SESSION WATCH
THE BILL ITSELF

CS/HB 695

Pub. Rec./Health Care

VERSION H 695 c1 · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

1 A bill to be entitled
2 An act relating to public records and meetings;
3 creating ss. 401.4661, 456.661, and 491.023, F.S.;
4 providing exemptions from public meetings requirements
5 for certain portions of meetings of the Interstate
6 Commission for EMS Personnel Practice, the Physician
7 Assistant Licensure Compact Commission, and the Social
8 Work Licensure Compact Commission, respectively;
9 providing an exemption from public records
10 requirements for recordings, minutes, and records
11 generated during exempt portions of such meetings;
12 providing for future legislative review and repeal of
13 the exemptions; providing a statement of public
14 necessity; providing a contingent effective date.
16 Be It Enacted by the Legislature of the State of Florida:
18 Section 1. Section 401.4661, Florida Statutes, is created
19 to read:
20 401.4661 The Interstate Commission for EMS Personnel
21 Practice; public meetings and public records exemptions.—
22 (1) An emergency medical services personnel's personal
23 identifying information, other than his or her name, licensure
24 status, or licensure number, obtained from the coordinated
25 database described in Article XI of s. 401.466 and held by the
26 department or the board is exempt from s. 119.07(1) and s.
27 24(a), Art. I of the State Constitution unless the state that
28 originally reported the information to the data system
29 authorizes the disclosure of such information by law. If
30 disclosure is so authorized, such information may be disclosed
31 only to the extent authorized by law of the reporting state.
32 (2)(a) Any meeting or a portion of a meeting of the
33 Interstate Commission for EMS Personnel Practice, the executive
34 committee, or other committee of the commission established in
35 Article X of s. 401.466, at which matters specifically exempted
36 from disclosure by federal or state law are discussed is exempt
37 from s. 286.011 and s. 24(b), Art. I of the State Constitution.
38 (b) Recordings, minutes, and records generated during an
39 exempt meeting or portion of such a meeting are exempt from s.
40 119.07(1) and s. 24(a), Art. I of the State Constitution
41 (3) This section is subject to the Open Government Sunset
42 Review Act in accordance with s. 119.15 and shall stand repealed
43 on October 2, 2031, unless reviewed and saved from repeal
44 through reenactment by the Legislature.
45 Section 2. Section 456.661, Florida Statutes, is created
46 to read:
47 456.661 Physician Assistant Licensure Compact Commission;
48 public meetings and public records exemptions.—
49 (1) A physician assistant's personal identifying
50 information, other than his or her name, licensure status, or
51 licensure number, obtained from the data system described in
52 Article VIII of s. 456.66, and held by the department or the
53 board, is exempt from s. 119.07(1) and s. 24(a), Art. I of the
54 State Constitution unless the state that originally reported the
55 information to the data system authorizes the disclosure of such
56 information by law. If disclosure is so authorized, such
57 information may be disclosed only to the extent authorized by
58 law of the reporting state.
59 (2)(a) Any meeting or a portion of a meeting of the
60 Physician Assistant Licensure Compact Commission, the executive
61 committee, or other committee of the commission established in
62 Article VII of s. 456.66, at which matters specifically exempted
63 from disclosure by federal or state law are discussed is exempt
64 from s. 286.011 and s. 24(b), Art. I of the State Constitution.
65 (b) Recordings, minutes, and records generated during an
66 exempt meeting or exempt portion of such a meeting are exempt
67 from s. 119.07(1) and s. 24(a), Art. I of the State
68 Constitution.
69 (3) This section is subject to the Open Government Sunset
70 Review Act in accordance with s. 119.15 and shall stand repealed
71 on October 2, 2031, unless reviewed and saved from repeal
72 through reenactment by the Legislature.
73 Section 3. Section 491.023, Florida Statutes, is created
74 to read:
75 491.023 Social Work Licensure Interstate Compact; public
76 records and meetings exemptions.—
77 (1) A social worker's personal identifying information,
78 other than the social worker's name, licensure status, or
79 licensure number, obtained from the data system, as described in
80 Art. XI of s. 491.022, and held by the department or the board
