House Bill 1645
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Florida House of Representatives - 1999 HB 1645
By the Committee on Health Care Services and
Representative Peaden
1 A bill to be entitled
2 An act relating to public records and meetings;
3 creating s. 383.408, F.S.; providing that
4 confidential information obtained by the State
5 Child Death Review Team, a local team, or a
6 panel or committee assembled by either, or by a
7 hospital or health care practitioner from any
8 of those entities, shall remain confidential;
9 providing an exemption from public records and
10 public meeting requirements for specified
11 records and meetings of the state team, a local
12 team, or a panel or committee assembled by
13 either, relating to child deaths; providing a
14 penalty; providing for future review and
15 repeal; providing a finding of public
16 necessity; providing a contingent effective
17 date.
18
19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Section 383.408, Florida Statutes, is
22 created to read:
23 383.408 Confidentiality.--
24 (1) All information which is confidential or exempt
25 from public records requirements by operation of law and which
26 is obtained by the State Child Death Review Team or a local
27 team, or a panel or committee assembled by the state team or a
28 local team pursuant to ss. 383.401-383.409, shall retain that
29 status and is exempt from the provisions of s. 119.07(1) and
30 s. 24(a), Art. I of the State Constitution.
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1 (2) All information which is confidential or exempt
2 from public records requirements by operation of law and which
3 is obtained by a hospital or a health care practitioner, as
4 defined by s. 455.501, from the State Child Death Review Team
5 or a local team, or a panel or committee assembled by the
6 state team or a local team pursuant to ss. 383.401-383.409,
7 shall retain that status and is exempt from the provisions of
8 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
9 (3)(a) All reports and records of the State Child
10 Death Review Team or a local team, or a panel or committee
11 assembled by the state team or a local team pursuant to ss.
12 383.401-383.409, which relate solely to child deaths and in
13 which specific persons or incidents are discussed, are
14 confidential and exempt from the provisions of s. 119.07(1)
15 and s. 24(a), Art. I of the State Constitution.
16 (b) Portions of meetings or proceedings of the State
17 Child Death Review Team or a local team, or a panel or
18 committee assembled by the state team or a local team pursuant
19 to ss. 383.401-383.409, which relate solely to child deaths
20 and during which specific persons or incidents are discussed,
21 are exempt from the provisions of s. 286.011 and s. 24(b),
22 Art. I of the State Constitution. The state team or a local
23 team may hold periodic public meetings to discuss
24 nonconfidential information or issues.
25 (4) All information and records acquired by the State
26 Child Death Review Team or a local team are confidential and
27 not subject to subpoena, discovery, introduction into evidence
28 in any civil or criminal proceedings, or a public records
29 request, except that information, documents, and records
30 otherwise available from other sources are not immune from
31 subpoena, discovery, or introduction into evidence from those
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Florida House of Representatives - 1999 HB 1645
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1 sources solely because they were presented to or reviewed by a
2 team.
3 (5) The State Child Death Review Team and local teams
4 may share with each other any relevant information regarding
5 case reviews involving child death which is made confidential
6 and exempt by this section.
7 (6) Any person who violates any provision of this
8 section commits a misdemeanor of the first degree, punishable
9 as provided in s. 775.082 or s. 775.083.
10 (7) This section is subject to the Open Government
11 Sunset Review Act of 1995 in accordance with s. 119.15, and
12 shall stand repealed on October 2, 2004, unless reviewed and
13 saved from repeal through reenactment by the Legislature.
14 Section 2. Access by the State Child Death Review Team
15 or a local team, or a panel or committee assembled by the
16 state team or a local team, to records that are otherwise
17 confidential increases the potential for reduced morbidity or
18 mortality of children and reduces the potential for poor
19 outcomes for children, thereby improving the overall quality
20 of life for children. The Legislature finds that it is a
21 public necessity that such information remain confidential in
22 the hands of the state team, a local team, or a panel or
23 committee assembled by them, and in the hands of a hospital or
24 health care practitioner that obtains such information from
25 those entities. The Legislature further finds that it is a
26 public necessity that records and reports of the State Child
27 Death Review Team or a local team or a panel or committee
28 assembled by the state team or a local team, and portions of
29 meetings thereof, which relate solely to child deaths and
30 where specific persons or incidents are discussed, be
31 confidential and exempt from public records and public meeting
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Florida House of Representatives - 1999 HB 1645
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1 requirements. If it were otherwise, sensitive, personal
2 information concerning children would be disclosed and open
3 communication and coordination among the parties involved in
4 the child death reviews would be hampered. Accordingly, the
5 Legislature finds that the harm to the public that would
6 result from the release of such information substantially
7 outweighs any minimal public benefit derived therefrom.
8 Section 3. This act shall take effect on the same date
9 that House Bill or similar legislation creating the
10 Florida Child Death Review Act takes effect, if such
11 legislation is adopted in the same legislative session or an
12 extension thereof.
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15 HOUSE SUMMARY
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Provides that confidential information obtained by the
17 State Child Death Review Team, a local team, or a panel
or committee assembled by either, or by a hospital or
18 health care practitioner from any of those entities,
shall remain confidential. Provides an exemption from
19 public records and public meeting requirements for
specified records and meetings of the state team, a local
20 team, or a panel or committee assembled by either,
relating to child deaths. Provides a penalty. Provides
21 for future review and repeal. Takes effect contingent on
adoption of legislation creating the Florida Child Death
22 Review Act.
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