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(6) and (7) are subject to the Open 38 Government Sunset Review Act in accordance with s. 119.15 and 39 shall stand repealed on October 2, 2022, unless reviewed and 40 saved from repeal through reenactment by the Legislature. 41 Section 2.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.