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 |
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48 | 48 | | |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | 491.023 Social Work Licensure Interstate Compact; public 26 |
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52 | 52 | | records and meetings exemptions. — 27 |
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53 | 53 | | (1) A social worker's personal identifying information, 28 |
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54 | 54 | | other than the social worker's name, licensure status, or 29 |
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55 | 55 | | licensure number, obtained from the data system, as described in 30 |
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56 | 56 | | Art. XI of s. 491.022, and held by the department or the board 31 |
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57 | 57 | | is exempt from s. 119.0 7(1) and s. 24(a), Art. I of the State 32 |
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58 | 58 | | Constitution unless the state that originally reported the 33 |
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59 | 59 | | information to the data system authorizes the disclosure of such 34 |
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60 | 60 | | information by law. If disclosure is so authorized, such 35 |
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61 | 61 | | information may be disclosed only to the extent authorized by 36 |
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62 | 62 | | the law of the reporting state. 37 |
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63 | 63 | | (2)(a) A meeting or a portion of a meeting of the Social 38 |
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64 | | - | Work Licensure Compact Commission or the executive committee or 39 |
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65 | | - | other committee of the commission, established in Article X of 40 |
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66 | | - | s. 491.022, at which ma tters specifically exempted from 41 |
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67 | | - | disclosure by federal or state law is exempt from s. 286.011 and 42 |
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68 | | - | s. 24(b), Art. I of the State Constitution . 43 |
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69 | | - | (b) Recordings, minutes, and records generated during an 44 |
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70 | | - | exempt meeting or portion of such a meeting are exempt from s. 45 |
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71 | | - | 119.07(1) and s. 24(a), Art. I of the State Constitution. 46 |
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72 | | - | (3) This section is subject to the Open Government Sunset 47 |
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73 | | - | Review Act in accordance with s. 119.15 and shall stand repealed 48 |
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74 | | - | on October 2, 2030, unless reviewed and saved from repeal 49 |
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75 | | - | through reenactment by the Legislature. 50 |
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| 64 | + | Work Licensure Interstate Compact Commission or the executive 39 |
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| 65 | + | committee or other committee of the commission held as provided 40 |
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| 66 | + | in s. 491.022 is exempt from s. 286.011 and s. 24(b), Art. I of 41 |
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| 67 | + | the State Constitution if the commission or committee needs to 42 |
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| 68 | + | receive legal advice or discuss any of the following: 43 |
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| 69 | + | 1. Noncompliance of a member state with its obligations 44 |
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| 70 | + | under the compact. 45 |
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| 71 | + | 2. The employment, compensation, discipline of, or other 46 |
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| 72 | + | matters, practices, or procedures related to specific employees. 47 |
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| 73 | + | 3. Current or threatened discipline of a licensee by the 48 |
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| 74 | + | commission or by a member state's licensing authority. 49 |
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| 75 | + | 4. Current, threatened, or reasonably anticipated 50 |
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88 | | - | Section 2. (1) The Legislature finds that it is a public 51 |
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89 | | - | necessity that a social worker's personal identifying 52 |
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90 | | - | information, other than the social worker's name, licensure 53 |
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91 | | - | status, or licensure number, obtained from the data system, as 54 |
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92 | | - | described in Article XI of s. 491.022, Florida Statutes, and 55 |
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93 | | - | held by the Department of Health or the Board of Clinical Social 56 |
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94 | | - | Work, Marriage and Family Therapy, and Mental Health Counseling 57 |
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95 | | - | be made exempt from s. 119.07(1), Florida Statutes , and s. 58 |
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96 | | - | 24(a), Article I of the State Constitution. Protection of such 59 |
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97 | | - | information is required under the Social Work Licensure 60 |
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98 | | - | Interstate Compact, which a state must adopt in order to become 61 |
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99 | | - | a member state of the compact. Without the public records 62 |
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100 | | - | exemption, this state will be unable to effectively implement 63 |
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101 | | - | and administer the compact. 64 |
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102 | | - | (2)(a) The Legislature finds that it is a public necessity 65 |
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103 | | - | that any meeting of the Social Work Licensure Compact Commission 66 |
