FL
Florida House Bill H0911

Florida 2025 Regular Session

Florida House Bill H0911 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. 468.227, F.S.; providing an exemption from 3
1717 public records requirements for certain information 4
18-held by the Occupational Therapy Compact Commission; 5
18+held by the Occupational Therapy Compact Commission 5
1919 authorizing disclosure of the information under 6
2020 certain circumstances; providing an exemption from 7
2121 public meetings requirements for certain meetings, or 8
2222 portions of meetings, of the Occupational Therapy 9
23-Compact Commission; providing an exemption from public 10
23+Compact Commission, providing an exemption from public 10
2424 records requirements for recordings, minutes, and 11
2525 records generated during the exempt meetings or exempt 12
2626 portions of meetings; providing for future legislative 13
2727 review and repeal of the exemptions; providing 14
2828 statements of public necessity; providing a contingent 15
2929 effective date. 16
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3131 Be It Enacted by the Legislature of the State of Florida: 18
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3333 Section 1. Section 468.227, Florida Statutes, is created 20
3434 to read: 21
3535 468.227 Occupational Therapy Compact Commission; public 22
3636 records and meetings exemptions. — 23
3737 (1) An occupational therapist's or occupational therapy 24
3838 assistant's personal identifying information, other than the 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 person's name, licensure status, or licensure number, obtained 26
5252 from the coordinated database and reporting system described in 27
53-Article IX of s. 468.226 and held by the department or the board 28
54-is exempt from s. 119.07(1) and s. 24(a), Art. I of the State 29
55-Constitution unless the state that originally reported the 30
53+Article VIII of s. 468.226 and held by the department or the 28
54+board is exempt from s. 119.07(1) and s. 24(a), Art. I of the 29
55+State Constitution unless the state that originally reported the 30
5656 information to the coordinated databa se and reporting system 31
5757 authorizes the disclosure of such information by law. If 32
5858 disclosure is so authorized, information may be disclosed only 33
5959 to the extent authorized by law by the reporting state. 34
6060 (2)(a) A meeting or a portion of a meeting of the 35
61-Occupational Therapy Compact Commission, the executive 36
62-committee, or any other committee of the commission established 37
63-in Article VIII of s. 468.226 at which matters specifically 38
64-exempted from disclosure by federal or state law are discussed 39
65-is exempt from s. 286.011 and s. 24(b), Art. I of the State 40
66-Constitution. 41
67- (b) Recordings, minutes, and records generated during an 42
68-exempt meeting or an exempt portion of a meeting are exempt from 43
69-s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 44
70- (3) This section is subject to the Open Government Sunset 45
71-Review Act in accordance with s. 119.15 and shall stand repealed 46
72-on October 2, 2030, unless reviewed and saved from repeal 47
73-through reenactment by the Legislature. 48
74- Section 2. (1) The Legislature finds that it is a public 49
75-necessity that any occupational therapist's or occupational 50
61+Occupational Therapy Compact Commission, the executive board, or 36
62+any other committee of the commission established in Article VII 37
63+of s. 468.226 at which matters concerning any of the following 38
64+are discussed is exempt from s. 286.011 and s. 24(b), Art. I of 39
65+the State Constitution: 40
66+ 1. Noncompliance of a member state with its obligations 41
67+under the compact. 42
68+ 2. The employment, compensation, or discipline of, or 43
69+other matters, practices, or procedures related to, specific 44
70+employees or other matters related to the commission's internal 45
71+personnel practices and procedures. 46
72+ 3. Current, threatened, or reasonably anticipated 47
73+litigation against the commission, executive board, or other 48
74+committees of the commission. 49
75+ 4. Negotiation of contracts for the purchase, lease, or 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-therapy assistant's personal identifying information, other than 51
89-the person's name, licensure status, or licensure number, 52
90-obtained from the coordinated database and reporting systems 53
91-described in s. 468.226, Florida Statutes, and held by the Board 54
92-of Occupational Therapy Practice, as applicable, be made exempt 55
93-from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of 56
94-the State Constitution. Protection of such information is 57
95-required under the Occupational Therapist Licensure Compact and 58
96-must be adopted by the Legislature in order for this state to 59
97-become a member state of the compact. Without the public records 60
98-exemption, this state would be unable to effectively and 61
99-efficiently implement and administer the compact. 62
100- (2)(a) The Legislature finds that it is a public necessity 63
101-that any meeting or portion of a meeting of the Occupational 64
102-Therapy Compact Commission or the executive committee or other 65
103-committee of the commission held as provided in s. 468.226, 66
104-Florida Statutes, in which matters specifically exempted from 67
105-disclosure by federal or state law are discussed be made exempt 68
106-from s. 286.011, Florida Statutes, and s. 24(b), Article I of 69
