SECTION 497.172. Public records exemptions; public meetings exemptions.
Latest version.
1(1) 2EXAMINATION DEVELOPMENT MEETINGS.5-
6(a) 7Those portions of meetings of the board at which licensure examination questions or answers under this chapter are discussed are exempt from s. 30286.01131and s. 24(b), Art. I of the State Constitution. The closed meeting must be recorded, and no portion of the closed meeting may be off the record. The recording shall be maintained by the board.
66(b) 67The recording of a closed portion of a meeting is exempt from s. 80119.07(1)81and s. 24(a), Art. I of the State Constitution.
90(2) 91PROBABLE CAUSE PANEL.94-
95(a) 96Meetings of the probable cause panel of the board, pursuant to s. 108497.153, 109are exempt from s. 113286.011114and s. 24(b), Art. I of the State Constitution. The entire closed meeting must be recorded, and no portion of the closed meeting may be off the record. The recording shall be maintained by the board.
150(b) 151Records of exempt meetings of the probable cause panel of the board are exempt from s. 167119.07(1)168and s. 24(a), Art. I of the State Constitution, until 10 days after a determination regarding probable cause is made pursuant to s. 191497.153192.
193(3) 194EXAMINATIONS, INSPECTIONS, AND INVESTIGATIONS.198-
199(a) 200Except as otherwise provided in this subsection, information held by the department pursuant to a financial examination conducted under this chapter is confidential and exempt from s. 227119.07(1)228and s. 24(a), Art. I of the State Constitution, until the examination is completed or ceases to be active.
247(b) 248Except as otherwise provided in this subsection, information held by the department pursuant to an inspection conducted under this chapter is confidential and exempt from s. 274119.07(1)275and s. 24(a), Art. I of the State Constitution, until the inspection is completed or ceases to be active.
294(c) 295Except as otherwise provided in this subsection, information held by the department pursuant to an investigation of a violation of this chapter is confidential and exempt from s. 323119.07(1)324and s. 24(a), Art. I of the State Constitution, until the investigation is completed or ceases to be active or until 10 days after a determination regarding probable cause is made pursuant to s. 358497.153359.
360(d) 361Information made confidential and exempt pursuant to this subsection may be disclosed by the department as follows:
3781. 379To the probable cause panel of the board, for the purpose of probable cause proceedings pursuant to s. 397497.153398.
3992. 400To any law enforcement agency or other government agency in the performance of its official duties and responsibilities.
4183. 419If the department uncovers information of immediate and serious concern to the public health, safety, or welfare, it may disseminate such information as it deems necessary for the public health, safety, or welfare.
452(e) 453Information made confidential and exempt pursuant to this subsection shall remain confidential and exempt from s. 469119.07(1)470and s. 24(a), Art. I of the State Constitution after the examination, inspection, or investigation is completed or ceases to be active if:
4931. 494The department submits the information to any law enforcement agency or other administrative agency for further examination or investigation. The information shall remain confidential and exempt from s. 522119.07(1)523and s. 24(a), Art. I of the State Constitution until that agency’s examination or investigation is completed or ceases to be active.
5452. 546Disclosure of the information would:
551a. 552Jeopardize the integrity of another active investigation or examination;
561b. 562Reveal the identity of a confidential source; or
570c. 571Reveal investigative or examination techniques or procedures.
578(f) 579For purposes of this subsection, an examination, inspection, or investigation shall be considered active so long as the examination, inspection, or investigation is proceeding with reasonable dispatch and the department has a reasonable good faith belief that the examination, inspection, or investigation may lead to the filing of an administrative, civil, or criminal proceeding or to the denial or conditional grant of an application for license or other approval required under this chapter.
652(4) 653TRADE SECRETS.655-656Trade secrets, as defined in s. 662688.002, 663held by the department or board, are confidential and exempt from s. 675119.07(1)676and s. 24(a), Art. I of the State Constitution.
