F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB101CS/HB101 2024 A bill to be entitled An act relating to public records and meetings;
providing an exemption from public recordsmeetings requirements for certain informationportions heldof bymeetings the Department of Health or the BoardSocial ofWork ClinicalLicensure SocialInterstate Work,Compact MarriageCommission and Familythe Therapy,executive committee and Mentalother Healthcommittees Counselingof pursuant to the Socialcommission; Work Licensure Interstate Compact;
authorizingproviding thean disclosureexemption offrom suchpublic records requirements for a regulated social worker's personal identifying information underand certainrecordings, circumstances;minutes, and records generated during exempt meetings or portions thereof;
providing an exemption from public meetings requirements for certain meetings or portions of certain meetings of the Social Work Licensure Interstate Compact Commission or its executive committee or other committees;
providing an exemption from public records requirements for recordings, minutes, and records generated during the exempt meetings or portions of such meetings;
providing statementsa statement of public necessity;
Page491.023 1ofSocial 5Work CODING:Licensure Interstate Compact Commission;
public meetings and public records exemptions.— (1) The commission or the executive committee or other committees of the commission may convene in a closed, nonpublic meeting to receive legal advice or to discuss:
(a) Noncompliance of a member state with its obligations Page 1of 4 CODING:
hb0101-02-c2hb0101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB101CS/HB101 2024 491.023under Socialthe Workcompact; Licensure Interstate Compact;
public(b) recordsThe andemployment, meetingscompensation, exemptions.—discipline (1)or A social worker's personal identifying information, other thanmatters, thepractices, social worker's name, licensure status, or licensureprocedures number,related obtainedto fromspecific theemployees; data system, as described in Art.
XI(c) Current or threatened discipline of s.a licensee by the commission or by a member state's licensing authority;
491.022,(d) andCurrent, heldthreatened, by the department or thereasonably boardanticipated islitigation; exempt from s.
119.07(1)(e) andNegotiation s.of contracts for the purchase, lease, or sale of goods, services, or real estate;
24(a),(f) Art.Accusing any person of a crime or formally censuring any person;
I(g) ofTrade thesecrets Stateor Constitutioncommercial unlessor thefinancial stateinformation that originallyis reportedprivileged theor informationconfidential; to the data system authorizes the disclosure of such information by law.
If(h) disclosureInformation isof soa authorized,personal suchnature informationif maydisclosure bewould disclosedconstitute onlya toclearly theunwarranted extentinvasion authorized by the law of thepersonal reportingprivacy; state.
(2)(a)(i) AInvestigative meetingrecords orcompiled afor portionlaw ofenforcement apurposes; meeting of the Social Work Licensure Interstate Compact Commission or the executive committee or other committee of the commission held as provided in s.
491.022(j) isInformation exemptrelated fromto s.any investigative reports prepared by or on behalf of or for use by the commission or the executive committee or other committees of the commission responsible for investigating or determining compliance with the compact;
286.011(k) andMatters s.specifically exempted from disclosure by federal or member state law;
24(b),or Art.(l) Other matters as adopted by the commission by rule.
IPage of2of the4 StateCODING: Constitution if the commission or committee needs to receive legal advice or discuss any of the following:
1.
Noncompliance of a member state with its obligations under the compact.
2.
The employment, compensation, discipline of, or other matters, practices, or procedures related to specific employees.
3.
Current or threatened discipline of a licensee by the commission or by a member state's licensing authority.
4.
Current, threatened, or reasonably anticipated Page 2of 5 CODING:
hb0101-02-c2hb0101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB101CS/HB101 2024 litigation.(2) Recordings, minutes, and records generated during any portion of an exempt meeting are exempt from s.
5.
Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.
6.
Accusing any person of a crime or formally censuring any person.
7.
Trade secrets or commercial or financial information that is privileged or confidential.
8.
Information of a personal nature when disclosure would constitute a clearly unwarranted invasion of personal privacy.
9.
Investigative records compiled for law enforcement purposes.
10.
Information related to any investigative reports prepared by, or on behalf of or for the use of, the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact.
11.
Matters specifically exempted from disclosure by federal or member state law.
12.
Other matters as adopted by commission rule.
(b) The presiding officer of the meeting shall state that the meeting will be closed and reference each relevant exempting provision, which must be recorded in the meeting minutes.
(c) In keeping with the intent of the Social Work Licensure Interstate Compact, recordings, minutes, and records generated during an exempt meeting or portion of such a meeting are exempt from s.
I of the State PageConstitution. 3of 5 CODING:
Words strickenare deletions;
words underlined are additions.
hb0101-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB101 2024 Constitution.
(1) TheA Legislature finds that it is a public necessity that a social worker's personal identifying information, other than thesuch social worker's name, licensure status, or licensure number, obtained from the data system, as described in Article XI of s.
491.022, Florida Statutes, and held by the Department of Health or the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling beis made exempt from s.
24(a), Article I of the State Constitution.Constitution unless the state that originally reported the information to the data system authorizes the disclosure of such information by law.
ProtectionIf ofdisclosure such information is requiredso underauthorized, thesuch Socialinformation Workmay Licensurebe Interstatedisclosed Compact,only which a state must adopt in order to becomethe aextent memberauthorized stateby oflaw by the compact.reporting state.
Without(2) theThe Legislature finds that it is a public recordsnecessity exemption,that thisany statemeeting willof bethe unableSocial toWork effectivelyLicensure implementInterstate andCompact administerCommission or the compact.executive committee or other committees of the commission held as provided in s.
(2)(a) The Legislature finds that it is a public necessity that any meeting of the Social Work Licensure Interstate Compact Commission or the executive committee or other committee of the commission held as provided in s.
286.011, Page 4of3of 54 CODING:
hb0101-02-c2hb0101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB101CS/HB101 2024 Florida Statutes, and s.
(b)(3) The Social Work Licensure Interstate Compact requires thethat closure of any meeting, or any portion of a meeting,meeting of the Social Work Licensure Interstate Compact Commission or the executive committee or other committee of the commission if the presiding officer announces in awhich publicany meetinginformation that, in connectionthis withsection theis performancediscussed ofbe theclosed commission'sto duties, the commissionpublic. must discuss certain sensitive and confidential subject matters.
(3)Thus, Thethis Legislaturestate alsowould findsbe thatunable itto iseffectively aand publicefficiently necessityadminister that the recordings,compact. minutes, and records generated during a meeting held as provided in s.
491.022,(4) FloridaThe Statutes,Legislature also finds that it is a public necessity that the recordings, minutes, and records generated during any meeting, or any portion of a meeting, that is exempt frompursuant publicto meetingsthis requirementssection be made exempt from s.
This act shall take effect on the same date that HB 99 or similar legislation takes effect, if such legislation is adopted in the same legislative session or an extension thereof and becomes a law.
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