Senate Bill sb0676

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    Florida Senate - 2005                                   SB 676

    By Senator Saunders





    37-655-05

  1                      A bill to be entitled

  2         An act relating to public records and meetings;

  3         creating s. 383.411, F.S.; exempting from

  4         public disclosure certain personal information

  5         concerning child fatalities investigated by the

  6         State Child Abuse Death Review Committee, a

  7         local committee, or a panel or committee

  8         assembled by the state committee or a local

  9         committee; exempting portions of meetings of

10         the state committee, a local committee, or a

11         panel or committee assembled by the state

12         committee or a local committee from public

13         meetings requirements if certain personal

14         information is discussed; providing that

15         information made confidential under the act

16         retains its confidential status; providing that

17         information contained in records acquired by

18         the State Child Abuse Death Review Committee or

19         a local committee is not subject to subpoena,

20         discovery, or introduction into evidence in a

21         civil or criminal proceeding; authorizing the

22         state committee and a local committee to share

23         information with each other committee;

24         providing a penalty for the unauthorized

25         disclosure of confidential information

26         concerning child fatalities; providing for

27         future repeal and legislative review under the

28         Open Government Sunset Review Act; providing a

29         statement of public necessity; repealing s.

30         383.410, F.S., relating to an exemption from

31         public records and meetings requirements

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    Florida Senate - 2005                                   SB 676
    37-655-05




 1         formerly provided for records held by the State

 2         Child Abuse Death Review Committee, a local

 3         committee, or a panel or committee assembled by

 4         the state committee or a local committee;

 5         providing an effective date.

 6  

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

 8  

 9         Section 1.  Section 383.411, Florida Statutes, is

10  created to read:

11         383.411  Exemptions from public records and meeting

12  requirements.--

13         (1)(a)  Any information that reveals the identity of

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

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

16  that is contained in a record relating solely to the child's

17  death which is created by the State Child Abuse Death Review

18  Committee or a local committee, or a panel or committee

19  assembled by the state committee or a local committee pursuant

20  to s. 383.402, is confidential and exempt from s. 119.07(1)

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

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

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

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

25  committee pursuant to s. 383.402, which relate solely to a

26  child fatality and in which the identity of any of the

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

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

29  discussed are exempt from s. 286.011 and s. 24(b), Art. I of

30  the State Constitution.

31  

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    Florida Senate - 2005                                   SB 676
    37-655-05




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

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

 3  Constitution which is obtained by the State Child Abuse Death

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

 5  assembled by the state committee or a local committee pursuant

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

 7         (b)  All information contained in records acquired by

 8  the State Child Abuse Death Review Committee or a local

 9  committee is not subject to subpoena, discovery, or

10  introduction into evidence in any civil or criminal

11  proceeding. Such information, documents, and records otherwise

12  available from other sources are not immune from subpoena,

13  discovery, or introduction into evidence solely because such

14  information, documents, or records were presented to or

15  reviewed by a committee.

16         (3)  The State Child Abuse Death Review Committee and a

17  local committee may share with each other any relevant

18  information regarding the case review involving a child's

19  death, which information is made confidential and exempt by

20  this section.

21         (4)  Any person who knowingly or willfully makes public

22  or discloses to any unauthorized person any information made

23  confidential and exempt from public disclosure under this

24  section commits a misdemeanor of the first degree, punishable

25  as provided in s. 775.082 or s. 775.083.

26         (5)  This section is subject to the Open Government

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

28  shall stand repealed on October 2, 2010, unless reviewed and

29  saved from repeal through reenactment by the Legislature.

30         Section 2.  Access by the State Child Abuse Death

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

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    Florida Senate - 2005                                   SB 676
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 1  assembled by the state committee or a local committee pursuant

 2  to section 383.402, Florida Statutes, to records that are

 3  otherwise confidential increases the potential for preventing

 4  the death of children and reduces the potential for poor

 5  outcomes for children, thereby improving the overall quality

 6  of life for children. The Legislature finds that it is a

 7  public necessity that such information remain confidential in

 8  the hands of the state committee, a local committee, or a

 9  panel or committee assembled pursuant to section 383.402,

10  Florida Statutes. The Legislature further finds that it is a

11  public necessity that records and reports of the State Child

12  Abuse Death Review Committee or a local committee, or a panel

13  or committee assembled by the state committee or a local

14  committee pursuant to section 383.402, Florida Statutes, and

15  portions of meetings thereof, which relate solely to child

16  fatalities and where specific persons or incidents are

17  discussed, be confidential and exempt from public records and

18  public meeting requirements. Otherwise, sensitive and personal

19  information concerning children would be disclosed and open

20  communication and coordination among the parties involved in

21  the review of child fatalities would be hampered. Accordingly,

22  the Legislature finds that the harm to the public that would

23  result from the release of such information substantially

24  outweighs any minimal public benefit derived therefrom.

25         Section 3.  Section 383.410, Florida Statutes, is

26  repealed.

27         Section 4.  This act shall take effect October 1, 2005.

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    Florida Senate - 2005                                   SB 676
    37-655-05




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 2                          SENATE SUMMARY

 3    Provides an exemption from the public records and public
      meetings law for certain records and portions of meetings
 4    relating to child fatalities investigated by the State
      Child Abuse Death Review Committee, a local committee, or
 5    a panel assembled by the state committee or a local
      committee. Delineates those persons whose identities may
 6    be withheld from public disclosure under the act.
      Provides a penalty for unauthorized disclosure. Provides
 7    for future repeal and legislative review of the
      exemption. Repeals a former exemption provided for such
 8    information which expired by operation of law.

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