Florida Senate - 2017                                     SB 520
       
       
        
       By Senator Gibson
       
       6-00879-17                                             2017520__
    1                        A bill to be entitled                      
    2         An act relating to public records and public meetings;
    3         amending s. 825.107, F.S., as created by SB __;
    4         specifying that information obtained by an elder abuse
    5         fatality review team which is confidential or exempt
    6         from public records requirements retains its protected
    7         status; providing an exemption from public records
    8         requirements for identifying information of an elder
    9         abuse victim in records created by a review team;
   10         providing an exemption from public meetings
   11         requirements for portions of review team meetings at
   12         which confidential or exempt information or the
   13         identity of an elder abuse victim is discussed;
   14         providing for future legislative review and repeal;
   15         providing statements of public necessity; providing a
   16         contingent effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsections (6), (7), and (8) are added to
   21  section 825.107, Florida Statutes, as created by SB __, to read:
   22         825.107 Elder abuse fatality review teams.—
   23         (6)(a) Any information that is confidential or exempt from
   24  s. 119.07(1) and s. 24(a), Art. I of the State Constitution and
   25  that is obtained by an elder abuse fatality review team
   26  conducting a review as provided in subsection (2) retains its
   27  confidential or exempt status when held by an elder abuse
   28  fatality review team.
   29         (b) Any information contained in a record created by an
   30  elder abuse fatality review team which reveals the identity of a
   31  victim of elder abuse is confidential and exempt from s.
   32  119.07(1) and s. 24(a), Art. I of the State Constitution.
   33         (7) Portions of meetings of an elder abuse fatality review
   34  team at which confidential or exempt information or the identity
   35  of a victim of elder abuse is discussed are exempt from s.
   36  286.011 and s. 24(b), Art. I of the State Constitution.
   37         (8) Subsections (6) and (7) are subject to the Open
   38  Government Sunset Review Act in accordance with s. 119.15 and
   39  shall stand repealed on October 2, 2022, unless reviewed and
   40  saved from repeal through reenactment by the Legislature.
   41         Section 2. (1) The Legislature finds that it is a public
   42  necessity that information that is confidential or exempt from
   43  s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
   44  State Constitution remain confidential or exempt when held by an
   45  elder abuse fatality review team and that any information
   46  contained in a record created by an elder abuse fatality review
   47  team which reveals the identity of a victim of elder abuse be
   48  confidential and exempt from public records requirements.
   49  Otherwise, sensitive personal information concerning victims of
   50  elder abuse would be disclosed and open communication and
   51  coordination among the parties involved in the elder abuse
   52  fatality review teams would be hampered. The harm that would
   53  result from the release of such information substantially
   54  outweighs any public benefit that would be achieved by
   55  disclosure.
   56         (2) The Legislature further finds that it is a public
   57  necessity that portions of meetings of an elder abuse fatality
   58  review team at which confidential or exempt information or the
   59  identity of a victim of elder abuse is discussed be exempt from
   60  s. 286.011, Florida Statutes and s. 24(b), Article I of the
   61  State Constitution. The failure to close portions of meetings at
   62  which confidential or exempt information or the identity of a
   63  victim of elder abuse are discussed would defeat the purpose of
   64  the public records exemption. Further, the Legislature finds
   65  that the exemption is narrowly tailored to apply to only certain
   66  portions of meetings of elder abuse fatality review teams to
   67  allow for public oversight.
   68         Section 3. This act shall take effect on the same date that
   69  SB __ or similar legislation takes effect, if such legislation
   70  is adopted in the same legislative session or an extension
   71  thereof and becomes a law.