House Bill 1645

CODING: Words stricken are deletions; words underlined are additions.







    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:

20

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.

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 1645

    169-431-99






  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

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 1645

    169-431-99






  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

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 1645

    169-431-99






  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.

13

14            *****************************************

15                          HOUSE SUMMARY

16
      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.

23

24

25

26

27

28

29

30

31

                                  4