Florida Senate - 2020                                    SB 1728
       By Senator Brandes
       24-01991-20                                           20201728__
    1                        A bill to be entitled                      
    2         An act relating to public meetings and records;
    3         amending s. 945.0911, F.S.; exempting from public
    4         meetings requirements the protected health information
    5         of specified inmates being considered for the
    6         conditional medical release program; exempting from
    7         public records requirements certain records used by
    8         the reviewing panel to make a determination of the
    9         appropriateness of conditional medical release and the
   10         recordings of closed panel review hearings; providing
   11         for legislative review and repeal of the exemptions;
   12         providing a statement of public necessity; providing a
   13         contingent effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Present subsection (9) of section 945.0911,
   18  Florida Statutes, as created by SB 556, 2020 Regular Session, is
   19  redesignated as subsection (10), and a new subsection (9) is
   20  added to that section, to read:
   21         945.0911 Conditional medical release.—
   23         (a) That portion of a panel review hearing conducted in
   24  accordance with this section during which the panel will discuss
   25  protected information that is confidential and exempt under
   26  state or federal law, such as protected health information
   27  covered by the Health Insurance Portability and Accountability
   28  Act, is exempt from s. 286.011 and s. 24(b), Art. I of the State
   29  Constitution. If the panel must discuss exempt information
   30  during the course of its meeting, the following requirements
   31  must be met:
   32         1.The panel must announce at the public meeting that, in
   33  connection with the performance of the panel’s duties, protected
   34  information must be discussed;
   35         2.The panel must declare the specific reasons that it is
   36  necessary to close the meeting, or a portion thereof, in a
   37  document that is a public record and filed with the official
   38  records of the program; and
   39         3.The entire closed hearing must be recorded. The
   40  recording must include the times of commencement and termination
   41  of the closed hearing or portion thereof, all discussion and
   42  proceedings, and the names of the persons present. The
   43  department shall maintain the recording.
   44         (b)1. That portion of the records the panel uses to
   45  determine the appropriateness of conditional medical release
   46  which includes any of the inmate’s protected information is
   47  confidential and exempt from disclosure under s. 119.07(1) and
   48  s. 24(a), Art. I of the State Constitution.
   49         2. Any audio or video recording of, and any minutes and
   50  notes generated during, a closed hearing of the panel or closed
   51  portion of a hearing of the panel are exempt from disclosure
   52  under s. 119.07(1) and s. 24(a), Art. I of the State
   53  Constitution. Such audio or video recording and minutes and
   54  notes must be retained pursuant to the requirements of s.
   55  119.021.
   56         (c) Only members of the panel, staff supporting the panel’s
   57  functions, and other persons whose presence has been authorized
   58  by the panel shall be allowed to attend the closed portions of
   59  panel hearings. The panel shall ensure that any closure of its
   60  meetings as authorized by this section is limited so that the
   61  policy of the state in favor of public meetings is maintained.
   62         (d) This subsection is subject to the Open Government
   63  Sunset Review Act in accordance with s. 119.15 and shall stand
   64  repealed on October 2, 2025, unless reviewed and saved from
   65  repeal through reenactment by the Legislature.
   66         Section 2. The Legislature finds that it is a public
   67  necessity that the hearings or portions of hearings during which
   68  an inmate’s personal information is discussed by the review
   69  panel considering the inmate’s conditional medical release be
   70  made exempt from s. 286.011, Florida Statutes, and s. 24(b),
   71  Article I of the State Constitution. The Legislature finds that
   72  the rights of an inmate afforded under other state or federal
   73  laws that deem certain personal information confidential, such
   74  as protected health information covered by the Health Insurance
   75  Portability and Accountability Act, be upheld and that the
   76  inmate’s personal information not be disclosed to the public
   77  during such hearings. The Legislature also finds that the
   78  recordings of a panel review hearing and the records used by the
   79  panel to make its determination be made exempt from disclosure
   80  under s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
   81  the State Constitution. The inmate’s personal health
   82  information, if publicly available, could be used to invade his
   83  or her personal privacy. Making these reports and discussions of
   84  such information confidential and exempt from disclosure will
   85  protect information of a sensitive personal nature, the release
   86  of which could cause unwarranted damage to the privacy rights of
   87  the inmate. The Legislature therefore finds that it is a public
   88  necessity that such protected information remain confidential
   89  and exempt.
   90         Section 3. This act shall take effect on the same date that
   91  SB 556 or similar legislation relating to conditional medical
   92  release takes effect, if such legislation is adopted in the same
   93  legislative session or an extension thereof and becomes a law.