Florida Senate - 2019 CS for SB 7080 By the Committees on Governmental Oversight and Accountability; and Health Policy 585-03751-19 20197080c1 1 A bill to be entitled 2 An act relating to public records and meetings; 3 creating s. 456.4502, 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 of the Interstate 10 Medical Licensure Commission; providing an exemption 11 from public records requirements for recordings, 12 minutes, and records generated during the closed 13 portions of such meetings; providing for future 14 legislative review and repeal of the exemptions; 15 providing a statement of public necessity; providing a 16 contingent effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 456.4502, Florida Statutes, is created 21 to read: 22 456.4502 Interstate Medical Licensure Compact; public 23 records and meetings exemptions.— 24 (1) A physician’s personal identifying information, other 25 than the physician’s name, licensure status, or licensure 26 number, obtained from the coordinated information system in 27 Section 8 of the Interstate Medical Licensure Compact and held 28 by the department or the board is exempt from s. 119.07(1) and 29 s. 24(a), Art. I of the State Constitution, unless the state 30 that originally reported the information to the coordinated 31 information system authorizes the disclosure of such information 32 by law. If disclosure is so authorized, information may be 33 disclosed only to the extent authorized by law by the reporting 34 state. 35 (2)(a) Under Section 11 of the Interstate Medical Licensure 36 Compact, a meeting or a portion of a meeting of the Interstate 37 Medical Licensure Compact Commission established may be closed 38 if it has been determined by a two-thirds vote of commissioners 39 who are present that an open meeting would likely: 40 1. Relate solely to the internal personnel practices and 41 procedures of the commission; 42 2. Discuss matters specifically exempted from disclosure by 43 federal statute; 44 3. Discuss trade secrets or commercial or financial 45 information that is privileged or confidential; 46 4. Involve accusing a person of a crime, or formally 47 censuring a person; 48 5. Discuss information of a personal nature, if disclosure 49 would constitute a clearly unwarranted invasion of personal 50 privacy; 51 6. Discuss investigative records compiled for law 52 enforcement purposes; or 53 7. Relate specifically to participation in a civil action 54 or another legal proceeding. 55 (b) In keeping with the intent of the Interstate Medical 56 Licensure Compact, recordings, minutes, and records generated 57 during an exempt proceeding are exempt in accordance with s. 58 119.07(1) and s. 24(a), Art. I of the State Constitution. 59 (3) This section is subject to the Open Government Sunset 60 Review Act in accordance with s. 119.15 and shall stand repealed 61 on October 2, 2024, unless reviewed and saved from repeal 62 through reenactment by the Legislature. 63 Section 2. (1) The Legislature finds that it is a public 64 necessity that a physician’s personal identifying information, 65 other than the physician’s name, licensure status, or licensure 66 number, obtained from the coordinated information system, as 67 defined in Section 5 of the Interstate Medical Licensure 68 Compact, as enacted in this state by s. 456.4501, Florida 69 Statutes, and held by the Department of Health and the 70 regulatory boards of the respective professions be exempt from 71 s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the 72 State Constitution. Protection of such personal identifying 73 information is required under the Interstate Medical Licensure 74 Compact, which this state must adopt in order to become a member 75 state and a party to the compact. Without the public records 76 agreement, this state will be unable to effectively and 77 efficiently implement and administer the Interstate Medical 78 Licensure 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 in that section 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 are exempt pursuant to s. 456.4502, Florida 96 Statutes, and s. 24, Article I of the State Constitution. 97 Release of such information would negate the value of the public 98 meeting exemption. As such, the Legislature finds that the 99 public records exemption is a public necessity. 100 Section 3. This act shall take effect on the same date that 101 SB 7078 or similar legislation takes effect, if such legislation 102 is adopted in the same legislative session or an extension 103 thereof and becomes a law.