81 is exempt from s. 119.07(1) and s. 24(a), Art. I of the State
82 Constitution unless the state that originally reported the
83 information to the data system authorizes the disclosure of such
84 information by law. If disclosure is so authorized, such
85 information may be disclosed only to the extent authorized by
86 the law of the reporting state.
87 (2)(a) A meeting or a portion of a meeting of the Social
88 Work Licensure Compact Commission or the executive committee or
89 other committee of the commission, established in Article X of
90 s. 491.022, at which matters specifically exempted from
91 disclosure by federal or state law is exempt from s. 286.011 and
92 s. 24(b), Art. I of the State Constitution.
93 (b) Recordings, minutes, and records generated during an
94 exempt meeting or portion of such a meeting are exempt from s.
95 119.07(1) and s. 24(a), Art. I of the State Constitution.
96 (3) This section is subject to the Open Government Sunset
97 Review Act in accordance with s. 119.15 and shall stand repealed
98 on October 2, 2031, unless reviewed and saved from repeal
99 through reenactment by the Legislature.
100 Section 4. (1) The Legislature finds that it is a public
101 necessity that an emergency medical technician's, a paramedic's,
102 a physician assistant's, and a social worker's personal
103 identifying information, other than his or her name, licensure
104 status, or licensure number obtained from the coordinated
105 database and the data system, as described in Article XI of s.
106 401.466, Article VIII of s. 456.66, and Article XI of s.
107 491.022, Florida Statutes, respectively, and held by the
108 Department of Health, the Board of Medicine, the Board of
109 Osteopathic Medicine, or the Board of Clinical Social Work,
110 Marriage and Family Therapy, and Mental Health Counseling be
111 made exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
112 Article I of the State Constitution. Protection of such
113 information is required under the Emergency Medical Services
114 Personnel Licensure Interstate Compact, the Physician Assistant
115 Licensure Compact, and the Social Work Licensure Interstate
116 Compact. Without the public records exemption, this state will
117 be unable to effectively implement and administer the compact.
118 (2)(a) The Legislature further finds that it is a public
119 necessity that any meeting of the Interstate Commission for EMS
120 Personnel Practice, the Physician Assistant Licensure Compact
121 Commission, or the Social Work Licensure Compact Commission, or
122 the executive committee or other committee of such commissions,
123 held as provided in s. 401.466, s. 456.66, or s. 491.022,
124 Florida Statutes, respectively, in which matters specifically
125 exempted from disclosure by federal or state law are discussed
126 be made exempt from s. 286.011, Florida Statutes, and s. 24(b),
127 Article I of the State Constitution.
128 (b) The Interstate Commission for EMS Personnel Practice,
129 the Physician Assistant Licensure Compact Commission, and the
130 Social Work Licensure Interstate Compact require the closure of
131 any meeting, or portion of a meeting, held by the Interstate
132 Commission for EMS Personnel Practice, the Physician Assistant
133 Licensure Compact Commission, and the Social Work Licensure
134 Interstate Compact Commission, or the executive committee or
135 other committee of such commissions, if the presiding officer
136 announces in a public meeting that, in connection with the
137 performance of the commission's duties, the commission must
138 discuss certain sensitive and confidential subject matters. In
139 the absence of a public meetings exemption, this state would be
140 prohibited from becoming a member state of the compact.
141 (3) The Legislature further finds that it is a public
142 necessity that the recordings, minutes, and records generated
143 during a meeting held as provided in s. 401.466, s. 456.66, or
144 s. 491.022, Florida Statutes, which are exempt from public
145 meetings requirements, be made exempt from s. 119.07(1), Florida
146 Statutes, and s. 24(a), Article I of the State Constitution.
147 Release of such information would negate the public meetings
148 exemption. As such, the Legislature finds that the public
149 records exemption is a public necessity.
150 Section 5. This act shall take effect on the same date
151 that HB 693 or similar legislation takes effect, if such
152 legislation is adopted in the same legislative session or an
153 extension thereof and becomes law.