Senate Bill sb0676c1

    Florida Senate - 2005                            CS for SB 676

    By the Committee on Governmental Oversight and Productivity;
    and Senator Saunders




    585-2309-05

  1                      A bill to be entitled

  2         An act relating to public records and public

  3         meetings exemptions; creating s. 383.412, F.S.;

  4         providing an exemption from public records

  5         requirements for any information that reveals

  6         the identity of surviving siblings, family

  7         members, or others living in the home of a

  8         deceased child who is the subject of review by,

  9         and which information is held by, the State

10         Child Abuse Death Review Committee or local

11         committee, or a panel or committee assembled by

12         the state committee or a local committee;

13         providing that confidential or exempt

14         information obtained by such committees or

15         panels will retain its confidential or exempt

16         status; providing an exemption from public

17         meetings requirements for portions of meetings

18         of such committees or panels wherein

19         confidential and exempt information is

20         discussed; authorizing the State Child Abuse

21         Death Review Committee and local child abuse

22         death review committees to share with each

23         other relevant confidential and exempt

24         information regarding case reviews involving

25         child death; providing a penalty for the

26         unauthorized disclosure of confidential

27         information concerning child fatalities;

28         providing for future review and repeal under

29         the Open Government Sunset Review Act;

30         providing a statement of public necessity;

31         providing an effective date.

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






    Florida Senate - 2005                            CS for SB 676
    585-2309-05




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

 2  

 3         Section 1.  Section 383.412, Florida Statutes, is

 4  created to read:

 5         383.412  Public records and public meetings

 6  exemptions.--

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

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

 9  the home of a deceased child who is the subject of review by,

10  and which information is held by, the State Child Abuse Death

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

12  assembled by the state committee or a local committee pursuant

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

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

15         (b)  Information made confidential or exempt from s.

16  119.07(1) and s. 24(a), Art. I of the State Constitution that

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

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

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

20  shall retain its confidential or exempt status.

21         (2)  Portions of meetings of the State Child Abuse

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

23  committee assembled by the state committee or a local

24  committee pursuant to s. 383.402, at which information made

25  confidential and exempt pursuant to subsection (1) is

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

27  the State Constitution.

28         (3)  The State Child Abuse Death Review Committee and

29  local committees may share with each other any relevant

30  information regarding case reviews involving child death which

31  information is made confidential and exempt by this section.

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    Florida Senate - 2005                            CS for SB 676
    585-2309-05




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

 2  or discloses to any unauthorized person any information made

 3  confidential and exempt under this section commits a

 4  misdemeanor of the first degree, punishable as provided in s.

 5  775.082 or s. 775.083.

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

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

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

 9  saved from repeal through reenactment by the Legislature.

10         Section 2.  The Legislature finds that it is a public

11  necessity that any information that reveals the identity of

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

13  the home of a deceased child who is the subject of review by,

14  and which information is held by, the State Child Abuse Death

15  Review Committee or a local child abuse death review

16  committee, or a panel or committee assembled by the state

17  committee or a local committee pursuant to section 383.402,

18  Florida Statutes, be held confidential and exempt from

19  public-records requirements. The Legislature further finds

20  that it is a public necessity that such committees and panels

21  be provided access to records that are otherwise confidential

22  or exempt and that such committees and panels be authorized to

23  maintain the confidential or exempt status of such

24  information. These public-records exemptions increase the

25  potential for reduced morbidity or mortality of children and

26  reduce the potential for poor outcomes for children, thereby

27  improving the overall quality of life for children. In the

28  absence of the exemptions, sensitive, personal information

29  concerning children would be disclosed. In addition, the

30  Legislature finds that it is a public necessity that portions

31  of meetings of the State Child Abuse Death Review Committee or

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    Florida Senate - 2005                            CS for SB 676
    585-2309-05




 1  a local child abuse death review committee, or a panel or

 2  committee assembled by the state committee or a local

 3  committee pursuant to section 383.402, Florida Statutes,

 4  wherein confidential and exempt information is discussed be

 5  made exempt from public-meetings requirements. Without such

 6  exemption, open communication and coordination among the

 7  parties involved in child fatality reviews would be hampered.

 8  Furthermore, release of confidential and exempt information

 9  via a public meeting defeats the purpose of the public-records

10  exemption. Accordingly, the Legislature finds that the harm to

11  the public that would result from the release of such

12  information substantially outweighs any minimal public benefit

13  derived therefrom.

14         Section 3.  This act shall take effect upon becoming a

15  law.

16  

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                         Senate Bill 676

19                                 

20  Narrows the scope of the exemption.

21  Removes substantive provisions that are not an exemption or
    related to enforcement as required by s. 24, Art. I of the
22  State Constitution.

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