Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. SB 7032
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .                                
             04/02/2015 04:21 PM       .                                

       Senator Bean moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 64 - 134
    4  and insert:
    5         (4) The State Child Abuse Death Review Committee and local
    6  committees may share information made confidential and exempt by
    7  this section:
    8         (a) With each other;
    9         (b)With a governmental agency in furtherance of its
   10  duties; or
   11         (c)With any person or entity authorized by the Department
   12  of Health to use such relevant information for bona fide
   13  research or statistical purposes. A person or entity who is
   14  authorized to obtain such relevant information for research or
   15  statistical purposes must enter into a privacy and security
   16  agreement with the Department of Health and comply with all laws
   17  and rules governing the use of such records and information for
   18  research or statistical purposes. Anything identifying the
   19  subjects of such relevant information must be treated as
   20  confidential by the person or entity and may not be released in
   21  any form any relevant information regarding case reviews
   22  involving child death, which information is made confidential
   23  and exempt by this section.
   24         (5) Any person who knowingly or willfully makes public or
   25  discloses to any unauthorized person any information made
   26  confidential and exempt under this section commits a misdemeanor
   27  of the first degree, punishable as provided in s. 775.082 or s.
   28  775.083.
   29         (6) This section is subject to the Open Government Sunset
   30  Review Act in accordance with s. 119.15, and shall stand
   31  repealed on October 2, 2020 2015, unless reviewed and saved from
   32  repeal through reenactment by the Legislature.
   33         Section 2. The Legislature finds that it is a public
   34  necessity that any information held by the State Child Abuse
   35  Death Review Committee or a local committee as defined in s.
   36  383.412, Florida Statutes, which reveals the identity of a
   37  deceased child whose death has been reported to the central
   38  abuse hotline but determined not to be the result of abuse or
   39  neglect, or the identity of the surviving siblings, family
   40  members, or others living in the home of such deceased child, be
   41  held confidential and exempt from public records requirements.
   42  The Legislature further finds that it is a public necessity that
   43  these committees have the authority to maintain the confidential
   44  or exempt status of records otherwise confidential or exempt
   45  which are provided to them regarding such children. The
   46  Legislature also finds that it is a public necessity that
   47  portions of meetings of the State Child Abuse Death Review
   48  Committee or a local committee wherein the confidential and
   49  exempt information is discussed be made exempt from public
   50  meeting requirements, and that the recordings of closed portions
   51  of such meetings be made exempt from public records
   52  requirements. In 1999, the Legislature authorized the creation
   53  of the committees to review the facts and circumstances
   54  surrounding the deaths of children in this state which occur as
   55  the result of reported child abuse or neglect and to prepare an
   56  annual statistical report on the incidence and causes of death
   57  resulting from child abuse. Since 2004, cases analyzed by the
   58  committees have been limited to reports of verified abuse or
   59  neglect. The Legislature made identifying information of the
   60  surviving siblings, family members, or others living in the home
   61  of the child who died as a result of verified abuse or neglect
   62  confidential and exempt from public records requirements to
   63  ensure that cases could be vetted thoroughly through open
   64  communication without risk of disclosure of the identifying
   65  information. In 2014, the Legislature expanded the scope of
   66  cases reviewed by the committees to include all deaths reported
   67  to the child abuse hotline, regardless of whether the deaths
   68  were the result of verified abuse or neglect, and this act
   69  expands the public records exemption accordingly. If the
   70  identifying information related to these reports were to be
   71  disclosed, it could result in emotional or reputational harm to
   72  the family and caregivers and an unnecessary invasion of their
   73  privacy and the privacy of the deceased child. In addition, the
   74  committees must be able to maintain the otherwise confidential
   75  and exempt status of records that are provided to them to ensure
   76  continued access to such records and the opportunity for a
   77  thorough and open review of cases. Therefore, the Legislature
   78  finds that the harm that may result from the release of such
   79  information through a public records request or a public meeting
   80  substantially outweighs any minimal public benefit that may be
   81  derived from its disclosure.
   82  ================= T I T L E  A M E N D M E N T ================
   83  And the title is amended as follows:
   84         Delete line 15
   85  and insert:
   86         of such a deceased child; reenacting the public
   87         meeting exemption to incorporate changes made by the
   88         act to the public records exemption; authorizing
   89         release of such