This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1127b.EEG
DATE: 3/27/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1127 Pub. Rec. and Meetings/Interstate Teacher Mobility Compact
SPONSOR(S): Smith
TIED BILLS: CS/HB 1125 IDEN./SIM. BILLS: SB 1448
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Education Quality Subcommittee 18 Y, 0 N Wolff Sanchez
2) Ethics, Elections & Open Government
Subcommittee
Shapiro Toliver
3) Education & Employment Committee
SUMMARY ANALYSIS
The Interstate Teacher Mobility Compact (ITMC) is an interstate occupational licensure compact. Interstate
compacts are constitutionally authorized, legislatively enacted, legally binding agreements among states. The
ITMC will allow teachers with an eligible license held in a compact member state to be granted an equivalent
license in another compact member state, lowering barriers to teacher mobility and getting teachers back into
the classroom more seamlessly.
Under the ITMC, a teacher certified in one member state is entitled to receive the closest equivalent
certification in another member state simply by presenting their originating state’s certification and passing any
background screening requirement implemented by the receiving state. Member states are required to share
necessary information, such as certification or discipline history, when certificate holders move between states.
Given the sensitive nature of some of these documents, the ITMC requires that information related to individual
teachers shared between member states remain confidential.
In order to permit Florida to participate in the ITMC, the bill creates a public meeting exemption for portions of a
meeting of the ITMC required to remain confidential under the Compact. It also creates a public record
exemption for any recordings, minutes, or records generated at an exempt meeting, as well as any teacher
investigation or discipline records received by Florida from another member state but only to the extent that
existing Florida law exempts Florida teacher investigation and discipline records.
The bill has an insignificant negative fiscal impact on the Department of Education and no fiscal impact on local
governments. See Fiscal Comments.
The bill will become effective on the same date that CS/HB 1125 (2023) or similar legislation takes effect, if
such legislation is adopted in the same legislative session or an extension thereof and becomes law.
Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the members present
and voting for final passage of a newly created or expanded public record or public meeting
exemption. The bill expands a public record exemption; thus, it requires a two-thirds vote for final
passage. STORAGE NAME: h1127b.EEG PAGE: 2
DATE: 3/27/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Public Records and Meetings
Public Records Law
Article I, s. 24(a) of the State Constitution sets forth the state’s public policy regarding access to
government records. The section guarantees every person a right to inspect or copy any public record
of the legislative, executive, and judicial branches of government.
Public policy regarding access to government records is addressed further in the Florida Statutes.
Section 119.07(1), F.S., guarantees every person a right to inspect and copy any state, county, or
municipal record.
Public Meetings Law
Article I, s. 24(b) of the State Constitution sets forth the state’s public policy regarding access to
government meetings. The section requires all meetings of any collegial public body of the executive
branch of state government or of any collegial public body of a county, municipality, school district, or
special district, at which official acts are to be taken or at which public business of such body is to be
transacted or discussed, be open and noticed to the public.
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” or “Sunshine Law,” further
requires that all meetings of any board or commission of any state agency or authority, or of any
agency or authority of any county, municipal corporation, or political subdivision, at which official acts
are to be taken be open to the public at all times.
1
The board or commission must provide reasonable
notice of all public meetings.
2
Minutes of a public meeting must be promptly recorded and open to
public inspection.
3
No resolution, rule, or formal action is considered binding unless action is taken or made at a public
meeting.
4
Acts taken by a board or commission in violation of this requirement are considered void,
5
though a failure to comply with open meeting requirements may be cured by independent final action
by the board or commission fully in compliance with public meeting requirements.
6
Public Record and Public Meeting Exemptions
The Legislature may provide by general law for the exemption of records and meetings from the
requirements of art. I, s. 24(a) and (b) of the State Constitution. The general law must state with
specificity the public necessity justifying the exemption (public necessity statement) and must be no
broader than necessary to accomplish its purpose.
7
1
Section 286.011(1), F.S.
2
Id.
3
Section 286.011(2), F.S.
4
Section 286.011(1), F.S.
5
Grapski v. City of Alachua, 31 So. 3d 193 (Fla. 1st DCA 2010).
6
Finch v. Seminole Cnty. Sch. Bd., 995 So. 2d 1068 (Fla. 5th DCA 2008).
