Florida Senate - 2024 SB 322 By Senator Burton 12-01632A-24 2024322__ Page 1 of 8 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to public records and meetings; 2 creating ss. 456.4503, 468.1336, and 486.113, F.S.; 3 providing an exemption from public records 4 requirements for certain information held by the 5 Department of Health, the Board of Medicine, the Board 6 of Osteopathic Medicine, the Board of Speech-Language 7 Pathology and Audiology, and the Board of Physical 8 Therapy Practice pursuant to the Interstate Medical 9 Licensure Compact, the Audiology and Speech-Language 10 Pathology Interstate Compact, and the Physical Therapy 11 Licensure Compact, as applicable; authorizing 12 disclosure of the information under certain 13 circumstances; providing an exemption from public 14 meetings requirements for certain meetings, or 15 portions of meetings, of the Interstate Medical 16 Licensure Compact Commission, the Audiology and 17 Speech-Language Pathology Interstate Compact 18 Commission, and the Physical Therapy Compact 19 Commission; providing an exemption from public records 20 requirements for recordings, minutes, and records 21 generated during the exempt meetings or exempt 22 portions of meetings; providing for future legislative 23 review and repeal of the exemptions; providing 24 statements of public necessity; providing a contingent 25 effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29

Florida Senate - 2024 SB 322 12-01632A-24 2024322__ Page 2 of 8 CODING: Words stricken are deletions; words underlined are additions.

Section

Section 456.4503, Florida Statutes, is created 30 to read: 31 456.4503 Interstate Medical Licensure Compact Commission; 32 public records and meetings exemptions.— 33

(1) A physician’s personal identifying information, other 34 than the physician’s name, licensure status, or licensure 35 number, obtained from the coordinated information system 36 described in

Section 7 of s. 456.4501 and held by the 37 department, the Board of Medicine, or the Board of Osteopathic 38 Medicine, is exempt from s. 119.07(1) and s. 24(a), Art. I of 39 the State Constitution unless the state that originally reported 40 the information to the coordinated information system authorizes 41 the disclosure of such information by law. If disclosure is so 42 authorized, information may be disclosed only to the extent 43 authorized by law by the reporting state. 44 (2)(

a) A meeting or a portion of a meeting of the 45 Interstate Medical Licensure Compact Commission established in 46

Section 10 of s. 456.4501 is exempt from s. 286.011 and s. 47 24(b), Art. I of the State Constitution if the Interstate 48 Commission determines by a two-thirds vote of the commissioners 49 present that the meeting would be likely to: 50 1. Relate solely to the internal personnel practices and 51 procedures of the Interstate Commission; 52 2. Discuss matters specifically exempted from disclosure by 53 federal statute; 54 3. Discuss trade secrets or commercial or financial 55 information that is privileged or confidential; 56 4. Involve accusing a person of a crime, or formally 57 censuring a person; 58

Florida Senate - 2024 SB 322 12-01632A-24 2024322__ Page 3 of 8 CODING: Words stricken are deletions; words underlined are additions. 5. Discuss information of a personal nature, the disclosure 59 of which would constitute a clearly unwarranted invasion of 60 personal privacy; 61 6. Discuss investigative records compiled for law 62 enforcement purposes; or 63 7. Specifically relate to the participation in a civil 64 action or other legal proceeding. 65 (

b) Recordings, minutes, and records generated during an 66 exempt meeting or exempt portion of a meeting are exempt from s. 67 119.07(1) and s. 24(a), Art. I of the State Constitution. 68

(3) This

section is subject to the Open Government Sunset 69 Review Act in accordance with s. 119.15 and shall stand repealed 70 on October 2, 2029, unless reviewed and saved from repeal 71 through reenactment by the Legislature. 72

Section

Section 468.1336, Florida Statutes, is created 73 to read: 74 468.1336 Audiology and Speech-Language Pathology Interstate 75 Compact Commission; public meetings and public records 76 exemptions.— 77

(1) An audiologist’s or a speech-language pathologist’s 78 personal identifying information, other than the audiologist’s 79 or the speech-language pathologist’s name, licensure status, or 80 licensure number, obtained from the coordinated database and 81 reporting system described in

Article IX of s. 468.1335 and held 82 by the department or the board is exempt from s. 119.07(1) and 83 s. 24(a), Art. I of the State Constitution unless the state that 84 originally reported the information to the coordinated database 85 and reporting system authorizes the disclosure of such 86 information by law. If disclosure is so authorized, information 87

Florida Senate - 2024 SB 322 12-01632A-24 2024322__ Page 4 of 8 CODING: Words stricken are deletions; words underlined are additions. may be disclosed only to the extent authorized by law by the 88 reporting state. 89 (2)(

a) A meeting or a portion of a meeting of the Audiology 90 and Speech-Language Pathology Interstate Compact Commission 91 established in

Article VIII of s. 468.1335 at which matters 92 specifically exempted from disclosure by federal or state law 93 are discussed is exempt from s. 286.011 and s. 24(b), Art. I of 94 the State Constitution. 95 (

b) Recordings, minutes, and records generated during an 96 exempt meeting or an exempt portion of a meeting are exempt from 97 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 98

