HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 101 Pub. Rec. & Meetings/Social Work Licensure Interstate Compact
SPONSOR(S): Health & Human Services Committee, Healthcare Regulation Subcommittee, Hunschofsky
and others
TIED BILLS: CS/HB 99 IDEN./SIM. BILLS: SB 70
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Healthcare Regulation Subcommittee 14 Y, 1 N, As CS Curry McElroy
2) Ethics, Elections & Open Government 15 Y, 0 N Robinson Toliver
Subcommittee
3) Health & Human Services Committee 18 Y, 0 N, As CS Curry Calamas
SUMMARY ANALYSIS
CS/HB 99, with which this bill is linked, authorizes Florida to enter into the Social Work Licensure Interstate
Compact (Social Work Compact or compact) by enacting its provisions into Florida law. The Social Work
Compact is an interstate compact that facilitates multistate practice of social work both in-person and through
telehealth to patients in other compact states. The compact requires member states to submit each social
worker’s licensure records, including, any adverse actions taken against a social worker’s ability to practice, to
a coordinated data system. The compact creates the Social Work Licensure Interstate Compact Commission
(Commission), which is responsible for creating and enforcing the rules and regulations that administer and
govern the compact.
CS/HB 101 creates a public records exemption for a social worker’s personal identifying information, other than
the name, licensure information, or licensure number, obtained from the data system and held by the
Department of Health (DOH) or the Board of Clinical Social Work, Marriage and Family Therapy, and Mental
Health Counseling from public record requirements, unless the laws of the state that originally reported the
information authorizes disclosure.
The bill allows the Commission to convene in a closed meeting if the meeting is held to receive legal advice or
to discuss certain specified items. The bill also creates a public meeting exemption for Commission meetings
in which a matter discussed is specifically exempted from disclosure by federal or state statute. The bill
provides that any recordings, minutes, and records generated from such a meeting, or portions of such
meeting, are also exempt from public record requirements.
The bill provides that the public records and public meeting exemptions are subject to the Open Government
Sunset Review Act and will stand repealed on October 2, 2029, unless saved from repeal by reenactment by
the Legislature. The bill also includes the constitutionally required public necessity statements.
The bill will become effective on the same date as CS/HB 99 or similar legislation takes effect, if such
legislation is adopted in the same legislative session or an extension thereof and becomes law.
This bill will have a significant, negative fiscal impact on DOH and no fiscal impact on local governments. See
Fiscal Analysis.
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded public record or public meeting exemption.
The bill creates a public record and public meeting exemption; thus, it requires a two-thirds vote for
final passage.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Open Government
The Florida Constitution sets forth the state’s public policy regarding access to government records and
meetings. Every person is guaranteed a right to inspect or copy any public record of the legislative,
executive, and judicial branches of government and all meetings of any collegial public body of a
county, municipality, school district, or special district, at which official acts are to be taken or at which
public business of such body is to be transacted or discussed, must be open and noticed to the public .1
The Legislature, however, may provide by general law for an exemption2 from public record or meeting
requirements provided the exemption passes by two-thirds vote of each chamber, states with specificity
the public necessity justifying the exemption, and is no broader than necessary to meet its public
purpose.3
Pursuant to the Open Government Sunset Review Act (OGSR Act), 4 a new public record or meeting
exemption or substantial amendment of an existing exemption is repealed on October 2nd of the fifth
year following enactment, unless the Legislature reenacts the exemption. 5
Public Records
The Florida Statutes also address the public policy regarding access to government records ,
guaranteeing every person a right to inspect and copy any state, county, or municipal record, unless
the record is exempt.6 Furthermore, the OGSR Act provides that a public record exemption may be
created, revised, or maintained only if it serves an identifiable public purpose and the Legislature finds
that purpose to be “sufficiently compelling to override the strong public policy of open government and
cannot be accomplished without the exemption.” 7 An identifiable public purpose is served if the
exemption meets one of the following purposes:
 Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption;
 Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only an individual may be exempted under this
provision; or
 Protect trade or business secrets.8
Public Meetings
The Florida Statutes also address public policy regarding access to government meetings, further
requiring all meetings of any board or commission of any state agency or authority, or of any agency or
authority of any county, municipality, or political subdivision, at which official acts are to be taken be
open to the public at all times, unless the meeting is exempt.9 The board or commission must provide