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104 | | - | or the executive committee or other committee of the commission 67 |
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105 | | - | held as provided in s. 491.022, Florida Statutes, in which 68 |
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106 | | - | matters specifically exempted from disclosure by federal or 69 |
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107 | | - | state law are discussed be made exempt from s. 286.011, Florida 70 |
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108 | | - | Statutes, and s. 24(b), Article I of the State Constitu tion. 71 |
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109 | | - | (b) The Social Work Licensure Interstate Compact requires 72 |
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110 | | - | the closure of any meeting, or any portion of a meeting, of the 73 |
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111 | | - | Social Work Licensure Compact Commission or the executive 74 |
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112 | | - | committee or other committee of the commission if the presiding 75 |
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| 88 | + | litigation. 51 |
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| 89 | + | 5. Negotiation of contracts for the purchase, lease, or 52 |
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| 90 | + | sale of goods, services, or real estate. 53 |
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| 91 | + | 6. Accusing any person of a crime or formally censuring 54 |
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| 92 | + | any person. 55 |
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| 93 | + | 7. Trade secrets or commercial or financial inform ation 56 |
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| 94 | + | that is privileged or confidential. 57 |
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| 95 | + | 8. Information of a personal nature when disclosure would 58 |
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| 96 | + | constitute a clearly unwarranted invasion of personal privacy. 59 |
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| 97 | + | 9. Investigative records compiled for law enforcement 60 |
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| 98 | + | purposes. 61 |
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| 99 | + | 10. Information related to any investigative reports 62 |
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| 100 | + | prepared by, or on behalf of or for the use of, the commission 63 |
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| 101 | + | or other committee charged with responsibility of investigation 64 |
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| 102 | + | or determination of compliance issues pursuant to the compact. 65 |
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| 103 | + | 11. Matters specifically exempted from disclosure by 66 |
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| 104 | + | federal or member state law. 67 |
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| 105 | + | 12. Other matters as adopted by commission rule. 68 |
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| 106 | + | (b) The presiding officer of the meeting shall state that 69 |
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| 107 | + | the meeting will be closed and reference each relevant exempting 70 |
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| 108 | + | provision, which must be recorde d in the meeting minutes. 71 |
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| 109 | + | (c) In keeping with the intent of the Social Work 72 |
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| 110 | + | Licensure Interstate Compact, recordings, minutes, and records 73 |
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| 111 | + | generated during an exempt meeting or portion of such a meeting 74 |
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| 112 | + | are exempt from s. 119.07(1) and s. 24(a), Art. I o f the State 75 |
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125 | | - | officer announces in a public meeting that, in connection with 76 |
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126 | | - | the performance of the commission's duties, the commission must 77 |
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127 | | - | discuss certain sensitive and confidential subject matters. In 78 |
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128 | | - | the absence of a public meetings exemption, this state would be 79 |
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129 | | - | prohibited from becoming a member state of the compact. 80 |
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130 | | - | (3) The Legislature also finds that it is a public 81 |
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131 | | - | necessity that the recordings, minutes, and records generated 82 |
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132 | | - | during a meeting held as provided in s. 491.022, Florida 83 |
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133 | | - | Statutes, that is exempt from publ ic meetings requirements be 84 |
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134 | | - | made exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 85 |
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135 | | - | Article I of the State Constitution. Release of such information 86 |
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136 | | - | would negate the public meetings exemption. As such, the 87 |
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137 | | - | Legislature finds that the public records e xemption is a public 88 |
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138 | | - | necessity. 89 |
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139 | | - | Section 3. This act shall take effect on the same date 90 |
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140 | | - | that HB 27 or similar legislation takes effect , if such 91 |
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141 | | - | legislation is adopted in the same legislative session or an 92 |
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142 | | - | extension thereof and becomes a law. 93 |
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| 125 | + | Constitution. 76 |
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| 126 | + | (3) This section is subject to the Open Government Sunset 77 |
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| 127 | + | Review Act in accordance with s. 119.15 and shall stand repealed 78 |
