August 12, 2020
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_h7117__
HB 7117

1
A bill to be entitled
2An act relating to a review under the Open Government
3Sunset Review Act; amending s. 497.172, F.S., which
4provides exemptions from public meetings and public
5records requirements for the Board of Funeral, Cemetery,
6and Consumer Services within the Department of Financial
7Services and for certain information held by the
8Department of Financial Services; requiring a recording of
9a closed meeting of the board wherein licensure
10examination questions or answers are discussed; creating a
11public record exemption for a recording of the closed
12meeting; providing for future legislative review and
13repeal of the exemption; requiring a recording of a closed
14meeting of a probable cause panel of the board; removing
15the scheduled repeal of exemptions within the section;
16providing a statement of public necessity; providing an
17effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Section 497.172, Florida Statutes, is amended
22to read:
23     497.172  Public records exemptions; public meetings
24exemptions.-
25     (1)  EXAMINATION DEVELOPMENT MEETINGS.-
26     (a)  Those portions of meetings of the board at which
27licensure examination questions or answers under this chapter
28are discussed are exempt from s. 286.011 and s. 24(b), Art. I of
29the State Constitution. The closed meeting must be recorded and
30no portion of the closed meeting may be off the record. The
31recording shall be maintained by the board.
32     (b)  The recording of a closed portion of a meeting is
33exempt from s. 119.07(1) and s. 24(a), Art. I of the State
34Constitution.
35     (c)  This subsection is subject to the Open Government
36Sunset Review Act in accordance with s. 119.15 and shall stand
37repealed on October 2, 2015, unless reviewed and saved from
38repeal through reenactment by the Legislature.
39     (2)  PROBABLE CAUSE PANEL.-
40     (a)  Meetings of the probable cause panel of the board,
41pursuant to s. 497.153, are exempt from s. 286.011 and s. 24(b),
42Art. I of the State Constitution. The entire closed meeting must
43be recorded and no portion of the closed meeting may be off the
44record. The recording shall be maintained by the board.
45     (b)  Records of exempt meetings of the probable cause panel
46of the board are exempt from s. 119.07(1) and s. 24(a), Art. I
47of the State Constitution, until 10 days after a determination
48regarding probable cause is made pursuant to s. 497.153.
49     (3)  EXAMINATIONS, INSPECTIONS, AND INVESTIGATIONS.-
50     (a)  Except as otherwise provided in this subsection,
51information held by the department pursuant to a financial
52examination conducted under this chapter is confidential and
53exempt from s. 119.07(1) and s. 24(a), Art. I of the State
54Constitution, until the examination is completed or ceases to be
55active.
56     (b)  Except as otherwise provided in this subsection,
57information held by the department pursuant to an inspection
58conducted under this chapter is confidential and exempt from s.
59119.07(1) and s. 24(a), Art. I of the State Constitution, until
60the inspection is completed or ceases to be active.
61     (c)  Except as otherwise provided in this subsection,
62information held by the department pursuant to an investigation
63of a violation of this chapter is confidential and exempt from
64s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
65until the investigation is completed or ceases to be active or
66until 10 days after a determination regarding probable cause is
67made pursuant to s. 497.153.
68     (d)  Information made confidential and exempt pursuant to
69this subsection may be disclosed by the department as follows:
70     1.  To the probable cause panel of the board, for the
71purpose of probable cause proceedings pursuant to s. 497.153.
72     2.  To any law enforcement agency or other government
73agency in the performance of its official duties and
74responsibilities.
75     3.  If the department uncovers information of immediate and
76serious concern to the public health, safety, or welfare, it may
77disseminate such information as it deems necessary for the
78public health, safety, or welfare.
79     (e)  Information made confidential and exempt pursuant to
80this subsection shall remain confidential and exempt from s.
81119.07(1) and s. 24(a), Art. I of the State Constitution after
82the examination, inspection, or investigation is completed or
83ceases to be active if:
84     1.  The department submits the information to any law
85enforcement agency or other administrative agency for further
86examination or investigation. The information shall remain
87confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
88of the State Constitution until that agency's examination or
89investigation is completed or ceases to be active.
90     2.  Disclosure of the information would:
91     a.  Jeopardize the integrity of another active
92investigation or examination;
93     b.  Reveal the identity of a confidential source; or
94     c.  Reveal investigative or examination techniques or
95procedures.
96     (f)  For purposes of this subsection, an examination,
97inspection, or investigation shall be considered active so long
98as the examination, inspection, or investigation is proceeding
99with reasonable dispatch and the department has a reasonable
100good faith belief that the examination, inspection, or
101investigation may lead to the filing of an administrative,
102civil, or criminal proceeding or to the denial or conditional
103grant of an application for license or other approval required
104under this chapter.
105     (4)  TRADE SECRETS.-Trade secrets, as defined in s.
106688.002, held by the department or board, are confidential and
107exempt from s. 119.07(1) and s. 24(a), Art. I of the State
108Constitution.
109     (5)  REVIEW AND REPEAL.-This section is subject to the Open
110Government Sunset Review Act in accordance with s. 119.15, and
111shall stand repealed on October 2, 2010, unless reviewed and
112saved from repeal through reenactment by the Legislature.
113     Section 2.  The Legislature finds that it is a public
114necessity to make exempt from public records requirements the
115recording generated during those portions of meetings of the
116Board of Funeral, Cemetery, and Consumer Services at which
117licensure examination questions or answers are discussed. The
118release of such recordings would compromise those discussions of
119the board which took place during a closed meeting and would
120negate the public meeting exemption. Further, current law
121already provides a public record exemption for licensure
122examination questions and answers. As such, release of the
123recording generated during those closed portions of meetings
124would compromise the current protections already afforded such
125questions and answers. Thus, the effective and efficient
126administration of the licensure examination process would be
127compromised without this exemption.
128     Section 3.  This act shall take effect October 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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