House Bill 1879

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    Florida House of Representatives - 1999                HB 1879

        By Representative Murman






  1                      A bill to be entitled

  2         An act relating to public records and meetings;

  3         creating s. 383.410, F.S.; providing that

  4         confidential information obtained by the State

  5         Child Abuse Death Review Committee, a local

  6         committee, or a panel or committee assembled by

  7         either, or by a hospital or health care

  8         practitioner from any of those entities, shall

  9         remain confidential; providing an exemption

10         from public records and public meeting

11         requirements for specified records and meetings

12         of the state committee, a local committee, or a

13         panel or committee assembled by either,

14         relating to child fatalities; providing a

15         penalty; providing for future review and

16         repeal; providing a finding of public

17         necessity; providing a contingent effective

18         date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  Section 383.410, Florida Statutes, is

23  created to read:

24         383.410  Confidentiality.--

25         (1)  All information that is confidential or exempt

26  from public records requirements by operation of law and that

27  is obtained by the State Child Abuse Death Review Committee or

28  a local committee, or a panel or committee assembled by the

29  state committee or a local committee pursuant to s. 383.402,

30  shall retain that status and is exempt from s. 119.07(1) and

31  s. 24(a), Art. I of the State Constitution.

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    Florida House of Representatives - 1999                HB 1879

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  1         (2)  All information that is confidential or exempt

  2  from public records requirements by operation of law and that

  3  is obtained by a hospital or a health care practitioner as

  4  defined by s. 455.501 from the State Child Abuse Death Review

  5  Committee or a local committee, or a panel or committee

  6  assembled by the state committee or a local committee pursuant

  7  to s. 383.402, shall retain that status and is exempt from s.

  8  119.07(1) and s. 24(a), Art. I of the State Constitution.

  9         (3)(a)  Any information that would reveal the name,

10  address, or telephone number of, or information that would

11  identify any of the deceased's surviving siblings, family

12  members, or others living in the home, in reports or records

13  created by the State Child Abuse Death Review Committee or

14  local committee, or a panel or committee assembled by the

15  state committee or a local committee pursuant to s. 383.402,

16  which relates solely to child fatalities and in which specific

17  persons or incidents are discussed is confidential and exempt

18  from s. 119.07(1) and s. 24(a), Art. I of the State

19  Constitution.

20         (b)  Portions of meetings or proceedings of the State

21  Child Abuse Death Review Committee or local committee, or a

22  panel or committee assembled by the state committee or a local

23  committee pursuant to s. 383.402, which relate solely to child

24  fatalities and in which specific persons or incidents are

25  discussed are confidential and exempt from s. 286.011 and s.

26  24(b), Art. I of the State Constitution. The state committee

27  or a local committee may hold periodic public meetings to

28  discuss nonconfidential information or issues.

29         (4)  All information and records acquired by the State

30  Child Abuse Death Review Committee or a local committee are

31  confidential and not subject to subpoena, discovery, or

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    Florida House of Representatives - 1999                HB 1879

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  1  introduction into evidence in any civil or criminal

  2  proceedings, except that information, documents and records

  3  otherwise available from other sources are not immune from

  4  subpoena, discovery, or introduction into evidence from those

  5  sources solely because they were presented to or reviewed by a

  6  committee.

  7         (5)  The State Child Abuse Death Review Committee and

  8  local committees may share with each other any relevant

  9  information regarding case reviews involving child death which

10  information is made confidential and exempt by this section.

11         (6)  Any person who violates this section commits a

12  misdemeanor of the first degree, punishable as provided in s.

13  775.082 or s. 775.083.

14         (7)  This section is subject to the Open Government

15  Sunset Review Act of 1995 in accordance with s. 119.15, and

16  shall stand repealed on October 2, 2004, unless reviewed and

17  saved from repeal through reenactment by the Legislature.

18         Section 2.  Access by the State Child Abuse Death

19  Review Committee or a local committee or a panel or committee

20  assembled by the state committee or a local committee to

21  records that are otherwise confidential increases the

22  potential for reduced morbidity or mortality of children and

23  reduces the potential for poor outcomes for children, thereby

24  improving the overall quality of life for children. The

25  Legislature finds that it is a public necessity that such

26  information remain confidential in the hands of the state

27  committee, a local committee, or a panel or committee

28  assembled by them, and in the hands of a hospital or health

29  care practitioner that obtains such information from those

30  entities. The Legislature further finds that it is a public

31  necessity that records and reports of the State Child Abuse

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    Florida House of Representatives - 1999                HB 1879

    583-162-99






  1  Death Review Committee or a local committee or a panel or

  2  committee assembled by the state committee or a local

  3  committee, and portions of meetings thereof, which relate

  4  solely to child fatalities and where specific persons or

  5  incidents are discussed, be confidential and exempt from

  6  public records and public meeting requirements. Otherwise,

  7  sensitive, personal information concerning children would be

  8  disclosed and open communication and coordination among the

  9  parties involved in the child fatality reviews would be

10  hampered. Accordingly, the Legislature finds that the harm to

11  the public that would result from the release of such

12  information substantially outweighs any minimal public benefit

13  derived therefrom.

14         Section 3.  This act shall take effect on the same date

15  that House Bill 481 or similar legislation takes effect, if

16  such legislation is adopted in the same legislative session or

17  an extension thereof.

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20                       LEGISLATIVE SUMMARY

21
      Provides that confidential information obtained by the
22    State Child Abuse Death Review Committee, a local
      committee, or a panel or committee assembled by either,
23    or obtained by a hospital or health care practitioner
      from any of those entities, shall remain confidential.
24    Provides an exemption from public records and public
      meeting requirements for specified records and meetings
25    of the state committee, a local committee, or a panel or
      committee assembled by either, relating to child
26    fatalities. Provides a penalty. Provides for future
      review and repeal.
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