1 Art. I, s. 24(a) and (b), FLA. C ONST.
2 An “exemption” means a provision of general law which provides that a specified record or meeting, or portion thereof, is not subject
to the access requirements of s. 119.07(1), F.S., s. 286.011, or s. 24, Art. I of the State Constitution. See s. 119.011(8), F.S.
3 Art. I, s. 24(c), FLA. C ONST.
4 S. 119.15, F.S.
5 S. 119.15(3), F.S.
6 See s. 119.01, F.S.
7 S. 119.15(6)(b), F.S.
8 Id.
9 S. 286.011(1), F.S.
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 reasonable notice of all public meetings.10 Public meetings may not be held at any location that
discriminates on the basis of sex, age, race, creed, color, origin, or economic status or that operates in
a manner that unreasonably restricts the public’s access to the facility. 11 Minutes of a public meeting
must be promptly recorded and open to public inspection. 12 Failure to abide by public meeting
requirements will invalidate any resolution, rule, or formal action adopted at a meeting. 13 A public officer
or member of a governmental entity who violates public meeting requirements is subject to civil and
criminal penalties.14
Social Work Licensure Interstate Compact
CS/HB 99 authorizes Florida to enter into the Social Work Licensure Interstate Compact (Social Work
Compact or compact) by enacting its provisions into Florida law. The Social Work Compact was
created to facilitate multistate practice of licensed social work both in-person and through telehealth.
The compact is governed by the Social Work Licensure Interstate Compact Commission (Commission),
which is responsible for creating and enforcing the rules and regulations that administer and govern the
compact.
Under the compact, a multistate license to practice as a regulated social worker is issued by the
licensing authority in the applicant’s home state and authorizes the social worker to practice in all
compact member states. Compact states are required to accept multistate licenses from other compact
member states as authorization to practice in each member state. A social worker practicing under the
compact practice privileges must comply with the practice laws of the state in which he or she is
practicing or where the patient is located.
Under the compact, member states are required to report a social worker’s identifying information,
licensure data, any adverse actions taken against a social worker’s license,15 nonconfidential
information related to the social worker’s participation in alternative programs, licensure application
denials and the reason for such denials, current significant investigative information, and any other
information that may facilitate the administration of the compact or the protection of the public, as
determined by Commission rules. A member state may designate information submitted to the data
system that may not be shared with the public without the express permission of that member state. 16
Coordinated Licensure Data System
The compact requires all compact states to share licensee information. 17 To expedite this data-sharing,
compact member states must submit a uniform dataset to a coordinated data system on all social
workers to whom the compact is applicable. Under the compact, Florida will be sharing information
which is not currently exempt from disclosure requirements under s. 119.07(1), F.S. and s. 24(a), Art. 1
of the Florida Constitution, including:18
 Identifying information;
 Licensure data;
 Significant investigatory information;
 Adverse actions against a counselor’s license;
 Nonconfidential information related to participation in alternative programs;
 Any licensure application denials and reasons for such denial; and
10 Id.
11 S. 286.011(6), F.S.
12 S. 286.011(2), F.S.
13 S. 286.011(1), F.S.
14 S. 286.011(3), F.S. Penalties include a fine of up to $500 or a second degree misdemeanor.
15 Adverse action is any disciplinary action that is a matter of public record which is taken by a state’s counselor regulatory authority
against a counselor’s license to practice in that state.
16 Social Work Licensure Compact Model Legislation, at https://swcompact.org/wp-content/uploads/sites/30/2023/11/Social-Work-
Licensure-Compact-Final-PDF.pdf (last visited January 4, 2024).
17 Id.
18 Id.
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  Other information, determined by Commission rule, which may facilitate the administration of
the compact.
