Florida 2025 Regular Session

Florida House Bill H0029 Latest Draft

Bill / Comm Sub Version Filed 02/13/2025

                               
 
CS/HB 29  	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb29-01-c1 
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A bill to be entitled 1 
An act relating to public records and meetings; 2 
creating s. 491.023, 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 
Clinical Social Work, Marriage and Family Therapy, and 6 
Mental Health Counseling pursuant to the Social Work 7 
Licensure Interstate Compact; authorizing the 8 
disclosure of such information under certain 9 
circumstances; providing an exemption from public 10 
meetings requirements for certain meetings or portions 11 
of certain meetings of the Social Work Licensure 12 
Compact Commission or its executive committee or other 13 
committees; providing an exemption from public records 14 
requirements for recordings, minutes, and records 15 
generated during the exempt meetings or portions of 16 
such meetings; providing for future legislative review 17 
and repeal of the exemptions; providing statements of 18 
public necessity; providing a contingent effective 19 
date. 20 
 21 
Be It Enacted by the Legislature of the State of Florida: 22 
 23 
 Section 1.  Section 491.023, Florida Statutes, is created 24 
to read: 25     
 
CS/HB 29  	2025 
 
 
 
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 491.023  Social Work Licensure Interstate Compact; public 26 
records and meetings exemptions. — 27 
 (1)  A social worker' s personal identifying information, 28 
other than the social worker's name, licensure status, or 29 
licensure number, obtained from the data system, as described in 30 
Art. XI of s. 491.022, and held by the department or the board 31 
is exempt from s. 119.07(1) and s. 24(a), Art. I of the State 32 
Constitution unless the state that originally reported the 33 
information to the data system authorizes the disclosure of such 34 
information by law. If disclosure is so authorized, such 35 
information may be disclosed only to the extent authorized by 36 
the law of the reporting state. 37 
 (2)(a)  A meeting or a portion of a meeting of the Social 38 
Work Licensure Compact Commission or the executive committee or 39 
other committee of the commission, established in Article X of 40 
s. 491.022, at which ma tters specifically exempted from 41 
disclosure by federal or state law is exempt from s. 286.011 and 42 
s. 24(b), Art. I of the State Constitution . 43 
 (b)  Recordings, minutes, and records generated during an 44 
exempt meeting or portion of such a meeting are exempt from s. 45 
119.07(1) and s. 24(a), Art. I of the State Constitution. 46 
 (3)  This section is subject to the Open Government Sunset 47 
Review Act in accordance with s. 119.15 and shall stand repealed 48 
on October 2, 2030, unless reviewed and saved from repeal 49 
through reenactment by the Legislature. 50     
 
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 Section 2.  (1)  The Legislature finds that it is a public 51 
necessity that a social worker's personal identifying 52 
information, other than the social worker's name, licensure 53 
status, or licensure number, obtained from the data system, as 54 
described in Article XI of s. 491.022, Florida Statutes, and 55 
held by the Department of Health or the Board of Clinical Social 56 
Work, Marriage and Family Therapy, and Mental Health Counseling 57 
be made exempt from s. 119.07(1), Florida Statutes , and s. 58 
24(a), Article I of the State Constitution. Protection of such 59 
information is required under the Social Work Licensure 60 
Interstate Compact, which a state must adopt in order to become 61 
a member state of the compact. Without the public records 62 
exemption, this state will be unable to effectively implement 63 
and administer the compact. 64 
 (2)(a)  The Legislature finds that it is a public necessity 65 
that any meeting of the Social Work Licensure Compact Commission 66 
or the executive committee or other committee of the commission 67 
held as provided in s. 491.022, Florida Statutes, in which 68 
matters specifically exempted from disclosure by federal or 69 
state law are discussed be made exempt from s. 286.011, Florida 70 
Statutes, and s. 24(b), Article I of the State Constitu tion. 71 
 (b)  The Social Work Licensure Interstate Compact requires 72 
the closure of any meeting, or any portion of a meeting, of the 73 
Social Work Licensure Compact Commission or the executive 74 
committee or other committee of the commission if the presiding 75     
 
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officer announces in a public meeting that, in connection with 76 
the performance of the commission's duties, the commission must 77 
discuss certain sensitive and confidential subject matters. In 78 
the absence of a public meetings exemption, this state would be 79 
prohibited from becoming a member state of the compact. 80 
 (3)  The Legislature also finds that it is a public 81 
necessity that the recordings, minutes, and records generated 82 
during a meeting held as provided in s. 491.022, Florida 83 
Statutes, that is exempt from publ ic meetings requirements be 84 
made exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 85 
Article I of the State Constitution. Release of such information 86 
would negate the public meetings exemption. As such, the 87 
Legislature finds that the public records e xemption is a public 88 
necessity. 89 
 Section 3.  This act shall take effect on the same date 90 
that HB 27 or similar legislation takes effect , if such 91 
legislation is adopted in the same legislative session or an 92 
extension thereof and becomes a law. 93