Florida Senate - 2020 CS for SB 1728 By the Committee on Criminal Justice; and Senator Brandes 591-02748-20 20201728c1 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. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Present subsection (9) of section 945.0911, 18 Florida Statutes, as created by SB 556 or other similar 19 legislation, 2020 Regular Session, is redesignated as subsection 20 (10), and a new subsection (9) is added to that section, to 21 read: 22 945.0911 Conditional medical release.— 23 (9) PUBLIC MEETINGS AND RECORDS EXEMPTIONS.— 24 (a) That portion of a panel review hearing conducted in 25 accordance with this section during which the panel will discuss 26 protected information that is confidential and exempt under 27 state or federal law, such as protected health information 28 covered by the Health Insurance Portability and Accountability 29 Act, is exempt from s. 286.011 and s. 24(b), Art. I of the State 30 Constitution. If the panel must discuss exempt information 31 during the course of its meeting, the following requirements 32 must be met: 33 1. The panel must announce at the public meeting that, in 34 connection with the performance of the panel’s duties, protected 35 information must be discussed; 36 2. The panel must declare the specific reasons that it is 37 necessary to close the meeting, or a portion thereof, in a 38 document that is a public record and filed with the official 39 records of the program; and 40 3. The entire closed hearing must be recorded. The 41 recording must include the times of commencement and termination 42 of the closed hearing or portion thereof, all discussion and 43 proceedings, and the names of the persons present. The 44 department shall maintain the recording. 45 (b)1. That portion of the records the panel uses to 46 determine the appropriateness of conditional medical release 47 which includes any of the inmate’s protected information is 48 confidential and exempt from disclosure under s. 119.07(1) and 49 s. 24(a), Art. I of the State Constitution. 50 2. Any audio or video recording of, and any minutes and 51 notes generated during, a closed hearing of the panel or closed 52 portion of a hearing of the panel are confidential and exempt 53 from disclosure under s. 119.07(1) and s. 24(a), Art. I of the 54 State Constitution. Such audio or video recording and minutes 55 and notes must be retained pursuant to the requirements of s. 56 119.021. 57 (c) Only members of the panel, staff supporting the panel’s 58 functions, and other persons whose presence has been authorized 59 by the panel shall be allowed to attend the closed portions of 60 panel hearings. The panel shall ensure that any closure of its 61 meetings as authorized by this section is limited so that the 62 policy of the state in favor of public meetings is maintained. 63 (d) This subsection is subject to the Open Government 64 Sunset Review Act in accordance with s. 119.15 and shall stand 65 repealed on October 2, 2025, unless reviewed and saved from 66 repeal through reenactment by the Legislature. 67 Section 2. The Legislature finds that it is a public 68 necessity that the hearings or portions of hearings during which 69 an inmate’s personal information is discussed by the review 70 panel considering the inmate’s conditional medical release be 71 made exempt from s. 286.011, Florida Statutes, and s. 24(b), 72 Article I of the State Constitution. The Legislature finds that 73 the rights of an inmate afforded under other state or federal 74 laws that deem certain personal information confidential, such 75 as protected health information covered by the Health Insurance 76 Portability and Accountability Act, be upheld and that the 77 inmate’s personal information not be disclosed to the public 78 during such hearings. The Legislature also finds that the 79 recordings of a panel review hearing and the records used by the 80 panel to make its determination be made confidential and exempt 81 from disclosure under s. 119.07(1), Florida Statutes, and s. 82 24(a), Article I of the State Constitution. The inmate’s 83 personal health information, if publicly available, could be 84 used to invade his or her personal privacy. Making these reports 85 and discussions of such information confidential and exempt from 86 disclosure will protect information of a sensitive personal 87 nature, the release of which could cause unwarranted damage to 88 the privacy rights of the inmate. The Legislature therefore 89 finds that it is a public necessity that such protected 90 information remain confidential and exempt. 91 Section 3. This act shall take effect on the same date that 92 SB 556 or similar legislation relating to conditional medical 93 release takes effect, if such legislation is adopted in the same 94 legislative session or an extension thereof and becomes a law.