107-the State Constitution. 70
108- (b) The Occupational Therapy Licensure Compact requires 71
109-that any meeting or portion of a meeting of the Occupational 72
110-Therapy Compact Commission or the executive committee or other 73
111-committee of the commission in which the commission must discuss 74
112-certain sensitive and conf idential subject matters be closed to 75
88+sale of goods, services, or real estate. 51
89+ 5. An accusation of any person of a crime or a formal 52
90+censure of any person. 53
91+ 6. Information disclosing trade secrets or commercial or 54
92+financial information that is privileged or confidential. 55
93+ 7. Information of a personal nature where disclosure would 56
94+constitute a clearly unwarranted invasion of personal privacy. 57
95+ 8. Investigatory records compiled for law enforcement 58
96+purposes. 59
97+ 9. Information related to any investigative reports 60
98+prepared by or on behalf of or for use of the commission or 61
99+other committee charged with responsibility for investigation or 62
100+determination of compliance issues pursuant to the compact. 63
101+ 10. Matters specifically exempted from disclosure by 64
102+federal or member state statute. 65
103+ (b) Recordings, minutes, and records generated during an 66
104+exempt meeting, or an exempt portion of a meeting are exempt 67
105+from s. 119.07(1) and s. 24(a), Art. I of the State 68
106+Constitution. 69
107+ (3) This section is subject to the Open Government Sunset 70
108+Review Act in accordance with s. 119.15 and shall stand repealed 71
109+on October 2, 2029, unless reviewed and saved from repeal 72
110+through reenactment by the Legislature. 73
111+ Section 2. (1) The Legislature finds that it is a public 74
112+necessity that any occupational therapist's or occ upational 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-the public. In the absence of a public meetings exemption, the 76
126-state would be prohibited from becoming a member state of the 77
127-compact and, thus, prohibited from effectively and efficiently 78
128-administering the compact. 79
129- (3) The Legislature also finds that it is a public 80
130-necessity that the recordings, minutes, and records generated 81
131-during a meeting or a portion of a meeting exempt pursuant to s. 82
132-468.226, Florida Statutes, be made exempt from s. 119.07(1), 83
133-Florida Statutes, and s. 24(a), Article I of the State 84
134-Constitution. Release of such information would negate the 85
135-public meetings exemption. As such, the Legislature finds that 86
136-the public records exemption is a public necessity. 87
137- Section 3. This act shall take effect on the same date 88
138-that HB 909 or similar legislation takes effect , if such 89
139-legislation is adopted in the same legislative session or an 90
140-extension thereof and becomes a law. 91
125+therapist assistant's personal identifying information, other 76
126+than the person's name, licensure status, or licensure number, 77
127+obtained from the coordinated database and reporting systems 78
128+described in s. 468.226, Florida Statutes, and held by the B oard 79
129+of Occupational Therapy Practice, as applicable, be made exempt 80
130+from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of 81
131+the State Constitution. Protection of such information is 82
132+required under the Occupational Therapist Licensure Compact and 83
133+must be adopted by the Legislature in order for this state to 84
134+become a member state of the respective compacts. Without the 85
135+public records exemption, this state would be unable to 86
136+effectively and efficiently implement and administer the 87
137+respective compacts. 88
138+ (2)(a) The Legislature finds that it is a public necessity 89
139+that any meeting or portion of a meeting of the Occupational 90
140+Therapy Compact Commission held as provided in s. 468.226, 91
141+Florida Statutes, in which matters specifically exempted from 92
142+disclosure by federal or state law are discussed be made exempt 93
143+from s. 286.011, Florida Statutes, and s. 24(b), Article I of 94
144+the State Constitution. 95
145+ (b) The Occupational Therapy Licensure Compact requires 96
146+that any meeting or portion of a meeting of the Occupational 97
147+Therapy Compact Commission, respectively, in which the substance 98
148+of paragraph (a) is discussed be closed to the public. In the 99
149+absence of a public meetings exemption, the state would be 100
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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+prohibited from becoming a member state of the respective 101
163+compact and, thus, prohibited from effectively and efficiently 102
164+administering the compact. 103
165+ (3) The Legislature also finds that it is a public 104
166+necessity that the recordings, minutes, and records generated 105
167+during a meeting or a portion of a meeting exempt pursuant to s. 106
168+468.226, Florida Statutes, be made exempt from s. 119.07(1), 107
169+Florida Statutes, and s. 24(a), Article I of the State 108
170+Constitution. Release of such information would negate the 109
171+public meetings exemption. As such, the Legislature finds that 110
172+the public records exemption is a public necessity. 111
173+ Section 3. This act shall take effect on the same date 112
174+that HB 909 or similar legislation takes effect , if such 113
175+legislation is adopted in the same legislative session or an 114
176+extension thereof and becomes a law. 115