The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: SB 7000
INTRODUCER: Health Policy Committee
SUBJECT: OGSR/Nurse Licensure Compact
DATE: March 23, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
Rossitto-Van
Brown HP Submitted as Committee Bill
Winkle
1. McVaney McVaney GO Favorable
2. Rossitto-Van
Phelps RC Favorable
Winkle
I. Summary:
SB 7000 amends s. 464.0096, F.S., to save from repeal the following current public records and
meeting exemptions relating to the Expanded Nurse License Compact (eNLC or compact):
 The personal identifying information of a registered nurse (RN) or licensed practical nurse
(LPN),1 holding a multistate license under the eNLC, other than the nurse’s name, licensure
status, or licensure number, that is held by the Department of Health (DOH) or the Board of
Nursing (BON), and was received from the Coordinated Licensure Information System
(CLIS);
 The recordings, minutes, and records generated during an exempt meeting of the Interstate
Commission of Nurse Licensure Compact Administrators (the commission); and
 A public meeting, or portion of a meeting, of the commission at which matters specifically
exempt from disclosure under the Florida Constitution, or under federal or state statute, are
discussed.
The public record and meeting exemptions in s. 464.0096, F.S., are subject to the Open
Government Sunset Review Act and stand repealed on October 2, 2021, unless reviewed and
reenacted by the Legislature. This bill removes the scheduled repeal of these exemptions.
The bill takes effect on October 1, 2021.
1
The eNLC can apply to an LPN or a “vocational nurse” (VN), which is substantially equivalent to an LPN in some states.
The compact’s language often refers to such a practitioner as an “LPN/VN.” This analysis refers to such practitioners as
LPNs.
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II. Present Situation:
Access to Public Records and Meetings – Generally
The Florida Constitution provides that the public has the right to access government records and
meetings. The public may inspect or copy any public record made or received in connection with
the official business of any public body, officer, or employee of the state, or of persons acting on
their behalf.2 The public also has a right to be afforded notice and access to meetings of any
collegial public body of the executive branch of state government or of any local government. 3
The Legislature’s meetings must also be open and noticed to the public, unless there is an
exception provided for by the Constitution.4
In addition to the Florida Constitution, the Florida Statutes specify conditions under which public
access must be provided to government records and meetings. The Public Records Act5
guarantees every person’s right to inspect and copy any state or local government public record.6
The Sunshine Law7 requires all meetings of any board or commission of any state or local
agency or authority at which official acts are to be taken to be noticed and open to the public.8
The Legislature may create an exemption to public records or open meetings requirements. 9 An
exemption must specifically state the public necessity justifying the exemption10 and must be
tailored to accomplish the stated purpose of the law.11
2
FLA. CONST. art. I, s. 24(a).
3
FLA. CONST. art. I, s. 24(b).
4
Id.
5
Chapter 119, F.S.
6
Section 119.011(12), F.S., defines “public record” to mean “all documents, papers, letters, maps, books, tapes, photographs,
films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means
of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by
any agency.” Section 119.011(2), F.S., defines “agency” to mean “any state, county, district, authority, or municipal officer,
department, division, board, bureau, commission, or other separate unit of government created or established by law
including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of
Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf
of any public agency.” The Public Records Act does not apply to legislative or judicial records. Locke v. Hawkes, 595 So.2d
32 (Fla. 1992). The Legislature’s records are public pursuant to section 11.0431, F.S.
7
Section 286.011, F.S.
8
Section 286.011(1)-(2), F.S. The Sunshine Law does not apply to the Legislature; rather, open meetings requirements for
the Legislature are set out in the Florida Constitution. Article III, section 4(e) of the Florida Constitution provides that
legislative committee meetings must be open and noticed to the public. In addition, prearranged gatherings, between more
than two members of the Legislature, or between the Governor, the President of the Senate, or the Speaker of the House of
Representatives, the purpose of which is to agree upon or to take formal legislative action, must be reasonably open to the
public.
9
FLA. CONST. art. I, s. 24(c). There is a difference between records the Legislature designates as exempt from public records
requirements and those the Legislature designates confidential and exempt. A record classified as exempt from public
disclosure may be disclosed under certain circumstances. Williams v. City of Minneola, 575 So.2d 687 (Fla. 5th DCA 1991).
