Florida Senate - 2023 SB 1542 By Senator Garcia 36-02175A-23 20231542__ 1 A bill to be entitled 2 An act relating to public records and public meetings; 3 amending s. 415.1103, F.S.; specifying that 4 information obtained by an elder abuse or a vulnerable 5 adult abuse fatality review team which is confidential 6 or exempt from public records requirements retains its 7 protected status; providing an exemption from public 8 records requirements for personal identifying 9 information of an abuse victim and other specified 10 information contained in records held by a review 11 team; providing an exemption from public meetings 12 requirements for portions of review team meetings 13 during which certain confidential or exempt 14 information is discussed; providing for future 15 legislative review and repeal of the exemption; 16 providing statements of public necessity; providing a 17 contingent effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Subsection (9) is added to section 415.1103, 22 Florida Statutes, as amended by SB ____, 2023 Regular Session, 23 to read: 24 415.1103 Elder abuse and vulnerable adult abuse fatality 25 review teams.— 26 (9)(a)1. Any information that is confidential or exempt 27 from s. 119.07(1) and s. 24(a), Art. I of the State Constitution 28 and is obtained by an elder or vulnerable adult abuse fatality 29 review team while executing its duties under this section 30 retains its confidential or exempt status when held by the 31 review team. 32 2. Any information contained in a record created by a 33 review team pursuant to this section which reveals the identity 34 of a victim of abuse, exploitation, or neglect or the identity 35 of persons responsible for the welfare of a victim is 36 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 37 of the State Constitution. 38 3. Any information that is maintained as confidential or 39 exempt within this chapter retains its confidential or exempt 40 status when held by a review team. 41 (b) Portions of meetings of a review team relating to 42 abuse, exploitation, or neglect or abuse-related deaths of 43 elderly persons or otherwise vulnerable adults, and the 44 prevention of such abuse, exploitation, neglect, or deaths, 45 during which confidential or exempt information, information 46 protected within this chapter, the identity of the victim, or 47 the identity of persons responsible for the welfare of the 48 victim is discussed, are exempt from s. 286.011 and s. 24(b), 49 Art. I of the State Constitution. 50 (c) This subsection is subject to the Open Government 51 Sunset Review Act in accordance with s. 119.15 and shall stand 52 repealed on October 2, 2028, unless reviewed and saved from 53 repeal through reenactment by the Legislature. 54 Section 2. (1) The Legislature finds that it is a public 55 necessity that information that is exempt or confidential and 56 exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 57 Article I of the State Constitution remains exempt or 58 confidential and exempt when held by an elder abuse or 59 vulnerable adult abuse fatality review team. Additionally, the 60 Legislature finds that it is a public necessity that information 61 that reveals the identity of a victim of abuse, exploitation, or 62 neglect or the identity of persons responsible for the welfare 63 of such victim be confidential and exempt from public records 64 requirements because the disclosure of such sensitive personal 65 information could impede the open communication and coordination 66 among the parties involved in the review team. The harm that 67 would result from the release of such information substantially 68 outweighs any public benefit that would be achieved by 69 disclosure. 70 (2) The Legislature further finds that it is a public 71 necessity that portions of meetings of a review team during 72 which confidential or exempt information, information protected 73 within this chapter, the identity of the victim, or the identity 74 of persons responsible for the welfare of the victim is 75 discussed, are exempt from s. 286.011 and s. 24(b), Art. I of 76 the State Constitution. Failure to close the portions of the 77 meetings in which such sensitive personal information is 78 discussed would defeat the purpose of the public records 79 exemption. Further, the Legislature finds that the exemption is 80 narrowly tailored to apply to only those portions of the 81 meetings in which such sensitive personal information is 82 discussed and that the remainder of such meetings remain open to 83 allow for public oversight. 84 Section 3. This act shall take effect on the same date that 85 SB ___ or similar legislation takes effect, if such legislation 86 is adopted in the same legislative session or an extension 87 thereof and becomes a law.