Senate Bill sb0462

    Florida Senate - 2004                                   SB 462

    By the Committee on Health, Aging, and Long-Term Care





    317-352A-04

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act; amending s.

  4         383.410, F.S., relating to exemptions from the

  5         act which are provided for certain records and

  6         portions of meetings concerning child

  7         fatalities investigated by the State Child

  8         Abuse Death Review Committee, a local

  9         committee, or a panel assembled by the state or

10         local committee; saving the exemptions from

11         repeal under the Open Government Sunset Review

12         Act; deleting an exemption provided for certain

13         records obtained by a hospital or health care

14         practitioner which relate to child fatalities;

15         specifying the persons whose identity may be

16         withheld from public disclosure under the

17         exemptions provided for certain records and

18         portions of meetings of the State Child Abuse

19         Death Review Committee, a local committee, or a

20         panel assembled by the state or local

21         committee; revising requirements for the

22         subpoena, discovery, or introduction into

23         evidence in civil or criminal proceedings of

24         information contained in records acquired by

25         the State Child Abuse Death Review Committee or

26         a local committee; revising a penalty

27         applicable to the unauthorized disclosure of

28         confidential information concerning child

29         fatalities; deleting provisions that provide

30         for the repeal of the exemptions under the Open

31  

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






    Florida Senate - 2004                                   SB 462
    317-352A-04




 1         Government Sunset Review Act; providing an

 2         effective date.

 3  

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

 5  

 6         Section 1.  Section 383.410, Florida Statutes, is

 7  amended to read:

 8         383.410  Confidentiality.--

 9         (1)  All information that is confidential or exempt

10  from public records requirements by operation of law and that

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

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

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

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

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

16         (2)  All information that is confidential or exempt

17  from public records requirements by operation of law and that

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

19  defined by s. 456.001 from the State Child Abuse Death Review

20  Committee or a local committee, or a panel or committee

21  assembled by the state committee or a local committee pursuant

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

23  119.07(1) and s. 24(a), Art. I of the State Constitution.

24         (1)(a)(3)(a)  Any information that reveals would reveal

25  the identity name, address, or telephone number of, or

26  information that would identify any of the deceased's

27  surviving siblings, family members, or others living in the

28  home of a deceased child who is the subject of review and

29  which is contained in a record that relates solely to child

30  fatalities and is reports or records created by the State

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

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    Florida Senate - 2004                                   SB 462
    317-352A-04




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

 2  committee pursuant to s. 383.402, which relates solely to

 3  child fatalities and in which specific persons or incidents

 4  are discussed is confidential and exempt from s. 119.07(1) and

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

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

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

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

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

10  fatalities and in which the identity of any of the surviving

11  siblings, family members, or others living in the home of a

12  deceased child who is the subject of review is specific

13  persons or incidents are discussed are confidential and exempt

14  from s. 286.011 and s. 24(b), Art. I of the State

15  Constitution. The state committee or a local committee may

16  hold periodic public meetings to discuss nonconfidential

17  information or issues.

18         (2)(a)  Information made confidential or exempt

19  pursuant to s. 119.07(1) and s. 24(a), Art. I of the State

20  Constitution which is obtained by the State Child Abuse Death

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

22  assembled by the state committee or a local committee pursuant

23  to s. 383.402, shall retain its confidential or exempt status.

24         (b)(4)  All information contained in and records

25  acquired by the State Child Abuse Death Review Committee or a

26  local committee is are confidential and not subject to

27  subpoena, discovery, or introduction into evidence in any

28  civil or criminal proceedings. Such, except that information,

29  documents, and records otherwise available from other sources

30  are not immune from subpoena, discovery, or introduction into

31  

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    Florida Senate - 2004                                   SB 462
    317-352A-04




 1  evidence from those sources solely because they were presented

 2  to or reviewed by a committee.

 3         (3)(5)  The State Child Abuse Death Review Committee

 4  and local committees may share with each other any relevant

 5  information regarding case reviews involving child death which

 6  information is made confidential and exempt by this section.

 7         (4)(6)  Any person who knowingly or willfully makes

 8  public or discloses to any unauthorized person any information

 9  made confidential and exempt under violates this section

10  commits a misdemeanor of the first degree, punishable as

11  provided in s. 775.082 or s. 775.083.

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

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

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

15  saved from repeal through reenactment by the Legislature.

16         Section 2.  This act shall take effect October 1, 2004.

17  

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19                          SENATE SUMMARY

20    Revises exemptions from the public records and public
      meetings law which are provided for certain records and
21    portions of meetings relating to the child fatalities
      investigated by the State Child Abuse Death Review
22    Committee, a local committee, or a panel assembled by the
      state or local committee. Deletes an exemption provided
23    for certain records obtained by a hospital or health care
      practitioner which relate to child fatalities. Delineates
24    those persons whose identities may be withheld from
      public disclosure under the act. Removes a provision that
25    provides for the repeal of the exemptions.

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