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| 128 | + | on October 2, 2030, unless reviewed and saved from repeal 79 |
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| 129 | + | through reenactment by the Legislature. 80 |
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| 130 | + | Section 2. (1) The Legislature finds that it is a public 81 |
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| 131 | + | necessity that a social worker's personal identifying 82 |
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| 132 | + | information, other than the social worker's name, licensure 83 |
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| 133 | + | status, or licensure number, obtained from the data system, as 84 |
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| 134 | + | described in Article XI of s. 491.022, Florida Statutes, and 85 |
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| 135 | + | held by the Department of Health or the Board of Clinical Social 86 |
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| 136 | + | Work, Marriage and Family Therapy, and Mental Health Counseling 87 |
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| 137 | + | be made exempt from s. 119.07(1), Florida Statutes, and s. 88 |
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| 138 | + | 24(a), Article I of the State C onstitution. Protection of such 89 |
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| 139 | + | information is required under the Social Work Licensure 90 |
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| 140 | + | Interstate Compact, which a state must adopt in order to become 91 |
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| 141 | + | a member state of the compact. Without the public records 92 |
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| 142 | + | exemption, this state will be unable to effect ively implement 93 |
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| 143 | + | and administer the compact. 94 |
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| 144 | + | (2)(a) The Legislature finds that it is a public necessity 95 |
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| 145 | + | that any meeting of the Social Work Licensure Interstate Compact 96 |
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| 146 | + | Commission or the executive committee or other committee of the 97 |
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| 147 | + | commission held as pro vided in s. 491.022, Florida Statutes, in 98 |
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| 148 | + | which matters specifically exempted from disclosure by federal 99 |
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| 149 | + | or state law are discussed be made exempt from s. 286.011, 100 |
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| 150 | + | |
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| 151 | + | HB 29 2025 |
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| 154 | + | |
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| 155 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 156 | + | hb29-00 |
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| 157 | + | Page 5 of 5 |
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| 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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| 159 | + | |
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| 160 | + | |
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| 161 | + | |
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| 162 | + | Florida Statutes, and s. 24(b), Article I of the State 101 |
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| 163 | + | Constitution. 102 |
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| 164 | + | (b) The Social Work L icensure Interstate Compact requires 103 |
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| 165 | + | the closure of any meeting, or any portion of a meeting, of the 104 |
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| 166 | + | Social Work Licensure Interstate Compact Commission or the 105 |
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| 167 | + | executive committee or other committee of the commission if the 106 |
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| 168 | + | presiding officer announces in a public meeting that, in 107 |
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| 169 | + | connection with the performance of the commission's duties, the 108 |
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| 170 | + | commission must discuss certain sensitive and confidential 109 |
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| 171 | + | subject matters. In the absence of a public meetings exemption, 110 |
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| 172 | + | this state would be prohibited from becoming a member state of 111 |
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| 173 | + | the compact. 112 |
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| 174 | + | (3) The Legislature also finds that it is a public 113 |
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| 175 | + | necessity that the recordings, minutes, and records generated 114 |
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| 176 | + | during a meeting held as provided in s. 491.022, Florida 115 |
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| 177 | + | Statutes, that is exempt from public meetings requir ements be 116 |
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| 178 | + | made exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 117 |
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| 179 | + | Article I of the State Constitution. Release of such information 118 |
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| 180 | + | would negate the public meetings exemption. As such, the 119 |
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| 181 | + | Legislature finds that the public records exemption is a publ ic 120 |
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| 182 | + | necessity. 121 |
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| 183 | + | Section 3. This act shall take effect on the same date 122 |
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| 184 | + | that HB 27 or similar legislation takes effect , if such 123 |
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| 185 | + | legislation is adopted in the same legislative session or an 124 |
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| 186 | + | extension thereof and becomes a law. 125 |
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