Florida Senate - 2023 SB 966 By Senator Calatayud 38-00801-23 2023966__ 1 A bill to be entitled 2 An act relating to public records and meetings; 3 creating s. 395.3027, F.S.; providing an exemption 4 from public records requirements for certain 5 confidential information held by in-hospital medical 6 staff committees of public hospitals; providing an 7 exemption from public meetings requirements for 8 portions of meetings held by such medical staff 9 committees during which such confidential information 10 is discussed; requiring the recording and 11 transcription of exempt portions of such meetings; 12 providing an exemption from public records 13 requirements for such recordings and transcripts; 14 providing for future legislative review and repeal of 15 the exemptions; providing a statement of public 16 necessity; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 395.3027, Florida Statutes, is created 21 to read: 22 395.3027 Confidentiality of in-hospital medical staff 23 committee records and meetings.— 24 (1) The records held by an in-hospital medical staff 25 committee, including, but not limited to, any medical executive 26 committee or credentialing committee, or agent thereof, of a 27 public hospital which contain any of the following information 28 are confidential and exempt from s. 119.07(1) and s. 24(a), Art. 29 I of the State Constitution: 30 (a) Individually identifiable health information protected 31 under the Health Insurance Portability and Accountability Act of 32 1996, or its implementing regulations. 33 (b) Personal identifying information of hospital personnel. 34 (c) Information relating to: 35 1. Pending legal matters, including, but not limited to, 36 litigation strategy. 37 2. Contract negotiations. 38 3. Personnel matters. 39 4. Peer review procedures. 40 5. Trade secrets as defined in s. 688.002. 41 (2) Any portion of an in-hospital medical staff committee 42 meeting during which information that is confidential and exempt 43 pursuant to subsection (1) is discussed is exempt from s. 44 286.011 and s. 24(b), Art. I of the State Constitution. A 45 complete recording and transcript must be made of any portion of 46 a meeting that is closed pursuant to this subsection, and any 47 closed portion of such meeting may not be held off the record. 48 The recordings and transcripts of the closed portion of a 49 meeting are exempt from s. 119.07(1) and s. 24(a), Art. I of the 50 State Constitution. 51 (3) This section is subject to the Open Government Sunset 52 Review Act in accordance with s. 119.15 and shall stand repealed 53 on October 2, 2028, unless reviewed and saved from repeal 54 through reenactment by the Legislature. 55 Section 2. (1) The Legislature finds that it is a public 56 necessity that the records held by in-hospital medical staff 57 committees, including, but not limited to, medical executive 58 committees and credentialing committees, or agents thereof, of 59 public hospitals which contain individually identifiable health 60 information; the personal identifying information of hospital 61 personnel; and information relating to pending legal matters, 62 contract negotiations, personnel matters, peer review 63 procedures, and trade secrets be made confidential and exempt 64 from disclosure under s. 119.07(1), Florida Statutes, and s. 65 24(a), Article I of the State Constitution. The Legislature also 66 finds that subjecting the records of such in-hospital medical 67 staff committees to the public records requirements could cause 68 unnecessary harm to individuals whose personal identifying 69 information and confidential health information are revealed and 70 would impair public hospitals from effectively competing in the 71 marketplace against private hospitals whose records are not 72 required to be open to the public. 73 (2) The Legislature finds that it is a public necessity 74 that any portion of meetings held by in-hospital medical staff 75 committees of public hospitals during which the confidential and 76 exempt information described in subsection (1) is discussed be 77 made exempt from s. 286.011, Florida Statutes, and s. 24(b), 78 Article I of the State Constitution and that the recordings and 79 transcripts of such meetings be made exempt from s. 119.07(1), 80 Florida Statutes, and s. 24(a), Article I of the State 81 Constitution. Such meetings are designed to encourage the free 82 discussion and exchange of ideas between health care 83 practitioners and other hospital personnel, which could be 84 blunted if such confidential and sensitive information were 85 subject to disclosure. The Legislature also finds that 86 subjecting such in-hospital medical staff committees to the 87 public meetings requirements is duplicative since the final 88 decisions made by medical staff committees are subsequently 89 presented to a public body at publicly noticed meetings. 90 Furthermore, the failure to exempt the recordings and 91 transcripts of such meetings would defeat the purpose of the 92 public meetings exemption. Therefore, the Legislature finds that 93 the public and private harm in disclosing the confidential 94 information and records outweighs any public benefit derived 95 from the disclosure of such information. 96 Section 3. This act shall take effect October 1, 2023.