Florida Senate - 2019 CS for SB 454 By the Committee on Children, Families, and Elder Affairs; and Senator Gibson 586-02490-19 2019454c1 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 fatality review 5 team which is exempt or confidential and exempt from 6 public records requirements retains its protected 7 status; providing an exemption from public records 8 requirements for identifying information of an elder 9 abuse victim in records created by a review team; 10 providing an exemption from public meetings 11 requirements for portions of review team meetings at 12 which exempt or confidential and exempt information or 13 the identity of an elder abuse victim is discussed; 14 providing for future legislative review and repeal; 15 providing statements of public necessity; providing a 16 contingent effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Subsections (10), (11), and (12) are added to 21 section 415.1103, Florida Statutes, as created by SB 452, to 22 read: 23 415.1103 Elder abuse fatality review teams.— 24 (10)(a) Any information that is exempt or confidential and 25 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 26 Constitution and that is obtained by an elder abuse fatality 27 review team conducting a review under this section retains its 28 exempt or confidential and exempt status when held by that team. 29 (b) Any information contained in a record created by an 30 elder abuse fatality review team which reveals the identity of a 31 victim of elder abuse is confidential and exempt from s. 32 119.07(1) and s. 24(a), Art. I of the State Constitution. 33 (11) Those portions of meetings of an elder abuse fatality 34 review team at which exempt or confidential and exempt 35 information or the identity of a victim of elder abuse is 36 discussed are exempt from s. 286.011 and s. 24(b), Art. I of the 37 State Constitution. 38 (12) Subsections (10) and (11) are subject to the Open 39 Government Sunset Review Act in accordance with s. 119.15 and 40 shall stand repealed on October 2, 2024, unless reviewed and 41 saved from repeal through reenactment by the Legislature. 42 Section 2. (1) The Legislature finds that it is a public 43 necessity that information that is exempt or confidential and 44 exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 45 Article I of the State Constitution remain exempt or 46 confidential and exempt when held by an elder abuse fatality 47 review team and that any information contained in a record 48 created by an elder abuse fatality review team which reveals the 49 identity of a victim of elder abuse be confidential and exempt 50 from public records requirements. Otherwise, sensitive personal 51 information concerning victims of elder abuse would be 52 disclosed, and open communication and coordination among the 53 parties involved in elder abuse fatality review teams would be 54 hampered. The harm that would result from the release of such 55 information substantially outweighs any public benefit that 56 would be achieved by disclosure. 57 (2) The Legislature further finds that it is a public 58 necessity that portions of meetings of an elder abuse fatality 59 review team at which exempt or confidential and exempt 60 information or the identity of a victim of elder abuse is 61 discussed be exempt from s. 286.011, Florida Statutes, and s. 62 24(b), Article I of the State Constitution. The failure to close 63 portions of meetings at which exempt or confidential and exempt 64 information or the identity of a victim of elder abuse is 65 discussed would defeat the purpose of the public records 66 exemption. Further, the Legislature finds that the exemption is 67 narrowly tailored to apply to only certain portions of meetings 68 of elder abuse fatality review teams to allow for public 69 oversight. 70 Section 3. This act shall take effect on the same date that 71 SB 452 or similar legislation takes effect, if such legislation 72 is adopted in the same legislative session or an extension 73 thereof and becomes a law.