Florida Senate - 2020                                     SB 928
       
       
        
       By Senator Harrell
       
       
       
       
       
       25-01036-20                                            2020928__
    1                        A bill to be entitled                      
    2         An act relating to public records and meetings;
    3         creating s. 456.4503, F.S.; providing an exemption
    4         from public records requirements for certain
    5         information held by the Department of Health, the
    6         Board of Medicine, or the Board of Osteopathic
    7         Medicine, pursuant to the Interstate Medical Licensure
    8         Compact; providing an exemption from public meeting
    9         requirements for certain meetings or portions of
   10         certain meetings of the Interstate Medical Licensure
   11         Compact Commission; providing an exemption from public
   12         records requirements for recordings, minutes, and
   13         records generated during the closed portions of such
   14         meetings; providing for future legislative review and
   15         repeal of the exemptions; providing a statement of
   16         public necessity; providing a contingent effective
   17         date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 456.4503, Florida Statutes, is created
   22  to read:
   23         456.4503Interstate Medical Licensure Compact; public
   24  records and meetings exemptions.—
   25         (1)A physician’s personal identifying information, other
   26  than the physician’s name, licensure status, or licensure
   27  number, obtained from the coordinated information system, as
   28  described in section 8 of s. 456.4501, and held by the
   29  department, the Board of Medicine, or the Board of Osteopathic
   30  Medicine, is exempt from s. 119.07(1) and s. 24(a), Art. I of
   31  the State Constitution unless the state that originally reported
   32  the information to the coordinated information system authorizes
   33  the disclosure of such information by law. If disclosure is so
   34  authorized, information may be disclosed only to the extent
   35  authorized by law by the reporting state.
   36         (2)(a)A meeting or a portion of a meeting of the
   37  Interstate Medical Licensure Compact Commission, established in
   38  section 11 of s. 456.4501, is exempt from s. 286.011 and s.
   39  24(b), Art. I of the State Constitution if the commission has
   40  determined that an open meeting would be likely to:
   41         1. Relate solely to the internal personnel practices and
   42  procedures of the commission;
   43         2. Discuss matters specifically exempted from disclosure by
   44  federal statute;
   45         3. Discuss trade secrets or commercial or financial
   46  information that is privileged or confidential;
   47         4. Involve accusing a person of a crime, or formally
   48  censuring a person;
   49         5. Discuss information of a personal nature when disclosure
   50  would constitute a clearly unwarranted invasion of personal
   51  privacy;
   52         6. Discuss investigative records compiled for law
   53  enforcement purposes; or
   54         7. Specifically relate to the participation in a civil
   55  action or other legal proceeding.
   56         (b)In keeping with the intent of the Interstate Medical
   57  Licensure Compact, recordings, minutes, and records generated
   58  during an exempt meeting or portion of such a meeting are exempt
   59  from s. 119.07(1) and s. 24(a), Art. I of the State
   60  Constitution.
   61         (3)This section is subject to the Open Government Sunset
   62  Review Act in accordance with s. 119.15 and shall stand repealed
   63  on October 2, 2025, unless reviewed and saved from repeal
   64  through reenactment by the Legislature.
   65         Section 2. (1)The Legislature finds that it is a public
   66  necessity that a physician’s personal identifying information,
   67  other than the physician’s name, licensure status, or licensure
   68  number, obtained from the coordinated information system, as
   69  described in section 8 of s. 456.4501, Florida Statutes, and
   70  held by the Department of Health, the Board of Medicine, or the
   71  Board of Osteopathic Medicine, be made exempt from s. 119.07(1),
   72  Florida Statutes, and s. 24(a), Article I of the State
   73  Constitution. Protection of such information is required under
   74  the Interstate Medical Licensure Compact, which the state must
   75  adopt in order to become a member state of the compact. Without
   76  the public records exemption, this state will be unable to
   77  effectively and efficiently implement and administer the
   78  compact.
   79         (2)(a) The Legislature finds that it is a public necessity
   80  that any meeting of the Interstate Medical Licensure Compact
   81  Commission held as provided s. 456.4501 in which matters
   82  specifically exempted from disclosure by federal or state law
   83  are discussed be made exempt from s. 286.011, Florida Statutes,
   84  and s. 24(b), Article I of the State Constitution.
   85         (b) The Interstate Medical Licensure Compact requires the
   86  closure of any meeting, or any portion of a meeting, of the
   87  Interstate Medical Licensure Compact Commission if two-thirds of
   88  the commission members determine that certain sensitive and
   89  confidential subject matters may arise during the meeting and
   90  that the meeting should be closed to the public. In the absence
   91  of a public meeting exemption, this state would be prohibited
   92  from becoming a member state of the compact.
   93         (3)The Legislature also finds that it is a public
   94  necessity that the recordings, minutes, and records generated
   95  during a meeting that is exempt pursuant to s. 456.4503(2),
   96  Florida Statutes, be made exempt from s. 119.07(1), Florida
   97  Statutes, and s. 24(a), Article I of the State Constitution.
   98  Release of such information would negate the public meeting
   99  exemption. As such, the Legislature finds that the public
  100  records exemption is a public necessity.
  101         Section 3. This act shall take effect on the same date that
  102  SB ___ or similar legislation takes effect, if such legislation
  103  is adopted in the same legislative session or an extension
  104  thereof and becomes a law.