Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 424 Ì900002QÎ900002 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/11/2018 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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(9) and (10) are subject to the Open 24 Government Sunset Review Act in accordance with s. 119.15 and 25 shall stand repealed on October 2, 2023, unless reviewed and 26 saved from repeal through reenactment by the Legislature. 27 Section 2.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.