Bill Text: FL S7040 | 2010 | Regular Session | Introduced

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Bill Title: OGSR/Funeral, Cemetery, & Consumer Services Board

Spectrum: Unknown

Status: (N/A - Dead) 2010-02-02 - Submit as committee bill by Banking and Insurance (SB 1660) [S7040 Detail]

Download: Florida-2010-S7040-Introduced.html

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Florida Senate - 2010         (PROPOSED COMMITTEE BILL) SPB 7040 
 
FOR CONSIDERATION By the Committee on Banking and Insurance 
597-01207-10                                          20107040__ 
1                        A bill to be entitled 
2         An act relating to a review under the Open Government 
3         Sunset Review Act; amending s. 497.172, F.S., relating 
4         to certain meetings of and records held by the Board 
5         of Funeral, Cemetery, and Consumer Services within the 
6         Department of Financial Services; revising exemptions 
7         from public-meetings requirements for meetings of the 
8         board at which licensure examination questions or 
9         answers are discussed and for meetings of the board’s 
10         probable cause panel; providing recordkeeping 
11         requirements for such meetings; providing an exemption 
12         from public-records requirements for photographs of 
13         dead human bodies, or parts thereof, which are held by 
14         the department in the course of an investigation or 
15         inspection; providing certain exceptions; providing 
16         that the exemption applies to photographs obtained by 
17         the department before the effective date of the act; 
18         providing for future legislative review and repeal of 
19         the exemption under the Open Government Sunset Review 
20         Act; providing a finding of public necessity; 
21         providing an effective date. 
22 
23  Be It Enacted by the Legislature of the State of Florida: 
24 
25         Section 1. Section 497.172, Florida Statutes, is amended to 
26  read: 
27         497.172 Public records exemptions; public meetings 
28  exemptions.— 
29         (1) EXAMINATION DEVELOPMENT MEETINGS.—Those portions of 
30  meetings of the board at which licensure examination questions 
31  or answers under this chapter are discussed are exempt from s. 
32  286.011 and s. 24(b), Art. I of the State Constitution. All 
33  exempt portions of meetings shall be recorded and transcribed. 
34  The board shall record the times of commencement and termination 
35  of the meeting, all discussion and proceedings, the names of all 
36  persons present at any time, and the names of all persons 
37  speaking. An exempt portion of any meeting may not be off the 
38  record. 
39         (2) PROBABLE CAUSE PANEL.— 
40         (a) Meetings of the probable cause panel of the board, 
41  pursuant to s. 497.153, are exempt from s. 286.011 and s. 24(b), 
42  Art. I of the State Constitution. All exempt portions of 
43  meetings shall be recorded and transcribed. 
44         (b) Records of exempt meetings of the probable cause panel 
45  of the board are exempt from s. 119.07(1) and s. 24(a), Art. I 
46  of the State Constitution, until 10 days after a determination 
47  regarding probable cause is made pursuant to s. 497.153. 
48         (3) EXAMINATIONS, INSPECTIONS, AND INVESTIGATIONS.— 
49         (a) Except as otherwise provided in this subsection, 
50  information held by the department pursuant to a financial 
51  examination conducted under this chapter is confidential and 
52  exempt from s. 119.07(1) and s. 24(a), Art. I of the State 
53  Constitution, until the examination is completed or ceases to be 
54  active. 
55         (b) Except as otherwise provided in this subsection, 
56  information held by the department pursuant to an inspection 
57  conducted under this chapter is confidential and exempt from s. 
58  119.07(1) and s. 24(a), Art. I of the State Constitution, until 
59  the inspection is completed or ceases to be active. 
60         (c) Except as otherwise provided in this subsection, 
61  information held by the department pursuant to an investigation 
62  of a violation of this chapter is confidential and exempt from 
63  s. 119.07(1) and s. 24(a), Art. I of the State Constitution, 
64  until the investigation is completed or ceases to be active or 
65  until 10 days after a determination regarding probable cause is 
66  made pursuant to s. 497.153. 
67         (d) Information made confidential and exempt pursuant to 
68  this subsection may be disclosed by the department as follows: 
69         1. To the probable cause panel of the board, for the 
70  purpose of probable cause proceedings pursuant to s. 497.153. 
71         2. To any law enforcement agency or other government agency 
72  in the performance of its official duties and responsibilities. 
73         3. If the department uncovers information of immediate and 
74  serious concern to the public health, safety, or welfare, it may 
75  disseminate such information as it deems necessary for the 
