licensure Compact; public records 23
37	37	and meetings exemptions. — 24
38	38	(1) A physical therapist's personal identifying 25
39	39
40	40	HB 283 2023
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42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0283-00
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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
48	48
49	49
50	50
51	51	information, other than the physical therapist's name, licensure 26
52	52	status, or license number, obtained from the coordinated 27
53	53	database and reporting system, as described in article VIII of 28
54	54	s. 486.112, and held by the department or the board is exempt 29
55	55	from s. 119.07(1) and s. 24(a), Art. I of the State Constitution 30
56	56	unless the state that originally reported the information to the 31
57	57	coordinated licensure information system authorizes the 32
58	58	disclosure of such information by law. If disclosure is so 33
59	59	authorized, information may be disclosed only to the extent 34
60	60	authorized by law by the reporting sta te. 35
61	61	(2)(a) A meeting or a portion of a meeting of the Physical 36
62	62	Therapy Compact Commission or the executive board or other 37
63	63	committees of the commission established in article VII of s. 38
64	64	486.112, is exempt from s. 286.011 and s. 24(b), Art. I of the 39
65	65	State Constitution if the commission or the executive board or 40
66	66	other committee of the commission must discuss any of the 41
67	67	following: 42
68	68	1. Noncompliance of a member state with its obligations 43
69	69	under the compact. 44
70	70	2. The employment, compensation, or discipline of, o r 45
71	71	other matters, practices, or procedures related to, specific 46
72	72	employees or other matters related to the commission's internal 47
73	73	personnel practices and procedures. 48
74	74	3. Current, threatened, or reasonably anticipated 49
75	75	litigation against the commission, execut ive board, or other 50
76	76
77	77	HB 283 2023
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0283-00
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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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86	86
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88	88	committees of the commission. 51
89	89	4. Negotiation of contracts for the purchase, lease, or 52
90	90	sale of goods, services, or real estate. 53
91	91	5. An accusation of any person of a crime or a formal 54
92	92	censure of any person. 55
93	93	6. Information disclosing trade secrets or commercial or 56
94	94	financial information that is privileged or confidential. 57
95	95	7. Information of a personal nature when disclosure would 58
96	96	constitute a clearly unwarranted invasion of personal privacy. 59
97	97	8. Investigatory records compiled for law enforcement 60
98	98	purposes. 61
99	99	9. Information related to any investigative reports 62
100	100	prepared by or on behalf of or for the use of the commission or 63
101	101	other committee charged with responsibility for investigation or 64
102	102	determination of compliance issues pursuant to the compact. 65
103	103	10. Matters specifically exempted from disclosure by 66
104	104	federal or member state statute. 67
105	105	(b) In keeping with the intent of the Physical Therapy 68
106	106	Licensure Compact, recordings, minutes, and records generated 69
107	107	during an exempt commission meeting or a portion of such a 70
108	108	meeting are exempt from s. 119.07(1) and s. 24(a), Art. I of the 71
109	109	State Constitution. 72
110	110	(3) This section is subject to the Open Government Sunset 73
111	111	Review Act in accordance with s. 119.15 and shall st and repealed 74
112	112	on October 2, 2028, unless reviewed and saved from repeal 75
113	113
114	114	HB 283 2023
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118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb0283-00
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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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123	123
124	124
125	125	through reenactment by the Legislature. 76
126	126	Section 2. (1) The Legislature finds that it is a public 77
127	127	necessity that a physical therapist's personal identifying 78
128	128	information, other than the physical therapist's name, licensure 79
129	129	status, or license number, obtained from the coordinated 80
130	130	database and reporting system, as described in article VIII of 81
131	131	s. 486.112, Florida Statutes, and held by the Department of 82
132	132	Health or the Board of Physical The rapy, be made exempt from s. 83
133	133	119.07(1), Florida Statutes, and s. 24(a), Article I of the 84
134	134	State Constitution. Protection of such information is required 85
135	135	under the Physical Therapy Licensure Compact, which the state 86
136	136	must adopt in order to become a member sta te of the compact. 87
137	137	Without the public records exemption, this state will be unable 88
138	138	to effectively and efficiently implement and administer the 89
139	139	compact. 90
140	140	(2)(a) The Legislature finds that it is a public necessity 91
141	141	that any meeting of the Physical Therapy Co mpact Commission or 92
142	142	the executive board or other committee of the commission held as 93
143	143	provided in article VII of s. 486.112, Florida Statutes, in 94
144	144	which matters specifically exempted from disclosure by federal 95
145	145	or state law are discussed be made exempt from s . 286.011, 96
146	146	Florida Statutes, and s. 24(b), Article I of the State 97
147	147	Constitution. 98
148	148	(b) The Physical Therapy Licensure Compact requires the 99
149	149	closing of any meeting, or any portion of a meeting, of the 100
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151	151	HB 283 2023
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155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb0283-00
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158	158	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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162	162	Physical Therapy Compact Commission or the executive board or 101
163	163	other committee of the commission if they are discussing certain 102
164	164	sensitive and confidential subjects. In the absence of a public 103
165	165	meeting exemption, this state would be prohibited from becoming 104
166	166	a member state of the compact. 105
167	167	(3) The Legislature also f inds that it is a public 106
168	168	necessity that the recordings, minutes, and records generated 107
169	169	during a meeting that is exempt pursuant to s. 486.113(2), 108
170	170	Florida Statutes, be made exempt from s. 119.07(1), Florida 109
171	171	Statutes, and s. 24(a), Article I of the State Con stitution. 110
172	172	Release of such information would negate the public meeting 111
173	173	exemption. As such, the Legislature finds that the public 112
174	174	records exemption is a public necessity. 113
175	175	Section 3. This act shall take effect on the same date 114
176	176	that HB 281 or similar legislation takes effect , if such 115
177	177	legislation is adopted in the same legislative session or an 116
178	178	extension thereof and becomes a law. 117