Senate Bill 2352

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    Florida Senate - 2000                                  SB 2352

    By Senator Silver





    38-1486-00

  1                      A bill to be entitled

  2         An act relating to public records and meetings;

  3         providing that confidential information

  4         obtained by the State Child Death Review

  5         Committee, a local committee, or a panel or

  6         committee assembled by either, or by a hospital

  7         or health care practitioner from any of those

  8         entities, shall remain confidential; providing

  9         an exemption from public records and public

10         meeting requirements for specified records and

11         meetings of the state committee, a local

12         committee, or a panel or committee assembled by

13         either, relating to child fatalities; providing

14         a penalty; providing for future legislative

15         review and repeal; providing a finding of

16         public necessity; providing a contingent

17         effective date.

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

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21         Section 1.  Confidentiality of information obtained by

22  child death review committees.--

23         (1)  All information that is confidential or exempt

24  from public records requirements by operation of law and that

25  is obtained by the State Child Death Review Committee or a

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

27  state committee or a local committee, shall retain that status

28  and is exempt from section 119.07(1), Florida Statutes, and

29  Section 24(a) of Article I of the State Constitution.

30         (2)  All information that is confidential or exempt

31  from public records requirements by operation of law and that

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    Florida Senate - 2000                                  SB 2352
    38-1486-00




  1  is obtained by a hospital or a health care practitioner, as

  2  defined by section 455.501, Florida Statutes, from the State

  3  Child Death Review Committee or a local committee, or a panel

  4  or committee assembled by the state committee or a local

  5  committee, shall retain that status and is exempt from section

  6  119.07(1), Florida Statutes, and Section 24(a) of Article I of

  7  the State Constitution.

  8         (3)(a)  All reports and records of the State Child

  9  Death Review Committee or a local committee, or a panel or

10  committee assembled by the state committee or a local

11  committee, which relate solely to child fatalities and in

12  which specific persons or incidents are discussed are

13  confidential and exempt from section 119.07(1), Florida

14  Statutes, and Section 24(a) of Article I of the State

15  Constitution.

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

17  Child Death Review Committee or a local committee, or a panel

18  or committee assembled by the state committee or a local

19  committee, which relate solely to child fatalities and during

20  which specific persons or incidents are discussed are exempt

21  from section 286.011, Florida Statutes, and Section 24(b) of

22  Article I of the State Constitution. The state committee or a

23  local committee 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 Committee or a local committee are

27  confidential and not subject to subpoena, discovery, or

28  introduction into evidence in any civil or criminal

29  proceedings or to a public records request, except that

30  information, documents, and records otherwise available from

31  other sources are not immune from subpoena, discovery, or

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    Florida Senate - 2000                                  SB 2352
    38-1486-00




  1  introduction into evidence from those sources solely because

  2  they were presented to or reviewed by a committee.

  3         (5)  The State Child Death Review Committee and local

  4  committees may share with each other any relevant information

  5  regarding case reviews involving a child's death, which

  6  information is made confidential and exempt by this section.

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

  8  misdemeanor of the first degree, punishable as provided in

  9  section 775.082 or section 775.083, Florida Statutes.

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

11  Sunset Review Act of 1995 in accordance with section 119.15,

12  Florida Statutes, and shall stand repealed on October 2, 2005,

13  unless reviewed and saved from repeal through reenactment by

14  the Legislature.

15         Section 2.  Access by the State Child Death Review

16  Committee or a local committee, or a panel or committee

17  assembled by the state committee or a local committee, to

18  records that are otherwise confidential increases the

19  potential for reduced morbidity or mortality of children and

20  reduces the potential for poor outcomes for children, thereby

21  improving the overall quality of life for children. The

22  Legislature finds that it is a public necessity that such

23  information remain confidential in the hands of the state

24  committee, a local committee, or a panel or committee

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

26  care practitioner who obtains such information from those

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

28  necessity that records and reports of the State Child Death

29  Review Committee or a local committee, or a panel or committee

30  assembled by the state committee or a local committee, and

31  portions of meetings thereof, which relate solely to child

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    Florida Senate - 2000                                  SB 2352
    38-1486-00




  1  fatalities and where specific persons or incidents are

  2  discussed, be confidential and exempt from public records and

  3  public meeting requirements. Otherwise, sensitive or personal

  4  information concerning children would be disclosed and open

  5  communication and coordination among the parties involved in

  6  the child fatality reviews would be hampered. Accordingly, the

  7  Legislature finds that the harm to the public which would

  8  result from the release of such information substantially

  9  outweighs any minimal public benefit derived therefrom.

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

11  that Senate Bill     or similar legislation takes effect, if

12  such legislation is enacted in the same legislative session or

13  an extension thereof.

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16                          SENATE SUMMARY

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

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