76  public health, safety, or welfare. 
77         (e) Information made confidential and exempt pursuant to 
78  this subsection shall remain confidential and exempt from s. 
79  119.07(1) and s. 24(a), Art. I of the State Constitution after 
80  the examination, inspection, or investigation is completed or 
81  ceases to be active if: 
82         1. The department submits the information to any law 
83  enforcement agency or other administrative agency for further 
84  examination or investigation. The information shall remain 
85  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 
86  of the State Constitution until that agency’s examination or 
87  investigation is completed or ceases to be active. 
88         2. Disclosure of the information would: 
89         a. Jeopardize the integrity of another active investigation 
90  or examination; 
91         b. Reveal the identity of a confidential source; or 
92         c. Reveal investigative or examination techniques or 
93  procedures. 
94         (f) For purposes of this subsection, an examination, 
95  inspection, or investigation shall be considered active so long 
96  as the examination, inspection, or investigation is proceeding 
97  with reasonable dispatch and the department has a reasonable 
98  good faith belief that the examination, inspection, or 
99  investigation may lead to the filing of an administrative, 
100  civil, or criminal proceeding or to the denial or conditional 
101  grant of an application for license or other approval required 
102  under this chapter. 
103         (4) TRADE SECRETS; PHOTOGRAPHS OF DECEASED PERSONS.— 
104         (a) Trade secrets, as defined in s. 688.002, held by the 
105  department or board, are confidential and exempt from s. 
106  119.07(1) and s. 24(a), Art. I of the State Constitution. 
107         (b) Photographs of dead human bodies, or parts thereof, 
108  which are taken, obtained by, or in the possession of the 
109  department before, on, or after October 2, 2010, and which are 
110  held as part of an investigation or inspection under this 
111  chapter are confidential and exempt from s. 119.07(1) and s. 
112  24(a), Art. I of the State Constitution, unless, in relation to 
113  the decedent, a surviving spouse consents in writing to the 
114  public release of such photographs. If there is no surviving 
115  spouse, release of the photographs shall be determined by the 
116  legally authorized person pursuant to s. 497.005(37). 
117  Notwithstanding the confidentiality required by this paragraph, 
118  such photographs may be displayed to the board and its probable 
119  cause panel in the course of proceedings under this chapter, and 
120  may be displayed and used as evidence in administrative, civil, 
121  or criminal proceedings, subject to any applicable rules of 
122  evidence. The court or administrative law judge in such 
123  proceedings may issue such orders as deemed necessary or 
124  advisable, requiring the parties to the litigation to maintain 
125  the confidentiality of such photographs, in order to protect the 
126  survivors of the deceased person depicted in the photographs 
127  from unnecessary emotional trauma that may result from the 
128  publication of such photographs. 
129         (5) REVIEW AND REPEAL.—This section is subject to the Open 
130  Government Sunset Review Act in accordance with s. 119.15, and 
131  shall stand repealed on October 2, 2015 2010, unless reviewed 
132  and saved from repeal through reenactment by the Legislature. 
133         Section 2. The Legislature finds that it is a public 
134  necessity that photographs of dead human bodies in the 
135  possession of the Board of Funeral, Cemetery, and Consumer 
136  Services within the Department of Financial Services be made 
137  confidential and exempt from the requirements of s. 119.07(1), 
138  Florida Statutes, and s. 24(a), Article I of the State 
139  Constitution. The Legislature finds that such photographs show 
140  dead human bodies in graphic and often disturbing fashion. Such 
141  photographs may depict or describe the deceased nude, bruised, 
142  bloodied, broken, with bullet or other wounds, cut open, 
143  dismembered, or decapitated. As such, photographs of dead human 
144  bodies are highly sensitive and, if viewed or publicized, could 
145  result in trauma, sorrow, humiliation, or emotional injury to 
146  the immediate family of the deceased, as well as injury to the 
147  memory of the deceased. The Legislature finds that the existence 
148  of the Internet and the proliferation of personal computers 
149  throughout the world encourages and promotes the wide 
150  dissemination of photographs instantly at all hours of the day 
151  and that widespread unauthorized dissemination of photographs 
152  would subject the immediate family of the deceased to continuous 
153  injury. The Legislature further finds that the exemption 
154  provided in this act should be given retroactive application 
155  because it is remedial in nature. 
156         Section 3. This act shall take effect October 1, 2010.