Florida Senate - 2015                   (PROPOSED BILL) SPB 7032
       
       
        
       FOR CONSIDERATION By the Committee on Health Policy
       
       
       
       
       
       588-01519A-15                                         20157032pb
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         383.412. F.S.; exempting information held by the State
    4         Child Abuse Death Review Committee or a local
    5         committee which identifies a deceased child whose
    6         death is reported to the central abuse hotline but
    7         whose death is not the result of abuse or neglect and
    8         the identity of the surviving siblings, family
    9         members, or others living in the home of such a
   10         deceased child; authorizing release of the information
   11         to specified persons under certain circumstances;
   12         providing for future legislative review and repeal of
   13         the exemption under the Open Government Sunset Review
   14         Act; providing a statement of public necessity;
   15         providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 383.412, Florida Statutes, is amended to
   20  read:
   21         383.412 Public records and public meetings exemptions.—
   22         (1) For purposes of this section, the term “local
   23  committee” means a local child abuse death review committee or a
   24  panel or committee assembled by the State Child Abuse Death
   25  Review Committee or a local child abuse death review committee
   26  pursuant to s. 383.402.
   27         (2)(a) Any information held by the State Child Abuse Death
   28  Review Committee or a local committee which reveals the identity
   29  of the surviving siblings of a deceased child whose death
   30  occurred as the result of a verified report of abuse or neglect
   31  is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
   32  I of the State Constitution.
   33         (b) Any information held by the State Child Abuse Death
   34  Review Committee or a local committee which that reveals the
   35  identity of a deceased child whose death has been reported to
   36  the central abuse hotline but determined not to be the result of
   37  abuse or neglect, or the identity of the surviving siblings,
   38  family members, or others living in the home of such a deceased
   39  child, who is the subject of review by and which information is
   40  held by the State Child Abuse Death Review Committee or a local
   41  committee is confidential and exempt from s. 119.07(1) and s.
   42  24(a), Art. I of the State Constitution.
   43         (c)(b) Information made confidential or exempt from s.
   44  119.07(1) and s. 24(a), Art. I of the State Constitution that is
   45  obtained by the State Child Abuse Death Review Committee or a
   46  local committee shall retain its confidential or exempt status.
   47         (3)(a) Portions of meetings of the State Child Abuse Death
   48  Review Committee or a local committee at which information made
   49  confidential and exempt pursuant to subsection (2) is discussed
   50  are exempt from s. 286.011 and s. 24(b), Art. I of the State
   51  Constitution. The closed portion of a meeting must be recorded,
   52  and no portion of the closed meeting may be off the record. The
   53  recording shall be maintained by the State Child Abuse Death
   54  Review Committee or a local committee.
   55         (b) The recording of a closed portion of a meeting is
   56  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   57  Constitution.
   58         (4) The State Child Abuse Death Review Committee and local
   59  committees may share any relevant information regarding case
   60  reviews involving child death which is made confidential and
   61  exempt by this section:
   62         (a) With each other;
   63         (b)With a governmental agency in furtherance of its
   64  duties; or
   65         (c)With any person or entity authorized by the Department
   66  of Health to use such relevant information for bona fide
   67  research or statistical purposes any relevant information
   68  regarding case reviews involving child death, which information
   69  is made confidential and exempt by this section. A person or
   70  entity who is authorized to obtain such relevant information for
   71  research or statistical purposes shall enter into a privacy and
   72  security agreement with the Department of Health and shall
   73  comply with all laws and rules governing the use of such records
   74  and information for research or statistical purposes. Anything
   75  identifying the subjects of such relevant information must be
   76  treated as confidential by the person or entity and may not be
   77  released in any form.
   78         (5) Any person who knowingly or willfully makes public or
   79  discloses to any unauthorized person any information made
   80  confidential and exempt under this section commits a misdemeanor
   81  of the first degree, punishable as provided in s. 775.082 or s.
   82  775.083.
   83         (6) This section is subject to the Open Government Sunset
   84  Review Act in accordance with s. 119.15, and shall stand
   85  repealed on October 2, 2020 2015, unless reviewed and saved from
   86  repeal through reenactment by the Legislature.
   87         Section 2. The Legislature finds that it is a public
   88  necessity that any information held by the State Child Abuse
   89  Death Review Committee or a local committee as defined in s.
   90  383.412, Florida Statutes, which reveals the identity of a
   91  deceased child whose death has been reported to the central
   92  abuse hotline but determined not to be the result of abuse or
   93  neglect, or the identity of the surviving siblings, family
   94  members, or others living in the home of such deceased child, be
   95  held confidential and exempt from public records requirements.
   96  The Legislature further finds that it is a public necessity that
   97  these committees have the authority to maintain the confidential
   98  or exempt status of records otherwise confidential or exempt
   99  which are provided to them regarding such children. In 1999, the
  100  Legislature authorized the creation of the committees to review
  101  the facts and circumstances surrounding the deaths of children
  102  in this state which occur as the result of reported child abuse
  103  or neglect and to prepare an annual statistical report on the
  104  incidence and causes of death resulting from child abuse. Since
  105  2004, cases analyzed by the committees have been limited to
  106  reports of verified abuse or neglect. The Legislature made
  107  identifying information of the surviving siblings, family
  108  members, or others living in the home of the child who died as a
  109  result of verified abuse or neglect confidential and exempt from
  110  public records requirements to ensure that cases could be vetted
  111  thoroughly through open communication without risk of disclosure
  112  of the identifying information. In 2014, the Legislature
  113  expanded the scope of cases reviewed by the committees to
  114  include all deaths reported to the child abuse hotline,
  115  regardless of whether the deaths were the result of verified
  116  abuse or neglect, and this bill expands the public records
  117  exemption accordingly. If the identifying information related to
  118  these reports were to be disclosed, it could result in emotional
  119  or reputational harm to the family and caregivers and an
  120  unnecessary invasion of their privacy and the privacy of the
  121  deceased child. In addition, the committees must be able to
  122  maintain the otherwise confidential and exempt status of records
  123  that are provided to them to ensure continued access to such
  124  records and the opportunity for a thorough and open review of
  125  cases. Therefore, the Legislature finds that the harm that may
  126  result from the release of such information substantially
  127  outweighs any minimal public benefit that may be derived from
  128  its disclosure.
  129         Section 3. This act shall take effect upon becoming a law.