Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 424
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/11/2018           .                                
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       The Committee on Governmental Oversight and Accountability
       (Gibson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (9), (10), and (11) are added to
    6  section 415.1103, Florida Statutes, as created by SB 422, to
    7  read:
    8         415.1103 Elder abuse fatality review teams.—
    9         (9)(a) Any information that is exempt or confidential and
   10  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   11  Constitution and that is obtained by an elder abuse fatality
   12  review team conducting a review under this section retains its
   13  exempt or confidential and exempt status when held by an elder
   14  abuse fatality review team.
   15         (b) Any information contained in a record created by an
   16  elder abuse fatality review team which reveals the identity of a
   17  victim of elder abuse is confidential and exempt from s.
   18  119.07(1) and s. 24(a), Art. I of the State Constitution.
   19         (10) Portions of meetings of an elder abuse fatality review
   20  team at which exempt or confidential and exempt information or
   21  the identity of a victim of elder abuse is discussed are exempt
   22  from s. 286.011 and s. 24(b), Art. I of the State Constitution.
   23         (11) Subsections (9) and (10) are subject to the Open
   24  Government Sunset Review Act in accordance with s. 119.15 and
   25  shall stand repealed on October 2, 2023, unless reviewed and
   26  saved from repeal through reenactment by the Legislature.
   27         Section 2. (1) The Legislature finds that it is a public
   28  necessity that information that is exempt or confidential and
   29  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   30  Article I of the State Constitution remain exempt or
   31  confidential and exempt when held by an elder abuse fatality
   32  review team and that any information contained in a record
   33  created by an elder abuse fatality review team which reveals the
   34  identity of a victim of elder abuse be confidential and exempt
   35  from public records requirements. Otherwise, sensitive personal
   36  information concerning victims of elder abuse would be disclosed
   37  and open communication and coordination among the parties
   38  involved in the elder abuse fatality review teams would be
   39  hampered. The harm that would result from the release of such
   40  information substantially outweighs any public benefit that
   41  would be achieved by disclosure.
   42         (2) The Legislature further finds that it is a public
   43  necessity that portions of meetings of an elder abuse fatality
   44  review team at which exempt or confidential and exempt
   45  information or the identity of a victim of elder abuse is
   46  discussed be exempt from s. 286.011, Florida Statutes, and s.
   47  24(b), Article I of the State Constitution. The failure to close
   48  portions of meetings at which exempt or confidential and exempt
   49  information or the identity of a victim of elder abuse are
   50  discussed would defeat the purpose of the public records
   51  exemption. Further, the Legislature finds that the exemption is
   52  narrowly tailored to apply to only certain portions of meetings
   53  of elder abuse fatality review teams to allow for public
   54  oversight.
   55         Section 3. This act shall take effect on the same date that
   56  SB 422 or similar legislation takes effect, if such legislation
   57  is adopted in the same legislative session or an extension
   58  thereof and becomes a law.
   59  
   60  ================= T I T L E  A M E N D M E N T ================
   61  And the title is amended as follows:
   62         Delete everything before the enacting clause
   63  and insert:
   64                        A bill to be entitled                      
   65         An act relating to public records and public meetings;
   66         amending s. 415.1103, F.S.; specifying that
   67         information obtained by an elder abuse fatality review
   68         team which is exempt or confidential and exempt from
   69         public records requirements retains its protected
   70         status; providing an exemption from public records
   71         requirements for identifying information of an elder
   72         abuse victim in records created by a review team;
   73         providing an exemption from public meetings
   74         requirements for portions of review team meetings at
   75         which exempt or confidential and exempt information or
   76         the identity of an elder abuse victim is discussed;
   77         providing for future legislative review and repeal;
   78         providing statements of public necessity; providing a
   79         contingent effective date.