Florida HB 1237: Nursing Home Accountability
Status: Died in Finance & Facilities Subcommittee; companion bill(s) passed, see HB 539 (Ch. 2022-49) (as of 2022-03-14)
State: Florida · Session: 2022 · Bill: HB 1237
Subjects: subject index
Sponsors: Smith, C., Eskamani
Bill Text
HB 1237 2026 CODING: Words stricken are deletions; words underlined are additions. hb1237-00 Page 1 of 4 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 and meetings; 2 creating s. 468.3711, F.S.; providing an exemption 3 from public records requirements for a respiratory 4 therapist's personal identifying information; 5 providing an exemption from public meetings 6 requirements for certain portions of meetings of the 7 Respiratory Care Interstate Compact Commission; 8 providing an exemption from public records 9 requirements for recordings, minutes, and records 10 generated during exempt portions of such meetings; 11 providing for future legislative review and repeal of 12 the exemptions; providing a statement of public 13 necessity; providing a contingent effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Section 468.3711, Florida Statutes, is created 18 to read: 19 468.3711 Respiratory Care Interstate Compact Commission; 20 public meetings and public records exemptions.— 21 (1) A respiratory therapist's personal identifying 22 information, other than his or her name, licensure status, or 23 licensure number, obtained from the data system described in 24 Article VIII of s. 468.371 and held by the department or the 25 HB 1237 2026 CODING: Words stricken are deletions; words underlined are additions. hb1237-00 Page 2 of 4 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 board is exempt from s. 119.07(1) and s. 24(a), Art. I of the 26 State Constitution unless the state that originally reported the 27 information to the data system authorizes the disclosure of such 28 information by law. If disclosure is so authorized, such 29 information may be disclosed only to the extent authorized by 30 the law of the reporting state. 31 (2)(a) Any meeting or a portion of a meeting of the 32 Respiratory Care Interstate Compact Commission, the executive 33 committee, or other committee of the commission established in 34 Article VII of s. 468.371 at which matters specifically exempted 35 from disclosure by federal or state law are discussed is exempt 36 from s. 286.011 and s. 24(b), Art. I of the State Constitution. 37 (b) Recordings, minutes, and records generated during an 38 exempt meeting or exempt portion of a meeting are exempt from s. 39 119.07(1) and s. 24(a), Art. I of the State Constitution. 40 (3) This section is subject to the Open Government Sunset 41 Review Act in accordance with s. 119.15 and shall stand repealed 42 on October 2, 2031, unless reviewed and saved from repeal 43 through reenactment by the Legislature. 44 Section 2. (1) The Legislature finds that it is a public 45 necessity that a respiratory therapist's personal identifying 46 information, other than his or her name, licensure status, or 47 licensure number, obtained from the data system described in 48 Article VIII of s. 468.371, Florida Statutes, and held by the 49 Department of Health or the Board of Respiratory Care be made 50 HB 1237 2026 CODING: Words stricken are deletions; words underlined are additions. hb1237-00 Page 3 of 4 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 confidential and exempt from s. 119.07(1), Florida Statutes, and 51 s. 24(a), Article I of the State Constitution. The personal 52 identifying information of a respiratory therapist should be 53 protected from public disclosure. Protection of such information 54 is required under the Respiratory Care Interstate Compact. 55 Without the public records exemption, this state will be unable 56 to effectively implement and administer the compact. 57 (2)(a) The Legislature further finds that it is a public 58 necessity that any meeting of the Respiratory Care Interstate 59 Compact Commission, or the executive committee or other 60 committee of the commission, as provided in s. 468.371, Florida 61 Statutes, at which matters specifically exempted from disclosure 62 by federal or state law are discussed be made exempt from s. 63 286.011, Florida Statutes, and s. 24(b), Article I of the State 64 Constitution. 65 (b) The Respiratory Care Interstate Compact requires the 66 closure of any meeting, or portion of a meeting, held by the 67 Respiratory Care Interstate Compact Commission, or the executive 68 committee or committees of the commission, if the presiding 69 officer announces in a public meeting that, in connection with 70 the performance of the commission's duties, the commission must 71 discuss certain sensitive and confidential subject matters. In 72 the absence of a public meetings exemption, this state would be 73 prohibited from becoming a member state of the compact. 74 (3) The Legislature further finds that it is a public 75 HB 1237 2026 CODING: Words stricken are deletions; words underlined are additions. hb1237-00 Page 4 of 4 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 necessity that the recordings, minutes,
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