| 1 | A bill to be entitled |
| 2 | An act relating to public records and public meetings |
| 3 | exemptions; creating s. 383.412, F.S.; providing an |
| 4 | exemption from public records requirements for any |
| 5 | information that reveals the identity of surviving |
| 6 | siblings, family members, or others living in the home of a |
| 7 | deceased child who is the subject of review and which is |
| 8 | contained in a record that relates solely to child |
| 9 | fatalities and is created by the State Child Abuse Death |
| 10 | Review Committee or a local child abuse death review |
| 11 | committee, or a panel or committee assembled by the state |
| 12 | committee or a local committee; providing an exemption from |
| 13 | public meetings requirements for portions of meetings or |
| 14 | proceedings of the State Child Abuse Death Review Committee |
| 15 | or a local child abuse death review committee, or a panel |
| 16 | or committee assembled by the state committee or a local |
| 17 | committee, which relate solely to child fatalities and in |
| 18 | which the identity of any of the surviving siblings, family |
| 19 | members, or others living in the home of a deceased child |
| 20 | who is the subject of review is discussed; providing that |
| 21 | confidential or exempt information obtained by the State |
| 22 | Child Abuse Death Review Committee or a local child abuse |
| 23 | death review committee, or a panel or committee assembled |
| 24 | by the state committee or a local committee, shall retain |
| 25 | its confidential or exempt status; providing that |
| 26 | information contained in records acquired by the State |
| 27 | Child Abuse Death Review Committee or a local child abuse |
| 28 | death review committee is not subject to subpoena, |
| 29 | discovery, or introduction into evidence in any civil or |
| 30 | criminal proceedings; authorizing the State Child Abuse |
| 31 | Death Review Committee and local child abuse death review |
| 32 | committees to share relevant confidential and exempt |
| 33 | information regarding case reviews involving child death; |
| 34 | providing a penalty for the unauthorized disclosure of |
| 35 | confidential information concerning child fatalities; |
| 36 | providing for future review and repeal; providing a |
| 37 | statement of public necessity; providing an effective date. |
| 38 |
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| 39 | Be It Enacted by the Legislature of the State of Florida: |
| 40 |
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| 41 | Section 1. Section 383.412, Florida Statutes, is created |
| 42 | to read: |
| 43 | 383.412 Confidentiality.-- |
| 44 | (1)(a) Any information that reveals the identity of the |
| 45 | surviving siblings, family members, or others living in the home |
| 46 | of a deceased child who is the subject of review and which is |
| 47 | contained in a record that relates solely to child fatalities |
| 48 | and is created by the State Child Abuse Death Review Committee |
| 49 | or local committee, or a panel or committee assembled by the |
| 50 | state committee or a local committee pursuant to s. 383.402, is |
| 51 | confidential and exempt from s. 119.07(1) and s. 24(a), Art. I |
| 52 | of the State Constitution. |
| 53 | (b) Portions of meetings or proceedings of the State Child |
| 54 | Abuse Death Review Committee or local committee, or a panel or |
| 55 | committee assembled by the state committee or a local committee |
| 56 | pursuant to s. 383.402, which relate solely to child fatalities |
| 57 | and in which the identity of any of the surviving siblings, |
| 58 | family members, or others living in the home of a deceased child |
| 59 | who is the subject of review is discussed are exempt from s. |
| 60 | 286.011 and s. 24(b), Art. I of the State Constitution. |
| 61 | (2)(a) Information made confidential or exempt pursuant to |
| 62 | s. 119.07(1) and s. 24(a), Art. I of the State Constitution |
| 63 | which is obtained by the State Child Abuse Death Review |
| 64 | Committee or a local committee, or a panel or committee |
| 65 | assembled by the state committee or a local committee pursuant |
| 66 | to s. 383.402, shall retain its confidential or exempt status. |
| 67 | (b) All information contained in records acquired by the |
| 68 | State Child Abuse Death Review Committee or a local committee is |
| 69 | not subject to subpoena, discovery, or introduction into |
| 70 | evidence in any civil or criminal proceedings. Such information, |
| 71 | documents, and records otherwise available from other sources |
| 72 | are not immune from subpoena, discovery, or introduction into |
| 73 | evidence from those sources solely because they were presented |
| 74 | to or reviewed by a committee. |
| 75 | (3) The State Child Abuse Death Review Committee and local |
| 76 | committees may share with each other any relevant information |
| 77 | regarding case reviews involving child death which information |
| 78 | is made confidential and exempt by this section. |
| 79 | (4) Any person who knowingly or willfully makes public or |
| 80 | discloses to any unauthorized person any information made |
| 81 | confidential and exempt under this section commits a misdemeanor |
| 82 | of the first degree, punishable as provided in s. 775.082 or s. |
| 83 | 775.083. |
| 84 | (5) This section is subject to the Open Government Sunset |
| 85 | Review Act of 1995 in accordance with s. 119.15, and shall stand |
| 86 | repealed on October 2, 2010, unless reviewed and saved from |
| 87 | repeal through reenactment by the Legislature. |
| 88 | Section 2. The Legislature finds that it is a public |
| 89 | necessity that any information that reveals the identity of the |
| 90 | surviving siblings, family members, or others living in the home |
| 91 | of a deceased child who is the subject of review and which is |
| 92 | contained in a record that relates solely to child fatalities |
| 93 | and is created by the State Child Abuse Death Review Committee |
| 94 | or a local child abuse death review committee, or a panel or |
| 95 | committee assembled by the state committee or a local committee |
| 96 | pursuant to s. 383.402, Florida Statutes, be held confidential |
| 97 | and exempt from public records requirements. The Legislature |
| 98 | further finds that it is a public necessity that portions of |
| 99 | meetings or proceedings of the State Child Abuse Death Review |
| 100 | Committee or a local child abuse death review committee, or a |
| 101 | panel or committee assembled by the state committee or a local |
| 102 | committee pursuant to s. 383.402, Florida Statutes, which relate |
| 103 | solely to child fatalities and in which the identity of any of |
| 104 | the surviving siblings, family members, or others living in the |
| 105 | home of a deceased child who is the subject of review is |
| 106 | discussed be held exempt from public meetings requirements. |
| 107 | These exemptions are deemed a public necessity in that they |
| 108 | increase the potential for reduced morbidity or mortality of |
| 109 | children and reduce the potential for poor outcomes for |
| 110 | children, thereby improving their overall quality of life. In |
| 111 | the absence of such exemptions, sensitive, personal information |
| 112 | concerning children would be disclosed and open communication |
| 113 | and coordination among the parties involved in child fatality |
| 114 | reviews would be hampered. Accordingly, the Legislature finds |
| 115 | that the harm to the public that would result from the release |
| 116 | of such information substantially outweighs any minimal public |
| 117 | benefit derived therefrom. |
| 118 | Section 3. This act shall take effect October 1, 2005. |