Florida Senate - 2016 SB 1306
By Senator Grimsley
21-01887-16 20161306__
1 A bill to be entitled
2 An act relating to public records and meetings;
3 creating s. 464.0096, F.S.; providing an exemption
4 from public records requirements for certain
5 information held by the Department of Health or the
6 Board of Nursing pursuant to the Nurse Licensure
7 Compact; authorizing disclosure of the information
8 under certain circumstances; providing an exemption
9 from public meeting requirements for certain meetings
10 of the Interstate Commission of Nurse Licensure
11 Compact Administrators; providing an exemption from
12 public records requirements for recordings, minutes,
13 and records generated during the closed portion of
14 such a meeting; providing for future legislative
15 review and repeal of the exemptions; providing a
16 statement of public necessity; providing a contingent
17 effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Section 464.0096, Florida Statutes, is created
22 to read:
23 464.0096 Nurse Licensure Compact; public records and
24 meetings exemptions.—
25 (1) A nurse’s personal identifying information obtained
26 from the coordinated licensure information system, as defined in
27 s. 464.0095, and held by the department or the board is
28 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
29 of the State Constitution unless the state that originally
30 reported the information to the coordinated licensure
31 information system authorizes the disclosure of such information
32 by law. Under such circumstances, the information may only be
33 disclosed to the extent permitted by the reporting state’s law.
34 (2)(a) A meeting or portion of a meeting of the Interstate
35 Commission of Nurse Licensure Compact Administrators established
36 under s. 464.0095 during which any of the following is discussed
37 is exempt from s. 286.011 and s. 24(b), Art. I of the State
38 Constitution:
39 1. Failure of a party state to comply with its obligations
40 under the Nurse Licensure Compact.
41 2. The employment, compensation, discipline, or other
42 personnel matters, practices, or procedures related to specific
43 employees or other matters related to the commission’s internal
44 personnel practices and procedures.
45 3. Current, threatened, or reasonably anticipated
46 litigation.
47 4. Negotiation of contracts for the purchase or sale of
48 goods, services, or real estate.
49 5. Accusing any person of a crime or formally censuring any
50 person.
51 6. Trade secrets as defined in s. 688.002 or commercial or
52 financial information required by the commission’s bylaws or
53 rules to be kept privileged or confidential.
54 7. Information of a personal nature which the commission
55 determines by majority vote would constitute a clearly
56 unwarranted invasion of personal privacy if disclosed to the
57 public.
58 8. Active investigatory records compiled for law
59 enforcement purposes. For the purposes of this subparagraph, the
60 term “active” has the same meaning as provided in s.
61 119.011(3)(d).
62 9. Information related to any reports prepared by or on
63 behalf of the commission for the purpose of investigation of
64 compliance with the Nurse Licensure Compact.
65 10. Information made confidential or exempt pursuant to
66 federal law or pursuant to the laws of any party state.
67 11. Information made exempt pursuant to rules or bylaws of
68 the commission, which would protect the public’s interest and
69 the privacy of individuals, and proprietary information.
70 (b) Recordings, minutes, and records generated during an
71 exempt meeting are confidential and exempt from s. 119.07(1) and
72 s. 24(a), Art. I of the State Constitution.
73 (3) This section is subject to the Open Government Sunset
74 Review Act in accordance with s. 119.15 and shall stand repealed
75 on October 2, 2021, unless reviewed and saved from repeal
76 through reenactment by the Legislature.
77 Section 2. (1) The Legislature finds that it is a public
78 necessity that a nurse’s personal identifying information
79 obtained from the coordinated licensure information system, as
80 defined in s. 464.0095, Florida Statutes, and held by the
81 Department of Health or the Board of Nursing be made
82 confidential and exempt from s. 119.07(1), Florida Statutes, and
83 s. 24(a), Article I of the State Constitution. Protection of
84 such information is required under the Nurse Licensure Compact,
85 which the state must adopt in order to become a party state to
86 the compact. Without the public records exemption, this state
87 will be unable to effectively and efficiently implement and
88 administer the compact.
89 (2)(a) The Legislature finds that it is a public necessity
90 that any meeting or portion of a meeting of the Interstate
91 Commission of Nurse Licensure Compact Administrators established
92 under s. 464.0095, Florida Statutes, at which any of the
93 following is discussed be made exempt from s. 286.011, Florida
94 Statutes, and s. 24(b), Article I of the State Constitution:
95 1. Failure of a party state to comply with its obligations
96 under the Nurse Licensure Compact.
97 2. The employment, compensation, discipline, or other
98 personnel matters, practices, or procedures related to specific
99 employees or other matters related to the commission’s internal
100 personnel practices and procedures.
101 3. Current, threatened, or reasonably anticipated
102 litigation.
103 4. Negotiation of contracts for the purchase or sale of
104 goods, services, or real estate.
105 5. Accusing any person of a crime or formally censuring any
106 person.
107 6. Trade secrets as defined in s. 688.002, Florida
108 Statutes, or commercial or financial information required by the
109 commission’s bylaws or rules to be kept privileged or
110 confidential.
111 7. Information of a personal nature which the commission
112 determines by majority vote would constitute a clearly
113 unwarranted invasion of personal privacy if disclosed to the
114 public.
115 8. Active investigatory records compiled for law
116 enforcement purposes.
117 9. Information related to any reports prepared by or on
118 behalf of the commission for the purpose of investigation of
119 compliance with the Nurse Licensure Compact.
120 10. Information made confidential or exempt pursuant to
121 federal law or pursuant to the laws of any party state.
122 11. Information made exempt pursuant to rules or bylaws of
123 the commission, which would protect the public’s interest, the
124 privacy of individuals, and proprietary information.
125 (b) The Nurse Licensure Compact requires any meeting or
126 portion of a meeting in which the substance of paragraph (a) is
127 discussed to be closed to the public. Without the public meeting
128 exemption, this state will be prohibited from becoming a party
129 state to the compact. Thus, this state will be unable to
130 effectively and efficiently administer the compact.
131 (3) The Legislature also finds that it is a public
132 necessity that the recordings, minutes, and records generated
133 during a meeting that is exempt pursuant to s. 464.0096, Florida
134 Statutes, be made confidential and exempt from s. 119.07(1),
135 Florida Statutes, and s. 24(a), Article I of the State
136 Constitution. Release of such information would negate the
137 public meeting exemption. As such, the Legislature finds that
138 the public records exemption is a public necessity.
139 Section 3. This act shall take effect on the same date that
140 SB ____ or similar legislation takes effect, if such legislation
141 is adopted in the same legislative session or an extension
142 thereof and becomes law.