(3) This

section is subject to the Open Government Sunset 99 Review Act in accordance with s. 119.15 and shall stand repealed 100 on October 2, 2029, unless reviewed and saved from repeal 101 through reenactment by the Legislature. 102

Section

Section 486.113, Florida Statutes, is created to 103 read: 104 486.113 Physical Therapy Compact Commission; public records 105 and meetings exemptions.— 106

(1) A physical therapist’s or physical therapist 107 assistant’s personal identifying information, other than the 108 person’s name, licensure status, or licensure number, obtained 109 from the coordinated database and reporting system described in 110

Article VIII of s. 486.112 and held by the department or the 111 board is exempt from s. 119.07(1) and s. 24(a), Art. I of the 112 State Constitution unless the state that originally reported the 113 information to the coordinated database and reporting system 114 authorizes the disclosure of such information by law. If 115 disclosure is so authorized, information may be disclosed only 116

Florida Senate - 2024 SB 322 12-01632A-24 2024322__ Page 6 of 8 CODING: Words stricken are deletions; words underlined are additions. determination of compliance issues pursuant to the compact. 146 10. Matters specifically exempted from disclosure by 147 federal or member state statute. 148 (

b) Recordings, minutes, and records generated during an 149 exempt meeting or an exempt portion of a meeting are exempt from 150 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 151

(3) This

section is subject to the Open Government Sunset 152 Review Act in accordance with s. 119.15 and shall stand repealed 153 on October 2, 2029, unless reviewed and saved from repeal 154 through reenactment by the Legislature. 155

Section 4.

(1) The Legislature finds that it is a public 156 necessity that any physician’s, audiologist’s, speech-language 157 pathologist’s, physical therapist’s, or physical therapist 158 assistant’s personal identifying information, other than the 159 person’s name, licensure status, or licensure number, obtained 160 from the coordinated database and reporting systems described in 161

Section 7 of s. 456.4501, Florida Statutes,

Article IX of s. 162 468.1335, Florida Statutes, or

Article VIII of s. 486.112, 163 Florida Statutes, and held by the Department of Health, the 164 Board of Medicine, the Board of Osteopathic Medicine, the Board 165 of Speech-Language Pathology and Audiology, or the Board of 166 Physical Therapy Practice, as applicable, be made exempt from s. 167 119.07(1), Florida Statutes, and s. 24(a),

Article I of the 168 State Constitution. Protection of such information is required 169 under the Interstate Medical Licensure Compact, the Audiology 170 and Speech-Language Pathology Interstate Compact, and the 171 Physical Therapy Licensure Compact, each of which must be 172 adopted by the Legislature in order for this state to become a 173 member state of the respective compacts. Without the public 174

Florida Senate - 2024 SB 322 12-01632A-24 2024322__ Page 7 of 8 CODING: Words stricken are deletions; words underlined are additions. records exemption, this state would be unable to effectively and 175 efficiently implement and administer the respective compacts. 176 (2)(

a) The Legislature finds that it is a public necessity 177 that any meeting or portion of a meeting of the Interstate 178 Medical Licensure Compact Commission, the Audiology and Speech-179 Language Pathology Interstate Compact Commission, or the 180 Physical Therapy Compact Commission held as provided in s. 181 456.4501, Florida Statutes, s. 468.1335, Florida Statutes, or s. 182 486.112, Florida Statutes, respectively, in which matters 183 specifically exempted from disclosure by federal or state law 184 are discussed be made exempt from s. 286.011, Florida Statutes, 185 and s. 24(b),

Article I of the State Constitution. 186 (

b) The Interstate Medical Licensure Compact, the Audiology 187 and Speech-Language Pathology Interstate Compact, and the 188 Physical Therapy Licensure Compact require that any meeting or 189 portion of a meeting of the Interstate Medical Licensure Compact 190 Commission, the Audiology and Speech-Language Pathology 191 Interstate Compact Commission, and the Physical Therapy Compact 192 Commission, respectively, in which the substance of paragraph 193 (

a) is discussed be closed to the public. In the absence of a 194 public meetings exemption, the state would be prohibited from 195 becoming a member state of the respective compacts and, thus, 196 prohibited from effectively and efficiently administering the 197 respective compacts. 198

(3) The Legislature also finds that it is a public 199 necessity that the recordings, minutes, and records generated 200 during a meeting or a portion of a meeting exempt pursuant to s. 201 456.4503(2), Florida Statutes, s. 468.1336(2), Florida Statutes, 202 or s. 486.113(2), Florida Statutes, be made exempt from s. 203

Florida Senate - 2024 SB 322 12-01632A-24 2024322__ Page 8 of 8 CODING: Words stricken are deletions; words underlined are additions. 119.07(1), Florida Statutes, and s. 24(a),

Article I of the 204 State Constitution. Release of such information would negate the 205 public meetings exemption. As such, the Legislature finds that 206 the public records exemption is a public necessity. 207

Section 5. This act shall take effect on the same date that 208 SB 7016 or similar legislation takes effect, if such legislation 209 is adopted in the same legislative session or an extension 210 thereof and becomes a law. 211