Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 7080
       
       
       
       
       
       
                                Ì114866FÎ114866                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/02/2019           .                                
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       The Committee on Governmental Oversight and Accountability
       (Harrell) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 456.4502, Florida Statutes, is created
    6  to read:
    7         456.4502 Interstate Medical Licensure Compact; public
    8  records and meetings exemptions.—
    9         (1) A physician’s personal identifying information, other
   10  than the physician’s name, licensure status, or licensure
   11  number, obtained from the coordinated information system in
   12  Section 8 of the Interstate Medical Licensure Compact and held
   13  by the department or the board is exempt from s. 119.07(1) and
   14  s. 24(a), Art. I of the State Constitution, unless the state
   15  that originally reported the information to the coordinated
   16  information system authorizes the disclosure of such information
   17  by law. If disclosure is so authorized, information may be
   18  disclosed only to the extent authorized by law by the reporting
   19  state.
   20         (2)(a) Under Section 11 of the Interstate Medical Licensure
   21  Compact, a meeting or a portion of a meeting of the Interstate
   22  Medical Licensure Compact Commission established may be closed
   23  if it has been determined by a two-thirds vote of commissioners
   24  who are present that an open meeting would likely:
   25         1. Relate solely to the internal personnel practices and
   26  procedures of the commission;
   27         2. Discuss matters specifically exempted from disclosure by
   28  federal statute;
   29         3. Discuss trade secrets or commercial or financial
   30  information that is privileged or confidential;
   31         4. Involve accusing a person of a crime, or formally
   32  censuring a person;
   33         5. Discuss information of a personal nature, if disclosure
   34  would constitute a clearly unwarranted invasion of personal
   35  privacy;
   36         6. Discuss investigative records compiled for law
   37  enforcement purposes; or
   38         7. Relate specifically to participation in a civil action
   39  or another legal proceeding.
   40         (b) In keeping with the intent of the Interstate Medical
   41  Licensure Compact, recordings, minutes, and records generated
   42  during an exempt proceeding are exempt in accordance with s.
   43  119.07(1) and s. 24(a), Art. I of the State Constitution.
   44         (3) This section is subject to the Open Government Sunset
   45  Review Act in accordance with s. 119.15 and shall stand repealed
   46  on October 2, 2024, unless reviewed and saved from repeal
   47  through reenactment by the Legislature.
   48         Section 2. (1) The Legislature finds that it is a public
   49  necessity that a physician’s personal identifying information,
   50  other than the physician’s name, licensure status, or licensure
   51  number, obtained from the coordinated information system, as
   52  defined in Section 5 of the Interstate Medical Licensure
   53  Compact, as enacted in this state by s. 456.4501, Florida
   54  Statutes, and held by the Department of Health and the
   55  regulatory boards of the respective professions be exempt from
   56  s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
   57  State Constitution. Protection of such personal identifying
   58  information is required under the Interstate Medical Licensure
   59  Compact, which this state must adopt in order to become a member
   60  state and a party to the compact. Without the public records
   61  agreement, this state will be unable to effectively and
   62  efficiently implement and administer the Interstate Medical
   63  Licensure Compact.
   64         (2)(a) The Legislature finds that it is a public necessity
   65  that any meeting of the Interstate Medical Licensure Compact
   66  Commission held as provided in that section in which matters
   67  specifically exempted from disclosure by federal or state law
   68  are discussed be made exempt from s. 286.011, Florida Statutes,
   69  and s. 24(b), Article I of the State Constitution.
   70         (b) The Interstate Medical Licensure Compact requires the
   71  closure of any meeting, or any portion of a meeting, of the
   72  Interstate Medical Licensure Compact Commission if two-thirds of
   73  the Commission members determine that certain sensitive and
   74  confidential subject matters may arise during the meeting and
   75  that the meeting should be closed to the public. In the absence
   76  of a public meeting exemption, this state would be prohibited
   77  from becoming a member state of the compact.
   78         (3) The Legislature also finds that it is a public
   79  necessity that the recordings, minutes, and records generated
   80  during a meeting are exempt pursuant to s. 456.4502, Florida
   81  Statutes, and s. 24, Article I of the State Constitution.
   82  Release of such information would negate the value of the public
   83  meeting exemption. As such, the Legislature finds that the
   84  public records exemption is a public necessity.
   85         Section 3. This act shall take effect on the same date that
   86  SB 7078 or similar legislation takes effect, if such legislation
   87  is adopted in the same legislative session or an extension
   88  thereof and becomes a law.
   89  
   90  ================= T I T L E  A M E N D M E N T ================
   91  And the title is amended as follows:
   92         Delete everything before the enacting clause
   93  and insert:
   94                        A bill to be entitled                      
   95         An act relating to public records and meetings;
   96         creating s. 456.4502, F.S.; providing an exemption
   97         from public records requirements for certain
   98         information held by the Department of Health, the
   99         Board of Medicine, or the Board of Osteopathic
  100         Medicine pursuant to the Interstate Medical Licensure
  101         Compact; providing an exemption from public meeting
  102         requirements for certain meetings of the Interstate
  103         Medical Licensure Commission; providing an exemption
  104         from public records requirements for recordings,
  105         minutes, and records generated during the closed
  106         portions of such meetings; providing for future
  107         legislative review and repeal of the exemptions;
  108         providing a statement of public necessity; providing a
  109         contingent effective date.