Florida Senate - 2016 CS for SB 1306
By the Committee on Health Policy; and Senator Grimsley
588-03658-16 20161306c1
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, other than
26 the nurse’s name, licensure status, or licensure number,
27 obtained from the coordinated licensure information system, as
28 defined in s. 464.0095, and held by the department or the board
29 is exempt from s. 119.07(1) and s. 24(a), Art. I of the State
30 Constitution unless the state that originally reported the
31 information to the coordinated licensure information system
32 authorizes the disclosure of such information by law. Under such
33 circumstances, the information may only be disclosed to the
34 extent permitted by the reporting state’s law.
35 (2)(a) A meeting or portion of a meeting of the Interstate
36 Commission of Nurse Licensure Compact Administrators established
37 under s. 464.0095 at which matters specifically exempted from
38 disclosure by federal or state statute are discussed is exempt
39 from s. 286.011 and s. 24(b), Art. I of the State Constitution.
40 (b) Recordings, minutes, and records generated during an
41 exempt meeting are exempt from s. 119.07(1) and s. 24(a), Art. I
42 of the State Constitution.
43 (3) This section is subject to the Open Government Sunset
44 Review Act in accordance with s. 119.15 and shall stand repealed
45 on October 2, 2021, unless reviewed and saved from repeal
46 through reenactment by the Legislature.
47 Section 2. (1) The Legislature finds that it is a public
48 necessity that a nurse’s personal identifying information, other
49 than the nurse’s name, licensure status, or licensure number,
50 obtained from the coordinated licensure information system, as
51 defined in s. 464.0095, Florida Statutes, and held by the
52 Department of Health or the Board of Nursing be made exempt from
53 s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
54 State Constitution. Protection of such information is required
55 under the Nurse Licensure Compact, which the state must adopt in
56 order to become a party state to the compact. Without the public
57 records exemption, this state will be unable to effectively and
58 efficiently implement and administer the compact.
59 (2)(a) The Legislature finds that it is a public necessity
60 that any meeting or portion of a meeting of the Interstate
61 Commission of Nurse Licensure Compact Administrators established
62 under s. 464.0095, Florida Statutes, at which matters
63 specifically exempted from disclosure by federal or state
64 statute are discussed be made exempt from s. 286.011, Florida
65 Statutes, and s. 24(b), Article I of the State Constitution.
66 (b) The Nurse Licensure Compact requires any meeting or
67 portion of a meeting in which the substance of paragraph (a) is
68 discussed to be closed to the public. Without the public meeting
69 exemption, this state will be prohibited from becoming a party
70 state to the compact. Thus, this state will be unable to
71 effectively and efficiently administer the compact.
72 (3) The Legislature also finds that it is a public
73 necessity that the recordings, minutes, and records generated
74 during a meeting that is exempt pursuant to s. 464.0096, Florida
75 Statutes, be made exempt from s. 119.07(1), Florida Statutes,
76 and s. 24(a), Article I of the State Constitution. Release of
77 such information would negate the public meeting exemption. As
78 such, the Legislature finds that the public records exemption is
79 a public necessity.
80 Section 3. This act shall take effect on the same date that
81 SB 1316 or similar legislation takes effect, if such legislation
82 is adopted in the same legislative session or an extension
83 thereof and becomes law.