Florida 2025 Regular Session

Florida House Bill H0029 Compare Versions

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1010 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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1414 A bill to be entitled 1
1515 An act relating to public records and meetings; 2
1616 creating s. 491.023, F.S.; providing an exemption from 3
1717 public records requirements for certain information 4
1818 held by the Department of Health or the Board of 5
1919 Clinical Social Work, Marriage and Family Therapy, and 6
2020 Mental Health Counseling pursuant to the Social Work 7
2121 Licensure Interstate Compact; authorizing the 8
2222 disclosure of such information under certain 9
2323 circumstances; providing an exemption from public 10
2424 meetings requirements for certain meetings or portions 11
2525 of certain meetings of the Social Work Licensure 12
26-Compact Commission or its executive committee or other 13
27-committees; providing an exemption from public records 14
28-requirements for recordings, minutes, and records 15
29-generated during the exempt meetings or portions of 16
30-such meetings; providing for future legislative review 17
31-and repeal of the exemptions; providing statements of 18
32-public necessity; providing a contingent effective 19
33-date. 20
26+Interstate Compact Commission or its executive 13
27+committee or other committees; providing an exemption 14
28+from public records requirements for recordings, 15
29+minutes, and records generated during the exempt 16
30+meetings or portions of such meetings; providing for 17
31+future legislative review and repeal of the 18
32+exemptions; providing statements of public necessity; 19
33+providing a contingen t effective date. 20
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3535 Be It Enacted by the Legislature of the State of Florida: 22
3636 23
3737 Section 1. Section 491.023, Florida Statutes, is created 24
3838 to read: 25
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4747 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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5151 491.023 Social Work Licensure Interstate Compact; public 26
5252 records and meetings exemptions. — 27
5353 (1) A social worker's personal identifying information, 28
5454 other than the social worker's name, licensure status, or 29
5555 licensure number, obtained from the data system, as described in 30
5656 Art. XI of s. 491.022, and held by the department or the board 31
5757 is exempt from s. 119.0 7(1) and s. 24(a), Art. I of the State 32
5858 Constitution unless the state that originally reported the 33
5959 information to the data system authorizes the disclosure of such 34
6060 information by law. If disclosure is so authorized, such 35
6161 information may be disclosed only to the extent authorized by 36
6262 the law of the reporting state. 37
6363 (2)(a) A meeting or a portion of a meeting of the Social 38
64-Work Licensure Compact Commission or the executive committee or 39
65-other committee of the commission, established in Article X of 40
66-s. 491.022, at which ma tters specifically exempted from 41
67-disclosure by federal or state law is exempt from s. 286.011 and 42
68-s. 24(b), Art. I of the State Constitution . 43
69- (b) Recordings, minutes, and records generated during an 44
70-exempt meeting or portion of such a meeting are exempt from s. 45
71-119.07(1) and s. 24(a), Art. I of the State Constitution. 46
72- (3) This section is subject to the Open Government Sunset 47
73-Review Act in accordance with s. 119.15 and shall stand repealed 48
74-on October 2, 2030, unless reviewed and saved from repeal 49
75-through reenactment by the Legislature. 50
64+Work Licensure Interstate Compact Commission or the executive 39
65+committee or other committee of the commission held as provided 40
66+in s. 491.022 is exempt from s. 286.011 and s. 24(b), Art. I of 41
67+the State Constitution if the commission or committee needs to 42
68+receive legal advice or discuss any of the following: 43
69+ 1. Noncompliance of a member state with its obligations 44
70+under the compact. 45
71+ 2. The employment, compensation, discipline of, or other 46
72+matters, practices, or procedures related to specific employees. 47
73+ 3. Current or threatened discipline of a licensee by the 48
74+commission or by a member state's licensing authority. 49
75+ 4. Current, threatened, or reasonably anticipated 50
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8484 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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88- Section 2. (1) The Legislature finds that it is a public 51
89-necessity that a social worker's personal identifying 52
90-information, other than the social worker's name, licensure 53
91-status, or licensure number, obtained from the data system, as 54
92-described in Article XI of s. 491.022, Florida Statutes, and 55
93-held by the Department of Health or the Board of Clinical Social 56
94-Work, Marriage and Family Therapy, and Mental Health Counseling 57
95-be made exempt from s. 119.07(1), Florida Statutes , and s. 58
96-24(a), Article I of the State Constitution. Protection of such 59
97-information is required under the Social Work Licensure 60
98-Interstate Compact, which a state must adopt in order to become 61
99-a member state of the compact. Without the public records 62
100-exemption, this state will be unable to effectively implement 63
101-and administer the compact. 64
102- (2)(a) The Legislature finds that it is a public necessity 65
103-that any meeting of the Social Work Licensure Compact Commission 66
104-or the executive committee or other committee of the commission 67
105-held as provided in s. 491.022, Florida Statutes, in which 68
106-matters specifically exempted from disclosure by federal or 69
107-state law are discussed be made exempt from s. 286.011, Florida 70
108-Statutes, and s. 24(b), Article I of the State Constitu tion. 71
109- (b) The Social Work Licensure Interstate Compact requires 72
110-the closure of any meeting, or any portion of a meeting, of the 73