7
Article I, s. 24(c), Fla. Const. STORAGE NAME: h1127b.EEG PAGE: 3
DATE: 3/27/2023
Furthermore, the Open Government Sunset Review Act
8
provides that a public record or public meeting
exemption may be created or maintained only if it serves an identifiable public purpose. The exemption
may be no broader than is necessary to meet one of the following purposes:
9
Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption;
Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only information that would identify an individual may
be exempted under this provision; or
Protect trade or business secrets.
The Open Government Sunset Review Act requires the automatic repeal of a newly created exemption
on October 2
nd
of the fifth year after creation or substantial amendment, unless the Legislature reenacts
the exemption.
10
Public Record Exemption for Teacher Investigations and Discipline
Currently, complaints against a teacher or administrator and all information obtained pursuant to the
investigation by the Department of Education (DOE) are confidential and exempt disclosure until the
conclusion of the preliminary investigation
11
or until such time as the preliminary investigation ceases to
be active.
12
Upon the expiration of the exemption, the complaint and all associated materials are open
for inspection pursuant to Florida’s public records laws, except for any medical records submitted as
part of a teacher’s participation in a recovery network program for educators.
13
The complaint and all material assembled during the investigation may be inspected and copied by the
certificate holder or the certificate holder’s designee, after the investigation is concluded, but prior to the
determination of probable cause.
14
Interstate Teacher Mobility Compact
The Interstate Teacher Mobility Compact (ITMC) is an interstate occupational licensure compact.
Interstate compacts are constitutionally authorized, legislatively enacted, and legally binding
agreements among states. The ITMC will allow teachers with an eligible license held in a compact
member state to be granted an equivalent license in another compact member state, lowering barriers
to teacher mobility and getting teachers back into the classroom more seamlessly.
15
The ITMC utilizes a different model than other interstate occupational licensure compacts. Compact
Member states submit licenses that are eligible for the compact and meet a set of criteria outlined in the
legislation. To be eligible, a license must require a bachelor’s degree and completion of a state-
approved program for teacher licensure like a teacher preparation program at a college or university.
Furthermore, for a license to be eligible under the compact it must be unencumbered (i.e., not
restricted, probationary, provisional, substitute or temporary).
16
Teachers holding a compact-eligible license can apply for licensure in another member state and
receive the closest equivalent license without submitting additional materials, taking state-specific
8
Section 119.15, F.S.
9
Section 119.15(6)(b), F.S.
10
Section 119.15(3), F.S.
11
The preliminary investigation is deemed concluded upon a determination of probable cause by the Commissioner of Education.
Section 1012.796(4), F.S.
12
Regarding these investigations, a preliminary investigation shall be considered active as long as it is continuing with a reasonable,
good faith anticipation that an administrative finding will be made in the foreseeable future. Section 1012.796(4), F.S.
13
Id.
14
Id.
15
National Center for Interstate Compacts, Interstate Teacher Mobility Compact, available at https://teachercompact.org/wp-
content/uploads/sites/28/2022/11/ITMC-Overview.pdf.
16
Id. STORAGE NAME: h1127b.EEG PAGE: 4
DATE: 3/27/2023
exams or completing additional coursework. Special carveouts were created for some populations in
the compact to support equitable access. Due to the mobility patterns of military spouses, the barriers
to receiving a license that would be considered unencumbered under the compact are much higher.
Teachers meeting the definition of an eligible military spouse will be able to use a temporary or
provisional license for the purposes of the compact. Career and Technical Education Teaching
Licenses often do not require a bachelor’s degree as a requirement for licensure, so the compact
allows these licenses to be considered eligible without that requirement.
17
The ITMC will be administered by the Interstate Teacher Mobility Compact Commission (Commission),
whose membership will be made up of the head of each member state’s State Licensing Agency for
educators (in Florida this is the DOE), or her or his designee.
The ITMC model legislation requires that member states share teacher discipline and other records
with other member states, upon request, to facilitate the movement of teachers and compliance with
individual state background screening requirements. To protect the privacy of teachers, the ITMC
model legislation requires that such records and any meetings of the Commission at which such
records are discussed be kept confidential.