If the Legislature designates a record as confidential, such record may not be released, to anyone other than the persons or
entities specifically designated in the statutory exemption. WFTV, Inc. v. The School Board of Seminole, 874 So.2d 48 (Fla.
5th DCA 2004).
10
FLA. CONST. art. I, s. 24(c).
11
FLA. CONST. art. I, s. 24(c).
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Executive Agency Records – The Public Records Act
Chapter 119, F.S., known as the Public Records Act, provides that all state, county, and
municipal records are open for personal inspection and copying by any person and that providing
access to public records is a duty of each agency.12
A public record includes virtually any document or recording, regardless of its physical form or
how it may be transmitted.13 The Florida Supreme Court has interpreted the statutory definition
of “public record” to include “material prepared in connection with official agency business
which is intended to perpetuate, communicate, or formalize knowledge of some type.”14
The Florida Statutes specify conditions under which public access to public records must be
provided. The Public Records Act guarantees every person’s right to inspect and copy any public
record at any reasonable time, under reasonable conditions, and under supervision by the
custodian of the public record.15 A violation of the Public Records Act may result in civil or
criminal liability.16
The Legislature may exempt public records from public access requirements by passing a
general law by a two-thirds vote of both the House and the Senate.17 The exemption must state
with specificity the public necessity justifying the exemption and must be no broader than
necessary to accomplish the stated purpose of the exemption.18
General exemptions from the public records requirements are contained in the Public Records
Act.19 Specific exemptions often are placed in the substantive statutes relating to a particular
agency or program.20
12
Section 119.011(2), F.S., defines “agency” as “any state, county, district, authority, or municipal officer, department,
division, board, bureau, commission, or other separate unit of government created or established by law including, for the
purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of Public Counsel, and
any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public
agency.”
13
Section 119.011(12), F.S., defines “public record” to mean “all documents, papers, letters, maps, books, tapes,
photographs, films, sound recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction
of official business by any agency.”
14
Shevin v. Byron, Harless, Schaffer, Reid and Assoc., Inc., 379 So.2d 633, 640 (Fla. 1980).
15
Section 119.07(1)(a), F.S.
16
Section 119.10, F.S. Public records laws are found throughout the Florida Statutes, as are the penalties for violating those
laws.
17
FLA. CONST. art. I, s. 24(c).
18
Id. See, e.g., Halifax Hosp. Medical Center v. News-Journal Corp., 724 So.2d 567 (Fla. 1999) (holding that a public
meetings exemption was unconstitutional because the statement of public necessity did not define important terms and did
not justify the breadth of the exemption); Baker County Press, Inc. v. Baker County Medical Services, Inc., 870 So.2d 189
(Fla. 1st DCA 2004) (holding that a statutory provision written to bring another party within an existing public records
exemption is unconstitutional without a public necessity statement).
19
See, e.g., s. 119.071(1)(a), F.S. (exempting from public disclosure examination questions and answer sheets of
examinations administered by a governmental agency for the purpose of licensure).
20
See, e.g., s. 213.053(2)(a), F.S. (exempting from public disclosure information contained in tax returns received by the
Department of Revenue).
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When creating a public records exemption, the Legislature may provide that a record is “exempt”
or “confidential and exempt.” Custodians of records designated as “exempt” are not prohibited
from disclosing the record; rather, the exemption means that the custodian cannot be compelled
to disclose the record.21 Custodians of records designated as “confidential and exempt” may not
disclose the record except under circumstances specifically defined by the Legislature.22
Executive Agency Meetings – The Sunshine Law
The Florida Constitution provides that the public has the right to access government meetings.
The public also has a right to be afforded notice and access to meetings of any collegial public
body of the executive branch of state government or of any local government.23 The
Legislature’s meetings must also be open and noticed to the public, unless there is an exception
provided for by the Constitution.24 The Sunshine Law25 requires all meetings of any board or
commission of any state or local agency or authority at which official acts are to be taken to be
noticed and open to the public.26
The Legislature may create an exemption to public open meetings requirements.27 An exemption
must specifically state the public necessity justifying the exemption28 and must be tailored to
accomplish the stated purpose of the law.29
Open Government Sunset Review Act
The Act30 prescribes a legislative review process for newly created or substantially amended31
public records or open meetings exemptions, with specified exceptions.32 It requires the
21
See Williams v. City of Minneola, 575 So.2d 683, 687 (Fla. 5th DCA 1991).
