November 25, 2020
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       Florida Senate - 2010                             CS for SB 1660
       
       
       
       By the Committees on Banking and Insurance; and Banking and
       Insurance
       
       
       
       597-04368-10                                          20101660c1
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 497.172, F.S., which
    4         provides exemptions from public-meetings and public
    5         records requirements for the Board of Funeral,
    6         Cemetery, and Consumer Services within the Department
    7         of Financial Services and for certain information held
    8         by the Department of Financial Services; requiring a
    9         recording of a closed meeting of the board wherein
   10         licensure examination questions or answers are
   11         discussed; creating a public-record exemption for a
   12         recording of the closed meeting; providing for future
   13         legislative review and repeal of the exemption;
   14         requiring a recording of a closed meeting of a
   15         probable cause panel of the board; removing the
   16         scheduled repeal of exemptions within the section;
   17         providing a statement of public necessity; providing
   18         an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 497.172, Florida Statutes, is amended to
   23  read:
   24         497.172 Public records exemptions; public meetings
   25  exemptions.—
   26         (1) EXAMINATION DEVELOPMENT MEETINGS.—
   27         (a) Those portions of meetings of the board at which
   28  licensure examination questions or answers under this chapter
   29  are discussed are exempt from s. 286.011 and s. 24(b), Art. I of
   30  the State Constitution. The closed meeting must be recorded and
   31  no portion of the closed meeting may be off the record. The
   32  recording shall be maintained by the board.
   33         (b) The recording of a closed portion of a meeting is
   34  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   35  Constitution.
   36         (c) This subsection is subject to the Open Government
   37  Sunset Review Act in accordance with s. 119.15 and shall stand
   38  repealed on October 2, 2015, unless reviewed and saved from
   39  repeal through reenactment by the Legislature.
   40         (2) PROBABLE CAUSE PANEL.—
   41         (a) Meetings of the probable cause panel of the board,
   42  pursuant to s. 497.153, are exempt from s. 286.011 and s. 24(b),
   43  Art. I of the State Constitution. The entire closed meeting must
   44  be recorded and no portion of the closed meeting may be off the
   45  record. The recording shall be maintained by the board.
   46         (b) Records of exempt meetings of the probable cause panel
   47  of the board are exempt from s. 119.07(1) and s. 24(a), Art. I
   48  of the State Constitution, until 10 days after a determination
   49  regarding probable cause is made pursuant to s. 497.153.
   50         (3) EXAMINATIONS, INSPECTIONS, AND INVESTIGATIONS.—
   51         (a) Except as otherwise provided in this subsection,
   52  information held by the department pursuant to a financial
   53  examination conducted under this chapter is confidential and
   54  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   55  Constitution, until the examination is completed or ceases to be
   56  active.
   57         (b) Except as otherwise provided in this subsection,
   58  information held by the department pursuant to an inspection
   59  conducted under this chapter is confidential and exempt from s.
   60  119.07(1) and s. 24(a), Art. I of the State Constitution, until
   61  the inspection is completed or ceases to be active.
   62         (c) Except as otherwise provided in this subsection,
   63  information held by the department pursuant to an investigation
   64  of a violation of this chapter is confidential and exempt from
   65  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
   66  until the investigation is completed or ceases to be active or
   67  until 10 days after a determination regarding probable cause is
   68  made pursuant to s. 497.153.
   69         (d) Information made confidential and exempt pursuant to
   70  this subsection may be disclosed by the department as follows:
   71         1. To the probable cause panel of the board, for the
   72  purpose of probable cause proceedings pursuant to s. 497.153.
   73         2. To any law enforcement agency or other government agency
   74  in the performance of its official duties and responsibilities.
   75         3. If the department uncovers information of immediate and
   76  serious concern to the public health, safety, or welfare, it may
   77  disseminate such information as it deems necessary for the
   78  public health, safety, or welfare.
   79         (e) Information made confidential and exempt pursuant to
   80  this subsection shall remain confidential and exempt from s.
   81  119.07(1) and s. 24(a), Art. I of the State Constitution after
   82  the examination, inspection, or investigation is completed or
   83  ceases to be active if:
   84         1. The department submits the information to any law
   85  enforcement agency or other administrative agency for further
   86  examination or investigation. The information shall remain
   87  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   88  of the State Constitution until that agency’s examination or
   89  investigation is completed or ceases to be active.
   90         2. Disclosure of the information would:
   91         a. Jeopardize the integrity of another active investigation
   92  or examination;
   93         b. Reveal the identity of a confidential source; or
   94         c. Reveal investigative or examination techniques or
   95  procedures.
   96         (f) For purposes of this subsection, an examination,
   97  inspection, or investigation shall be considered active so long
   98  as the examination, inspection, or investigation is proceeding
   99  with reasonable dispatch and the department has a reasonable
  100  good faith belief that the examination, inspection, or
  101  investigation may lead to the filing of an administrative,
  102  civil, or criminal proceeding or to the denial or conditional
  103  grant of an application for license or other approval required
  104  under this chapter.
  105         (4) TRADE SECRETS.—Trade secrets, as defined in s. 688.002,
  106  held by the department or board, are confidential and exempt
  107  from s. 119.07(1) and s. 24(a), Art. I of the State
  108  Constitution.
  109         (5) REVIEW AND REPEAL.—This section is subject to the Open
  110  Government Sunset Review Act in accordance with s. 119.15, and
  111  shall stand repealed on October 2, 2010, unless reviewed and
  112  saved from repeal through reenactment by the Legislature.
  113         Section 2. The Legislature finds that it is a public
  114  necessity to make exempt from public-records requirements the
  115  recording generated during those portions of meetings of the
  116  Board of Funeral, Cemetery, and Consumer Services at which
  117  licensure examination questions or answers are discussed. The
  118  release of such recordings would compromise those discussions of
  119  the board which took place during a closed meeting and would
  120  negate the public-meeting exemption. Further, current law
  121  already provides a public-record exemption for licensure
  122  examination questions and answers. As such, release of the
  123  recording generated during those closed portions of meetings
  124  would compromise the current protections already afforded such
  125  questions and answers. Thus, the effective and efficient
  126  administration of the licensure examination process would be
  127  compromised without this exemption.
  128         Section 3. This act shall take effect October 1, 2010.

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