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Florida Senate
-
2026
SB 972
By
Senator Wright
8-01302-26 2026972__
1 A bill to be entitled
2 An act relating to public records and meetings;
3 creating s. 468.3711, 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 Respiratory Care pursuant to the Respiratory
7 Care Interstate Compact; authorizing the disclosure of
8 such information under certain circumstances;
9 providing an exemption from public meetings
10 requirements for certain meetings or portions of
11 meetings of the Respiratory Care Interstate Compact
12 Commission or the executive committee of the
13 commission; providing an exemption from public records
14 requirements for recordings, minutes, and records
15 generated during exempt portions of such meetings;
16 providing for future legislative review and repeal of
17 the exemptions; providing statements of public
18 necessity; providing a contingent effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 468.3711, Florida Statutes, is created
23 to read:
24
468.3711
Respiratory Care Interstate Compact Commission;
25
public meetings and public records exemptions.—
26
(1)
A respiratory therapist’s personal identifying
27
information, other than his or her name, licensure status, or
28
licensure number, obtained from the data system described in
29
Art. VIII of s. 468.371 and held by the department or the board
30
is exempt from s. 119.07(1) and s. 24(a), Art. I of the State
31
Constitution unless the state that originally reported the
32
information to the data system authorizes the disclosure of such
33
information by law. If disclosure is so authorized, such
34
information may be disclosed only to the extent authorized by
35
the law of the reporting state.
36
(2)(a)
Any meeting or a portion of a meeting of the
37
Respiratory Care Interstate Compact Commission or the executive
38
committee of the commission established in Art. VII of s.
39
468.371 at which certain sensitive and confidential matters, as
40
specified in subsection (6) of
Art. VII of s. 468.371
, are
41
discussed is exempt from s. 286.011 and s. 24(b), Art. I of the
42
State Constitution.
43
(b)
Recordings, minutes, and records generated during an
44
exempt meeting or exempt portion of a meeting are exempt from s.
45
119.07(1) and s. 24(a), Art. I of the State Constitution.
46
(3)
This section is subject to the Open Government Sunset
47
Review Act in accordance with s. 119.15 and shall stand repealed
48
on October 2, 2031, unless reviewed and saved from repeal
49
through reenactment by the Legislature.
50 Section 2.
(1)
The Legislature finds that it is a public
51
necessity that a respiratory therapist’s personal identifying
52
information, other than his or her name, licensure status, or
53
licensure number, obtained from the data system described in
54
Article VIII of s. 468.371, Florida Statutes, and held by the
55
Department of Health or the Board of Respiratory Care be made
56
confidential and exempt from s. 119.07(1), Florida Statutes, and
57
s. 24(a), Article I of the State Constitution. The personal
58
identifying information of a respiratory therapist should be
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protected from public disclosure. Protection of such information
60
is required under the Respiratory Care Interstate Compact.
61
Without the public records exemption, this state will be unable
62
to effectively implement and administer the compact.
63
(2)(a)
The Legislature further finds that it is a public
64
necessity that any meeting of the Respiratory Care Interstate
65
Compact Commission or the executive committee of the commission,
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as provided in s. 468.371, Florida Statutes, at which matters
67
specifically exempted from disclosure by federal or state law
68
are discussed be made exempt from s. 286.011, Florida Statutes,
69
and s. 24(b), Article I of the State Constitution.
70
(b)
The Respiratory Care Interstate Compact requires the
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closure of any meeting, or portion of a meeting, of the
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Respiratory Care Interstate Compact Commission or the executive
73
committee of the commission, if the presiding officer states in
74
a public meeting that the commission or the executive committee
75
of the commission must discuss certain sensitive and
76
confidential matters
as specified in subsection (6) of Art
icle
77
VII of s. 468.371
, Florida Statutes. In the absence of a public
78
meetings exemption, this state would be prohibited from becoming
79
a member state of the compact.
80
(3)
The Legislature further finds that it is a public
81
necessity that the recordings, minutes, and records generated
82
during a meeting held as provided in s. 468.371, Florida
83
Statutes, which are exempt from public meetings requirements be
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made exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
85
Article I of the State Constitution. Release of such information
86
would negate the public meetings exemption. As such, the
87
Legislature finds that the public records exemption is a public
88
necessity.
89 Section 3. This act shall take effect on the same date that
90 SB 970 or similar legislation takes effect, if such legislation
91 is adopted in the same legislative session or an extension
92 thereof and becomes a law.