Bill Text: FL S0454 | 2019 | Regular Session | Comm Sub

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Bill Title: Public Records and Public Meetings/Elder Abuse Fatality Review Team

Spectrum: Bipartisan Bill

Status: (Failed) 2019-05-03 - Died in Governmental Oversight and Accountability [S0454 Detail]

Download: Florida-2019-S0454-Comm_Sub.html

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       Florida Senate - 2019                              CS for SB 454
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Gibson
       
       
       
       
       586-02490-19                                           2019454c1
    1                        A bill to be entitled                      
    2         An act relating to public records and public meetings;
    3         amending s. 415.1103, F.S.; specifying that
    4         information obtained by an elder abuse fatality review
    5         team which is exempt or confidential and exempt from
    6         public records requirements retains its protected
    7         status; providing an exemption from public records
    8         requirements for identifying information of an elder
    9         abuse victim in records created by a review team;
   10         providing an exemption from public meetings
   11         requirements for portions of review team meetings at
   12         which exempt or confidential and exempt information or
   13         the identity of an elder abuse victim is discussed;
   14         providing for future legislative review and repeal;
   15         providing statements of public necessity; providing a
   16         contingent effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsections (10), (11), and (12) are added to
   21  section 415.1103, Florida Statutes, as created by SB 452, to
   22  read:
   23         415.1103 Elder abuse fatality review teams.—
   24         (10)(a) Any information that is exempt or confidential and
   25  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   26  Constitution and that is obtained by an elder abuse fatality
   27  review team conducting a review under this section retains its
   28  exempt or confidential and exempt status when held by that team.
   29         (b) Any information contained in a record created by an
   30  elder abuse fatality review team which reveals the identity of a
   31  victim of elder abuse is confidential and exempt from s.
   32  119.07(1) and s. 24(a), Art. I of the State Constitution.
   33         (11) Those portions of meetings of an elder abuse fatality
   34  review team at which exempt or confidential and exempt
   35  information or the identity of a victim of elder abuse is
   36  discussed are exempt from s. 286.011 and s. 24(b), Art. I of the
   37  State Constitution.
   38         (12) Subsections (10) and (11) are subject to the Open
   39  Government Sunset Review Act in accordance with s. 119.15 and
   40  shall stand repealed on October 2, 2024, unless reviewed and
   41  saved from repeal through reenactment by the Legislature.
   42         Section 2. (1) The Legislature finds that it is a public
   43  necessity that information that is exempt or confidential and
   44  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   45  Article I of the State Constitution remain exempt or
   46  confidential and exempt when held by an elder abuse fatality
   47  review team and that any information contained in a record
   48  created by an elder abuse fatality review team which reveals the
   49  identity of a victim of elder abuse be confidential and exempt
   50  from public records requirements. Otherwise, sensitive personal
   51  information concerning victims of elder abuse would be
   52  disclosed, and open communication and coordination among the
   53  parties involved in elder abuse fatality review teams would be
   54  hampered. The harm that would result from the release of such
   55  information substantially outweighs any public benefit that
   56  would be achieved by disclosure.
   57         (2) The Legislature further finds that it is a public
   58  necessity that portions of meetings of an elder abuse fatality
   59  review team at which exempt or confidential and exempt
   60  information or the identity of a victim of elder abuse is
   61  discussed be exempt from s. 286.011, Florida Statutes, and s.
   62  24(b), Article I of the State Constitution. The failure to close
   63  portions of meetings at which exempt or confidential and exempt
   64  information or the identity of a victim of elder abuse is
   65  discussed would defeat the purpose of the public records
   66  exemption. Further, the Legislature finds that the exemption is
   67  narrowly tailored to apply to only certain portions of meetings
   68  of elder abuse fatality review teams to allow for public
   69  oversight.
   70         Section 3. This act shall take effect on the same date that
   71  SB 452 or similar legislation takes effect, if such legislation
   72  is adopted in the same legislative session or an extension
   73  thereof and becomes a law.