ENROLLED
       2023 Legislature                                  CS for SB 1542
       
       
       
       
       
       
                                                             20231542er
    1  
    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 vulnerable
    5         adult abuse fatality review team which is exempt or
    6         confidential and exempt from public records
    7         requirements retains its protected status; providing
    8         an exemption from public records requirements for
    9         personal identifying information of an abuse victim
   10         and other specified information contained in records
   11         held by a review team; providing an exemption from
   12         public meetings requirements for portions of review
   13         team meetings during which certain exempt or
   14         confidential and exempt information is discussed;
   15         providing for future legislative review and repeal of
   16         the exemption; providing statements of public
   17         necessity; providing an 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 1540 or similar legislation,
   23  to read:
   24         415.1103 Elder abuse and vulnerable adult abuse fatality
   25  review teams.—
   26         (11)(a)1.Any information that is exempt or confidential
   27  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   28  Constitution and is obtained by an elder abuse or vulnerable
   29  adult abuse fatality review team while executing its duties
   30  under this section retains its exempt or confidential and exempt
   31  status when held by the 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 exempt or
   39  confidential and exempt within this chapter retains its exempt
   40  or confidential and exempt 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 exempt or confidential and exempt information,
   46  information protected within this chapter, the identity of the
   47  victim, or the identity of persons responsible for the welfare
   48  of the victim is discussed, are exempt from s. 286.011 and s.
   49  24(b), 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  identifying information could impede the open communication and
   66  coordination among the parties involved in the review team. The
   67  harm that would result from the release of such information
   68  substantially outweighs any public benefit that would be
   69  achieved by 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 exempt or confidential and exempt information, information
   73  protected within this chapter, the identity of the victim, or
   74  the identity of persons responsible for the welfare of the
   75  victim is discussed, are exempt from s. 286.011, Florida
   76  Statutes, and s. 24(b), Article I of the State Constitution.
   77  Failure to close the portions of the meetings in which such
   78  sensitive personal identifying information is discussed would
   79  defeat the purpose of the public records exemption. Further, the
   80  Legislature finds that the exemption is narrowly tailored to
   81  apply only to those portions of the meetings in which such
   82  sensitive personal identifying information is discussed and that
   83  the remainder of such meetings remain open to allow for public
   84  oversight.
   85         Section 3. This act shall take effect on the same date that
   86  SB 1540 or similar legislation takes effect if such legislation
   87  is adopted in the same legislative session or an extension
   88  thereof and becomes a law.