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         464.0096Nurse 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.