Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. CS for SB 1728 Ì222838@Î222838 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/10/2020 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Governmental Oversight and Accountability (Brandes) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Present subsection (9) of section 945.0911, 6 Florida Statutes, as created by SB 556 or other similar 7 legislation, 2020 Regular Session, is redesignated as subsection 8 (10), and a new subsection (9) is added to that section, to 9 read: 10 945.0911 Conditional aging inmate release.— 11 (9) PUBLIC MEETINGS AND RECORDS EXEMPTIONS.— 12 (a) That portion of a panel review hearing conducted in 13 accordance with this section during which the panel will discuss 14 information that is exempt from public inspection and copying 15 requirements under state law or confidential under federal law, 16 such as protected health information covered by the Health 17 Insurance Portability and Accountability Act, is exempt from s. 18 286.011 and s. 24(b), Art. I of the State Constitution. If the 19 panel must discuss exempt or confidential information during the 20 course of its meeting, the following requirements must be met: 21 1. The panel must announce at the public meeting that, in 22 connection with the performance of the panel’s duties, exempt or 23 confidential information must be discussed; 24 2. The panel must declare the specific reasons that it is 25 necessary to close the meeting, or a portion thereof, in a 26 document that is a public record and filed with the official 27 records of the program; and 28 3. The entire closed hearing must be recorded. The 29 recording must include the times of commencement and termination 30 of the closed hearing or portion thereof, all discussion and 31 proceedings, and the names of the persons present. 32 (b)1. That portion of the records the panel uses to 33 determine the appropriateness of conditional medical release 34 which includes any exempt or confidential information is 35 confidential and exempt from disclosure under s. 119.07(1) and 36 s. 24(a), Art. I of the State Constitution. 37 2. Any audio or video recording or transcript of, and any 38 minutes and notes generated during, a closed hearing of the 39 panel or closed portion of a hearing of the panel are 40 confidential and exempt from disclosure under s. 119.07(1) and 41 s. 24(a), Art. I of the State Constitution. Such audio or video 42 recording, transcript, minutes and notes must be retained 43 pursuant to the requirements of s. 119.021. 44 (c) Only members of the panel, staff supporting the panel’s 45 functions, the inmate for whom the panel has convened, and 46 licensed medical personnel called by the panel to provide 47 testimony regarding exempt or confidential information shall be 48 allowed to attend the closed portions of panel hearings. The 49 panel shall ensure that any closure of its meetings as 50 authorized by this section is limited so that the policy of the 51 state in favor of public meetings is maintained. 52 (d) This subsection is subject to the Open Government 53 Sunset Review Act in accordance with s. 119.15 and shall stand 54 repealed on October 2, 2025, unless reviewed and saved from 55 repeal through reenactment by the Legislature. 56 Section 2. The Legislature finds that it is a public 57 necessity that the hearings or portions of hearings during which 58 exempt or confidential information is discussed by the review 59 panel considering an inmate’s conditional medical release be 60 made exempt from s. 286.011, Florida Statutes, and s. 24(b), 61 Article I of the State Constitution. The Legislature finds that 62 the rights of an inmate afforded under other state or federal 63 laws that deem certain personal information confidential, such 64 as protected health information covered by the Health Insurance 65 Portability and Accountability Act, be upheld and that the 66 inmate’s exempt or confidential information not be disclosed to 67 the public during such hearings. The Legislature also finds that 68 the recordings and transcripts of a panel review hearing and the 69 records used by the panel to make its determination be made 70 confidential and exempt from disclosure under s. 119.07(1), 71 Florida Statutes, and s. 24(a), Article I of the State 72 Constitution. The inmate’s exempt or confidential information, 73 if publicly available, could be used to invade his or her 74 personal privacy. Making these reports and discussions of such 75 information confidential and exempt from disclosure will protect 76 information of a sensitive personal nature, the release of which 77 could cause unwarranted damage to the privacy rights of the 78 inmate. The Legislature therefore finds that it is a public 79 necessity that such information be made confidential and exempt. 80 Section 3. This act shall take effect on the same date that 81 SB 556 or similar legislation relating to conditional medical 82 release takes effect, if such legislation is adopted in the same 83 legislative session or an extension thereof and becomes a law 84 85 ================= T I T L E A M E N D M E N T ================ 86 And the title is amended as follows: 87 Delete everything before the enacting clause 88 and insert: 89 A bill to be entitled 90 An act relating to public meetings and records; 91 amending s. 945.0912, F.S.; exempting from public 92 meetings requirements that portion of a panel review 93 at which the exempt or confidential information of 94 specified inmates being considered for the conditional 95 medical release program is discussed; exempting from 96 public records requirements certain records used by 97 the reviewing panel to make a determination of the 98 appropriateness of conditional medical release and the 99 recordings and transcripts of closed panel review 100 hearings; providing for legislative review and repeal 101 of the exemption; providing a statement of public 102 necessity; providing an effective date.