22
WFTV, Inc. v. The School Board of Seminole, 874 So.2d 48 (Fla. 5th DCA 2004).
23
FLA. CONST. art. I, s. 24(b).
24
FLA. CONST. art. I, s. 24(b).
25
Section 286.011, F.S.
26
Section 286.011(1)-(2), F.S. The Sunshine Law does not apply to the Legislature; rather, open meetings requirements for
the Legislature are set out in the Florida Constitution. Article III, section 4(e) of the Florida Constitution provides that
legislative committee meetings must be open and noticed to the public. In addition, prearranged gatherings, between more
than two members of the Legislature, or between the Governor, the President of the Senate, or the Speaker of the House of
Representatives, the purpose of which is to agree upon or to take formal legislative action, must be reasonably open to the
public.
27
FLA. CONST. art. I, s. 24(c). There is a difference between records the Legislature designates as exempt from public records
requirements and those the Legislature designates confidential and exempt. A record classified as exempt from public
disclosure may be disclosed under certain circumstances. Williams v. City of Minneola, 575 So.2d 687 (Fla. 5th DCA 1991).
If the Legislature designates a record as confidential, such record may not be released, to anyone other than the persons or
entities specifically designated in the statutory exemption. WFTV, Inc. v. The School Board of Seminole, 874 So.2d 48 (Fla.
5th DCA 2004).
28
FLA. CONST. art. I, s. 24(c).
29
FLA. CONST. art. I, s. 24(c).
30
Section 119.15, F.S.
31
An exemption is considered to be substantially amended if it is expanded to include more records or information or to
include meetings, as well as records. Section 119.15(4)(b), F.S.
32
Section 119.15(2)(a) and (b), F.S., provide that exemptions that are required by federal law or are applicable solely to the
Legislature or the State Courts System are not subject to the Open Government Sunset Review Act.
BILL: SB 7000 Page 5
automatic repeal of such exemption on October 2nd of the fifth year after creation or substantial
amendment unless the Legislature reenacts the exemption.33
The Act provides that a public records or open meetings exemption may be created or
maintained only if it serves an identifiable public purpose and is no broader than is necessary.34
An exemption serves an identifiable purpose if it meets one of the following purposes and the
Legislature finds that the purpose of the exemption outweighs open government policy and
cannot be accomplished without the exemption:
 The exemption allows the state or its political subdivisions to effectively and efficiently
administer a governmental program and such administration would be significantly impaired
without the exemption;35
 The exemption protects sensitive, personal information, the release of which would be
defamatory, cause unwarranted damage to the good name or reputation of the individual, or
would jeopardize the individual’s safety. If this public purpose is cited as the basis of an
exemption, however, only personal identifying information is exempt;36 or
 The exemption protects information of a confidential nature concerning entities, such as trade
or business secrets.37
The Act also requires specified questions to be considered during the review process.38 In
examining an exemption, the Act directs the Legislature to carefully question the purpose and
necessity of reenacting the exemption.
If the exemption is continued and expanded, then a public necessity statement and a two-thirds
vote for passage are required.39 If the exemption is continued without substantive changes or if
the exemption is continued and narrowed, then a public necessity statement and a two-thirds vote
for passage are not required. If the Legislature allows an exemption to sunset, then records
created before the sunset date may not be made public unless otherwise provided by law.40
33
Section 119.15(3), F.S.
34
Section 119.15(6)(b), F.S.
35
Section 119.15(6)(b)1., F.S.
36
Section 119.15(6)(b)2., F.S.
37
Section 119.15(6)(b)3., F.S.
38
Section 119.15(6)(a), F.S. The specified questions are:
 What specific records or meetings are affected by the exemption?
 Whom does the exemption uniquely affect, as opposed to the general public?
 What is the identifiable public purpose or goal of the exemption?
 Can the information contained in the records or discussed in the meeting be readily obtained by alternative means?
If so, how?
 Is the record or meeting protected by another exemption?
 Are there multiple exemptions for the same type of record or meeting that it would be appropriate to merge?
39
See generally s. 119.15, F.S.
40
Section 119.15(7), F.S.
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Practitioner Profiles
Pursuant to s. 456.041, F.S., the DOH operates a database of Florida’s healthcare practitioners,
including nurses. The practitioner profile database is online and searchable.41 A profile may
include info