Senate Bill 0928

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999                                   SB 928

    By Senator Cowin





    300-827-99                                              See HB

  1                      A bill to be entitled

  2         An act relating to public records and meetings;

  3         creating s. 383.410, F.S.; providing that

  4         confidential information obtained by the State

  5         Child Abuse Death Review Committee, a local

  6         committee, or a panel or committee assembled by

  7         either, or by a hospital or health care

  8         practitioner from any of those entities, shall

  9         remain confidential; providing an exemption

10         from public records and public meeting

11         requirements for specified records and meetings

12         of the state committee, a local committee, or a

13         panel or committee assembled by either,

14         relating to child fatalities; providing a

15         penalty; providing for future review and

16         repeal; providing a finding of public

17         necessity; providing a contingent effective

18         date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  Section 383.410, Florida Statutes, is

23  created to read:

24         383.410  Confidentiality.--

25         (1)  All information that is confidential or exempt

26  from public records requirements by operation of law and that

27  is obtained by the State Child Abuse Death Review Committee or

28  a local committee, or a panel or committee assembled by the

29  state committee or a local committee pursuant to s. 383.402,

30  shall retain that status and is exempt from s. 119.07(1) and

31  s. 24(a), Art. I of the State Constitution.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                   SB 928
    300-827-99                                              See HB




  1         (2)  All information that is confidential or exempt

  2  from public records requirements by operation of law and that

  3  is obtained by a hospital or a health care practitioner as

  4  defined by s. 455.501 from the State Child Abuse Death Review

  5  Committee or a local committee, or a panel or committee

  6  assembled by the state committee or a local committee pursuant

  7  to s. 383.402, shall retain that status and is exempt from s.

  8  119.07(1) and s. 24(a), Art. I of the State Constitution.

  9         (3)(a)  All reports and records of the State Child

10  Abuse Death Review Committee or a local committee, or a panel

11  or committee assembled by the state committee or a local

12  committee pursuant to s. 383.402 which relate solely to child

13  fatalities and in which specific persons or incidents are

14  discussed are confidential and exempt from s. 119.07(1) and s.

15  24(a), Art. I of the State Constitution.

16         (b)  Portions of meetings or proceedings of the State

17  Child Abuse Death Review Committee or a local committee, or a

18  panel or committee assembled by the state committee or a local

19  committee pursuant to s. 383.402 which relate solely to child

20  fatalities and during which specific persons or incidents are

21  discussed are exempt from s. 286.011 and s. 24(b), Art. I of

22  the State Constitution.  The state committee or a local

23  committee may hold periodic public meetings to discuss

24  nonconfidential information or issues.

25         (4)  All information and records acquired by the State

26  Child Abuse Death Review Committee or a local committee are

27  confidential and not subject to subpoena, discovery, or

28  introduction into evidence in any civil or criminal

29  proceedings or to a public records request, except that

30  information, documents and records otherwise available from

31  other sources are not immune from subpoena, discovery, or

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                   SB 928
    300-827-99                                              See HB




  1  introduction into evidence from those sources solely because

  2  they were presented to or reviewed by a committee.

  3         (5)  The State Child Abuse Death Review Committee and

  4  local committees may share with each other any relevant

  5  information regarding case reviews involving child death which

  6  information is made confidential and exempt by this section.

  7         (6)  Any person who violates this section commits a

  8  misdemeanor of the first degree, punishable as provided in s.

  9  775.082 or s. 775.083.

10         (7)  This section is subject to the Open Government

11  Sunset Review Act of 1995 in accordance with s. 119.15, and

12  shall stand repealed on October 2, 2004, unless reviewed and

13  saved from repeal through reenactment by the Legislature.

14         Section 2.  Access by the State Child Abuse Death

15  Review Committee or a local committee or a panel or committee

16  assembled by the state committee or a local committee to

17  records that are otherwise confidential increases the

18  potential for reduced morbidity or mortality of children and

19  reduces the potential for poor outcomes for children, thereby

20  improving the overall quality of life for children. The

21  Legislature finds that it is a public necessity that such

22  information remain confidential in the hands of the state

23  committee, a local committee, or a panel or committee

24  assembled by them, and in the hands of a hospital or health

25  care practitioner that obtains such information from those

26  entities. The Legislature further finds that it is a public

27  necessity that records and reports of the State Child Abuse

28  Death Review Committee or a local committee or a panel or

29  committee assembled by the state committee or a local

30  committee, and portions of meetings thereof, which relate

31  solely to child fatalities and where specific persons or

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                   SB 928
    300-827-99                                              See HB




  1  incidents are discussed, be confidential and exempt from

  2  public records and public meeting requirements. Otherwise,

  3  sensitive, personal information concerning children would be

  4  disclosed and open communication and coordination among the

  5  parties involved in the child fatality reviews would be

  6  hampered. Accordingly, the Legislature finds that the harm to

  7  the public that would result from the release of such

  8  information substantially outweighs any minimal public benefit

  9  derived therefrom.

10         Section 3.  This act shall take effect on the same date

11  that Senate Bill        or similar legislation takes effect,

12  if such legislation is adopted in the same legislative session

13  or an extension thereof.

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16                       LEGISLATIVE SUMMARY

17
      Provides that confidential information obtained by the
18    State Child Abuse Death Review Committee, a local
      committee, or a panel or committee assembled by either,
19    or obtained by a hospital or health care practitioner
      from any of those entities, shall remain confidential.
20    Provides an exemption from public records and public
      meeting requirements for specified records and meetings
21    of the state committee, a local committee, or a panel or
      committee assembled by either, relating to child
22    fatalities. Provides a penalty. Provides for future
      review and repeal.
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