CS/HB 1125 (2023)
CS/HB 1125 (2023), to which this bill is linked, ratifies the ITMC by adopting the model legislation into
Florida statute. Once the ITMC is effective, following ratification by the tenth state, the designated
commissioner of each member state will coordinate implementation of the policies and procedures
necessary to effectuate the ITMC. As such, the DOE, through the Commissioner of Education, will
begin to have access to teacher discipline and other records. In order for Florida to be compliant with
the provisions of the ITMC, as proposed to be adopted in CS/HB 1125 (2023), these records and
meetings must remain confidential, necessitating a public record and public meeting exemption.
Effect of Proposed Changes
The bill, which is linked to the passage of CS/HB 1125 (2023), creates a public records exemption for
files and information regarding an investigation and discipline of teachers in other ITMC member states.
This public records exemption is aligned to the existing public records exemption for Florida’s teacher
investigation and discipline records. As set forth in the ITMC, the bill requires that before disclosing any
disciplinary or investigatory information received from another member state, the disclosing state shall
communicate its intention and purpose for such disclosure to the member state that originally provided
that information.
The bill creates a public meeting exemption for any portion of a meeting of the Commission, or its
executive committee, in which any of the following information is discussed:
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;
trade secrets or commercial or financial information that is privileged or confidential;
information of a personal nature if disclosure would constitute a clearly unwarranted invasion of
personal privacy;
investigative records compiled for law enforcement purposes;
information relating to any investigative reports prepared by or on behalf of or for use by the
commission or executive committee when investigating or determining compliance with the
compact;
matters specifically exempted from disclosure by federal or state practice laws; or
17
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DATE: 3/27/2023
other matters as set forth by the commission's bylaws and rules.
Additionally, the bill provides that recordings, minutes, and records generated during any portion of an
exempt meeting are also exempt from disclosure.
The bill provides statements of public necessity as required by the Florida Constitution. The bill is
subject to the Open Government Sunset Review Act and stands repealed on October 2, 2028, unless
reviewed and saved from repeal through reenactment by the Legislature.
The bill will become effective on the same date that CS/HB 1125 (2023) or similar legislation takes
effect, if such legislation is adopted in the same legislative session or an extension thereof and
becomes law.
B. SECTION DIRECTORY:
Section 1: Creates s. 1012.9931, F.S.; providing an exemption from public meetings requirements
for certain portions of meetings of the Interstate Teacher Mobility Compact Commission
and its executive committee; providing an exemption from public records requirements
for recordings, minutes, and records generated during exempt portions of such meetings
and for certain files and information relating to specified investigations; providing for
future legislative review and repeal of the exemptions.
Section 2: Provides statement of public necessity.
Section 3: Provides a contingent effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill may have a minimal fiscal impact on DOE because agency staff responsible for complying with public
record requests may require training relating to the creation of the public record exemption. The costs,
however, would be absorbed as they are part of the day-to-day responsibilities of agencies.
III. COMMENTS
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DATE: 3/27/2023
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
Vote Requirement
Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the members present
and voting for final passage of a newly created or expanded public record or public meeting
exemption. The bill creates a public record and public meeting exemption; thus, it requires a two-
thirds vote for final passage.
Public Necessity Statement
Article I, section 24(c) of the Florida Constitution requires a public necessity statement for a newly
created or expanded public record or public meeting exemption. The bill creates a public record and
public meeting exemption; thus, it includes the required public necessity statements. The statements
provide, in part, that that without these protections for records received by the Commissioner or for
Commission meetings Florida would be unable to participate in the ITMC.
Breadth of Exemption
Article I, section 24(c) of the Florida Constitution requires a newly created or expanded public record
or public meeting exemption to be no broader than necessary to accomplish the stated purpose of
the law. The bill creates a public record and public meeting exemption mirroring the language from
the ITMC model legislation as required for Florida to participate in the ITMC. The public record
exemption has the same scope as the existing public records exemption for teacher discipline
investigations and records. The public meeting exemption specifically enumerates the topics, as set
forth in the ITMC model legislation, that are to be exempt and limits the exemption to only the
portions of a meeting that deal with those topics. The exemptions do not appear to be broader than
necessary to accomplish the purpose of the exemptions.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.