Florida HB 997: Pub. Rec./Public Employees Relations Commission

Bill Text

HB 997 2026

CODING: Words stricken are deletions; words underlined are additions.
hb997-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to public records; amending s. 2
447.205, F.S.; exempting from public records 3
requirements written communications developed in 4
preparation for, or preliminary to, the issuance of 5
any order by the Public Employees Relations Commission 6
or its designees; providing for future legislative 7
review and repeal of the exemption; providing a 8
statement of public necessity; amending s. 447.308, 9
F.S.; exempting from public records requirements 10
showing of interest statements signed by public 11
employees and filed with the Public Employees 12
Relations Commission; providing an exception; 13
providing for future legislative review and repeal of 14
the exemption; providing a statement of public 15
necessity; amending s. 119.071, F.S.; exempting from 16
public records requirements the personal identifying 17
and location information of the chair, commissioners, 18
and hearing officers of the Public Employees Relations 19
Commission and the personal identifying and location 20
information of spouses and children of such personnel; 21
providing for future legislative review and repeal of 22
the exemption; providing a statement of public 23
necessity; providing a contingent effective date. 24
25

HB 997 2026

CODING: Words stricken are deletions; words underlined are additions.
hb997-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

Be It Enacted by the Legislature of the State of Florida: 26
27
Section 1. Subsection (10) of section 447.205, Florida 28
Statutes, is amended to read: 29
447.205 Public Employees Relations Commission.— 30
(10) The deliberations of the commission in any proceeding 31
before it are closed and exempt from the provisions of s. 32
286.011. However, any hearing held or oral argument heard by the 33
commission pursuant to chapter 120 or this chapter must shall be 34
open to the public. All draft orders and related written 35
communications that are developed in preparation for, or 36
preliminary to, the issuance of any order by the commission or 37
its designees a final written order are confidential and exempt 38
from the provisions of s. 119.07(1) and s. 24(a), Art. I of the 39
State Constitution. 40
Section 2. The amendment made by this act to s. 41
447.205(10), Florida Statutes, is subject to the Open Government 42
Sunset Review Act in accordance with s. 119.15, Florida 43
Statutes, and shall stand repealed on October 2, 2031, unless 44
reviewed and saved from repeal through reenactment by the 45
Legislature and the text of that subsection shall revert to that 46
in existence on June 30, 2026, except that any amendments to 47
such text enacted other than by this act shall be preserved and 48
continue to operate to the extent that such amendments are not 49
dependent upon the amendment to the text which expires pursuant 50

HB 997 2026

CODING: Words stricken are deletions; words underlined are additions.
hb997-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

to this section. 51
Section 3. The Legislature finds that it is a public 52
necessity that draft orders and related written communications 53
that are developed in preparation for, or preliminary to, the 54
issuance of any order by the Public Employees Relations 55
Commission or its designees be made confidential and exempt from 56
s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the 57
State Constitution. The Public Employees Relations Commission, 58
as a quasi-judicial agency, speaks through its written orders 59
based on the law and facts. The commission and its hearing 60
officers rely on the confidentiality of draft orders and written 61
communications related to these drafts before they become final 62
and are released to the public. The existing provision in s. 63
447.205(10), Florida Statutes, addresses this confidentiality 64
and recognizes its importance to the proper functioning of the 65
commission. However, it was adopted in 1977, with the only 66
substantive amendment being made in 1991. To avoid the existing 67
provision from being inadvertently read so as to allow public 68
access to draft orders or commission deliberations, including 69
preliminary work prepared by commission hearing officers, the 70
Legislature finds that it is a public necessity that the 71
language of the provision providing for confidentiality and 72
exemption of commission deliberations and draft orders be 73
clarified to reflect updates in technology, current practices of 74
the commission related to the use of hearing officers, and 75

HB 997 2026

CODING: Words stricken are deletions; words underlined are additions.
hb997-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

modern methods of communication. The confidentiality and 76
exemption of commission d