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.
   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 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.—
   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.