Bill Text: FL S1542 | 2023 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public Records and Public Meetings/Elder Abuse or Vulnerable Adult Abuse Fatality Review Team

Spectrum: Bipartisan Bill

Status: (Passed) 2023-06-20 - Chapter No. 2023-261, companion bill(s) passed, see CS/SB 1540 (Ch. 2023-260) [S1542 Detail]

Download: Florida-2023-S1542-Introduced.html

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       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.