Bill Text: FL S0920 | 2010 | Regular Session | Comm Sub

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Bill Title: OGSR/State Child Abuse Death Review Committee [SPSC]

Spectrum: Unknown

Status: (N/A - Dead) 2010-04-22 - Placed on Special Order Calendar; Read 2nd time -SJ 00746; Substituted HB 7113 -SJ 00746; Laid on Table, companion bill(s) passed, see HB 7113 (Ch. 2010-40) -SJ 00746 [S0920 Detail]

Download: Florida-2010-S0920-Comm_Sub.html

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Florida Senate - 2010                              CS for SB 920 
 
By the Committees on Governmental Oversight and Accountability; 
and Health Regulation 
585-04249-10                                           2010920c1 
1                        A bill to be entitled 
2         An act relating to a review under the Open Government 
3         Sunset Review Act; amending s. 383.412, F.S., which 
4         provides an exemption from public-records requirements 
5         for information held or obtained by the State Child 
6         Abuse Death Review Committee or any local committee 
7         and an exemption from public-meetings requirements for 
8         specified meetings of the committee or a local 
9         committee; defining the term “local committee”; 
10         reorganizing provisions; requiring any portion of a 
11         closed meeting to be recorded; providing a public 
12         records exemption for the recording of the closed 
13         meeting; providing a penalty; providing for future 
14         legislative review and repeal of the exemption; 
15         providing a statement of public necessity; providing 
16         an effective date. 
17 
18  Be It Enacted by the Legislature of the State of Florida: 
19 
20         Section 1. Section 383.412, Florida Statutes, is amended to 
21  read: 
22         383.412 Public records and public meetings exemptions.— 
23         (1) For purposes of this section, the term “local 
24  committee” means a local child abuse death review committee or a 
25  panel or committee assembled by the State Child Abuse Death 
26  Review Committee or a local child abuse death review committee 
27  pursuant to s. 383.402. 
28         (2)(1)(a) Any information that reveals the identity of the 
29  surviving siblings, family members, or others living in the home 
30  of a deceased child who is the subject of review by, and which 
31  information is held by, the State Child Abuse Death Review 
32  Committee or local committee, or a panel or committee assembled 
33  by the state committee or a local committee pursuant to s. 
34  383.402, is confidential and exempt from s. 119.07(1) and s. 
35  24(a), Art. I of the State Constitution. 
36         (b) Information made confidential or exempt from s. 
37  119.07(1) and s. 24(a), Art. I of the State Constitution that is 
38  obtained by the State Child Abuse Death Review Committee or a 
39  local committee, or a panel or committee assembled by the state 
40  committee or a local committee pursuant to s. 383.402, shall 
41  retain its confidential or exempt status. 
42         (3)(a)(2) Portions of meetings of the State Child Abuse 
43  Death Review Committee or local committee, or a panel or 
44  committee assembled by the state committee or a local committee 
45  pursuant to s. 383.402, at which information made confidential 
46  and exempt pursuant to subsection (2) (1) is discussed are 
47  exempt from s. 286.011 and s. 24(b), Art. I of the State 
48  Constitution. The closed portion of a meeting must be recorded, 
49  and no portion of the closed meeting may be off the record. The 
50  recording shall be maintained by the State Child Abuse Death 
51  Review Committee or a local committee. 
52         (b) The recording of a closed portion of a meeting is 
53  exempt from s. 119.07(1) and s. 24(a), Art. I of the State 
54  Constitution. 
55         (4)(3) The State Child Abuse Death Review Committee and 
56  local committees may share with each other any relevant 
57  information regarding case reviews involving child death, which 
58  information is made confidential and exempt by this section. 
59         (5)(4) Any person who knowingly or willfully makes public 
60  or discloses to any unauthorized person any information made 
61  confidential and exempt under this section commits a misdemeanor 
62  of the first degree, punishable as provided in s. 775.082 or s. 
63  775.083. 
64         (6)(5) This section is subject to the Open Government 
65  Sunset Review Act in accordance with s. 119.15, and shall stand 
66  repealed on October 2, 2015 2010, unless reviewed and saved from 
67  repeal through reenactment by the Legislature. 
68         Section 2. The Legislature finds that it is a public 
69  necessity to make exempt from public-records requirements 
70  recordings of any portion of a closed meeting of the State Child 
71  Abuse Death Review Committee or a local committee. Release of 
72  such recordings would compromise those discussions of the 
73  committee members which took place during a closed meeting and 
74  negates the public-meeting exemption. 
75         Section 3. This act shall take effect October 1, 2010.