Under the compact, data system information that is expunged according to federal law or the laws of the
reporting compact state are removed from the data system.19
Commission Meetings
Under the compact, Commission meetings must be open to the public and public notice must be given.
However, for the discussion of certain specified topics, the compact does require that the Commission be
allowed to conduct closed meetings in certain circumstances. To conduct closed meetings in Florida, a
specific exemption from the public meeting requirements under s. 24, Art. I of the State Constitution and s.
286.011, F.S. is needed. Current law does not provide a public meeting exemption for Commission
meetings.
Effect of the Bill
CS/HB 101 allows the Commission or the executive committee or other committee of the Commission to
convene in a closed meeting if the meeting is held to receive legal advice or if the Commission must
discuss certain items including:
 Noncompliance of a compact member state with its obligations under the compact;
 The employment, compensation, discipline, or other matter, practices or procedures related to
specific employees;
 Current or threatened discipline of a licensee by the Commission or by a member state's
licensing authority;
 Current, threatened, or reasonably anticipated litigation;
 Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
 Accusing any person of a crime or formally censuring any person;
 Trade secrets or commercial or financial information that is privileged or confidential;
 Information of a personal nature if disclosure would constitute a clearly unwarranted invasion of
personal privacy;
 Investigative records compiled for law enforcement purposes;
 Information related to any investigative reports prepared by, or on behalf of, or for use of the
Commission or other committee charged with the responsibility of investigation or determination
of compliance issues pursuant to the compact;
 Matters specifically exempted from disclosure by federal or member state law; or
 Other matters as adopted by the commission by rule.
Additionally, under CS/HB 101 recordings, minutes, and records generated during any portion of an
exempt meeting are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
The bill exempts a social worker’s personal identifying information, other than the social worker’s name,
licensure information, or licensure number, obtained from the data system and held by DOH or the Board
of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling20 from public records
requirements, unless the laws of the state that originally reported the information authorize its disclosure.
Disclosure under such circumstance is limited to the extent permitted under the laws of the reporting state.
19Id.
20There is a difference between records the Legislature designates exempt from public record requirements and those the Legislature
deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain circumstances.
See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So.2d 1015 (Fla. 2004); City of
Rivera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So.2d 683, 687 (Fla. 5th DCA 1991). If
the Legislature designates a record as confidential and exempt from public disclosure, such record may not be released by the
custodian of public records to anyone other than the persons or entities specifically designated in statute. See Op. Att’y Gen. Fla. 04-
09 (2004).
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 The bill also creates a public meeting exemption for Commission meetings at which the Commission
discusses matters specifically exempt from disclosure by state or federal law. Recordings, minutes, and
records generated during an exempt portion of a Commission meeting, or portion of a meeting, are also
exempt from public disclosure.
Additionally, the bill provides public necessity statements for the public meeting and public record
exemptions, as required by the State Constitution. The public necessity statement for the public meeting
exemption provides that, without the exemption, the state will be prohibited from becoming a party to the
compact and would be unable to effectively and efficiently administer the compact. The public necessity
statement for the public record exemption provides that, without the exemption for the recordings, minutes,
and records generated during an exempt meeting, the release of such information would negate the public
meeting exemption.
The bill provides that the public records and public meeting exemptions are subject to the OGSR Act and
will stand repealed on October 2, 2029, unless saved from repeal by reenactment by the Legislature.
The effective date of the bill is the same date that CS/HB 99 or similar legislation takes effect, if such
legislation is adopted in the same legislative session or an extension thereof and becomes law.
B. SECTION DIRECTORY:
Section 1: Creates section 491.023, F.S., relating to Social Work Licensure Interstate Compact
Commission; public meetings and public records exemptions.
Section 2: Provides public necessity statements as required by the State Constitution.
Section 3: Provides that the bill is effective on the same date as HB 99 (2024) or similar legislation
takes effect.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
DOH will experience a non-recurring increase in workload associated with updating the License
Verification Search Site and data exchange services due to differences in exem