Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 1306
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/16/2016 .
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The Committee on Health Policy (Grimsley) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 464.0096, Florida Statutes, is created
6 to read:
7 464.0096 Nurse Licensure Compact; public records and
8 meetings exemptions.—
9 (1) A nurse’s personal identifying information, other than
10 the nurse’s name, licensure status, or licensure number,
11 obtained from the coordinated licensure information system, as
12 defined in s. 464.0095, and held by the department or the board
13 is exempt from s. 119.07(1) and s. 24(a), Art. I of the State
14 Constitution unless the state that originally reported the
15 information to the coordinated licensure information system
16 authorizes the disclosure of such information by law. Under such
17 circumstances, the information may only be disclosed to the
18 extent permitted by the reporting state’s law.
19 (2)(a) A meeting or portion of a meeting of the Interstate
20 Commission of Nurse Licensure Compact Administrators established
21 under s. 464.0095 at which matters specifically exempted from
22 disclosure by federal or state statute are discussed is exempt
23 from s. 286.011 and s. 24(b), Art. I of the State Constitution.
24 (b) Recordings, minutes, and records generated during an
25 exempt meeting are exempt from s. 119.07(1) and s. 24(a), Art. I
26 of the State Constitution.
27 (3) This section is subject to the Open Government Sunset
28 Review Act in accordance with s. 119.15 and shall stand repealed
29 on October 2, 2021, unless reviewed and saved from repeal
30 through reenactment by the Legislature.
31 Section 2. (1) The Legislature finds that it is a public
32 necessity that a nurse’s personal identifying information, other
33 than the nurse’s name, licensure status, or licensure number,
34 obtained from the coordinated licensure information system, as
35 defined in s. 464.0095, Florida Statutes, and held by the
36 Department of Health or the Board of Nursing be made exempt from
37 s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
38 State Constitution. Protection of such information is required
39 under the Nurse Licensure Compact, which the state must adopt in
40 order to become a party state to the compact. Without the public
41 records exemption, this state will be unable to effectively and
42 efficiently implement and administer the compact.
43 (2)(a) The Legislature finds that it is a public necessity
44 that any meeting or portion of a meeting of the Interstate
45 Commission of Nurse Licensure Compact Administrators established
46 under s. 464.0095, Florida Statutes, at which matters
47 specifically exempted from disclosure by federal or state
48 statute are discussed be made exempt from s. 286.011, Florida
49 Statutes, and s. 24(b), Article I of the State Constitution.
50 (b) The Nurse Licensure Compact requires any meeting or
51 portion of a meeting in which the substance of paragraph (a) is
52 discussed to be closed to the public. Without the public meeting
53 exemption, this state will be prohibited from becoming a party
54 state to the compact. Thus, this state will be unable to
55 effectively and efficiently administer the compact.
56 (3) The Legislature also finds that it is a public
57 necessity that the recordings, minutes, and records generated
58 during a meeting that is exempt pursuant to s. 464.0096, Florida
59 Statutes, be made exempt from s. 119.07(1), Florida Statutes,
60 and s. 24(a), Article I of the State Constitution. Release of
61 such information would negate the public meeting exemption. As
62 such, the Legislature finds that the public records exemption is
63 a public necessity.
64 Section 3. This act shall take effect on the same date that
65 SB 1316 or similar legislation takes effect, if such legislation
66 is adopted in the same legislative session or an extension
67 thereof and becomes law.
68
69 ================= T I T L E A M E N D M E N T ================
70 And the title is amended as follows:
71 Delete everything before the enacting clause
72 and insert:
73 A bill to be entitled
74 An act relating to public records and meetings;
75 creating s. 464.0096, F.S.; providing an exemption
76 from public records requirements for certain
77 information held by the Department of Health or the
78 Board of Nursing pursuant to the Nurse Licensure
79 Compact; authorizing disclosure of the information
80 under certain circumstances; providing an exemption
81 from public meeting requirements for certain meetings
82 of the Interstate Commission of Nurse Licensure
83 Compact Administrators; providing an exemption from
84 public records requirements for recordings, minutes,
85 and records generated during the closed portion of
86 such a meeting; providing for future legislative
87 review and repeal of the exemptions; providing a
88 statement of public necessity; providing a contingent
89 effective date.