111-Social Work Licensure Compact Commission or the executive 74
112-committee or other committee of the commission if the presiding 75
88+litigation. 51
89+ 5. Negotiation of contracts for the purchase, lease, or 52
90+sale of goods, services, or real estate. 53
91+ 6. Accusing any person of a crime or formally censuring 54
92+any person. 55
93+ 7. Trade secrets or commercial or financial inform ation 56
94+that is privileged or confidential. 57
95+ 8. Information of a personal nature when disclosure would 58
96+constitute a clearly unwarranted invasion of personal privacy. 59
97+ 9. Investigative records compiled for law enforcement 60
98+purposes. 61
99+ 10. Information related to any investigative reports 62
100+prepared by, or on behalf of or for the use of, the commission 63
101+or other committee charged with responsibility of investigation 64
102+or determination of compliance issues pursuant to the compact. 65
103+ 11. Matters specifically exempted from disclosure by 66
104+federal or member state law. 67
105+ 12. Other matters as adopted by commission rule. 68
106+ (b) The presiding officer of the meeting shall state that 69
107+the meeting will be closed and reference each relevant exempting 70
108+provision, which must be recorde d in the meeting minutes. 71
109+ (c) In keeping with the intent of the Social Work 72
110+Licensure Interstate Compact, recordings, minutes, and records 73
111+generated during an exempt meeting or portion of such a meeting 74
112+are exempt from s. 119.07(1) and s. 24(a), Art. I o f the State 75
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121121 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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125-officer announces in a public meeting that, in connection with 76
126-the performance of the commission's duties, the commission must 77
127-discuss certain sensitive and confidential subject matters. In 78
128-the absence of a public meetings exemption, this state would be 79
129-prohibited from becoming a member state of the compact. 80
130- (3) The Legislature also finds that it is a public 81
131-necessity that the recordings, minutes, and records generated 82
132-during a meeting held as provided in s. 491.022, Florida 83
133-Statutes, that is exempt from publ ic meetings requirements be 84
134-made exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 85
135-Article I of the State Constitution. Release of such information 86
136-would negate the public meetings exemption. As such, the 87
137-Legislature finds that the public records e xemption is a public 88
138-necessity. 89
139- Section 3. This act shall take effect on the same date 90
140-that HB 27 or similar legislation takes effect , if such 91
141-legislation is adopted in the same legislative session or an 92
142-extension thereof and becomes a law. 93
125+Constitution. 76
126+ (3) This section is subject to the Open Government Sunset 77
127+Review Act in accordance with s. 119.15 and shall stand repealed 78
128+on October 2, 2030, unless reviewed and saved from repeal 79
129+through reenactment by the Legislature. 80
130+ Section 2. (1) The Legislature finds that it is a public 81
131+necessity that a social worker's personal identifying 82
132+information, other than the social worker's name, licensure 83
133+status, or licensure number, obtained from the data system, as 84
134+described in Article XI of s. 491.022, Florida Statutes, and 85
135+held by the Department of Health or the Board of Clinical Social 86
136+Work, Marriage and Family Therapy, and Mental Health Counseling 87
137+be made exempt from s. 119.07(1), Florida Statutes, and s. 88
138+24(a), Article I of the State C onstitution. Protection of such 89
139+information is required under the Social Work Licensure 90
140+Interstate Compact, which a state must adopt in order to become 91
141+a member state of the compact. Without the public records 92
142+exemption, this state will be unable to effect ively implement 93
143+and administer the compact. 94
144+ (2)(a) The Legislature finds that it is a public necessity 95
145+that any meeting of the Social Work Licensure Interstate Compact 96
146+Commission or the executive committee or other committee of the 97
147+commission held as pro vided in s. 491.022, Florida Statutes, in 98
148+which matters specifically exempted from disclosure by federal 99
149+or state law are discussed be made exempt from s. 286.011, 100
150+
151+HB 29 2025
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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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162+Florida Statutes, and s. 24(b), Article I of the State 101
163+Constitution. 102
164+ (b) The Social Work L icensure Interstate Compact requires 103
165+the closure of any meeting, or any portion of a meeting, of the 104
166+Social Work Licensure Interstate Compact Commission or the 105
167+executive committee or other committee of the commission if the 106
168+presiding officer announces in a public meeting that, in 107
169+connection with the performance of the commission's duties, the 108
170+commission must discuss certain sensitive and confidential 109
171+subject matters. In the absence of a public meetings exemption, 110
172+this state would be prohibited from becoming a member state of 111
173+the compact. 112
174+ (3) The Legislature also finds that it is a public 113
175+necessity that the recordings, minutes, and records generated 114
176+during a meeting held as provided in s. 491.022, Florida 115
177+Statutes, that is exempt from public meetings requir ements be 116
178+made exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 117
179+Article I of the State Constitution. Release of such information 118
180+would negate the public meetings exemption. As such, the 119
181+Legislature finds that the public records exemption is a publ ic 120
182+necessity. 121
183+ Section 3. This act shall take effect on the same date 122
184+that HB 27 or similar legislation takes effect , if such 123
185+legislation is adopted in the same legislative session or an 124
186+extension thereof and becomes a law. 125