Bill Text: FL S1660 | 2010 | Regular Session | Comm Sub
Bill Title: OGSR/Funeral, Cemetery, & Consumer Services Board [CPSC]
Spectrum: Unknown
Status: (N/A - Dead) 2010-04-21 - Placed on Special Order Calendar; Read 2nd time -SJ 00669; Substituted HB 7117 -SJ 00669; Laid on Table, companion bill(s) passed, see HB 7117 (Ch. 2010-76) -SJ 00669 [S1660 Detail]
Download: Florida-2010-S1660-Comm_Sub.html
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This subsection is subject to the Open Government 37 Sunset Review Act in accordance with s. 119.15 and shall stand 38 repealed on October 2, 2015, unless reviewed and saved from 39 repeal through reenactment by the Legislature. 40 (2) PROBABLE CAUSE PANEL.— 41 (a) Meetings of the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 Open110Government Sunset Review Act in accordance with s.119.15, and111shall stand repealed on October 2, 2010, unless reviewed and112saved 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.