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.
18
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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