Senate Bill sb0648c1

    Florida Senate - 2002                            CS for SB 648

    By the Committee on Governmental Oversight and Productivity;
    and Senator Garcia




    302-2305-02

  1                      A bill to be entitled

  2         An act relating to public records; creating an

  3         exemption from the requirements of s.

  4         119.07(1), F.S., and Art. I, s. 24(a) of the

  5         State Constitution; providing that information

  6         that would identify a person or firm in

  7         peer-review records are confidential and

  8         exempt; creating an exemption from the

  9         requirements of s. 286.011, F.S., and Art. I,

10         s. 24(b) of the State Constitution; providing

11         for future review and repeal; providing a

12         statement of public necessity; providing a

13         contingent effective date.

14  

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

16  

17         Section 1.  Information that would identify a person or

18  firm in peer review records that are made or received by an

19  oversight body appointed by the board pursuant to s. 473.3125,

20  is confidential and exempt from section 119.07(1) and Section

21  24(a), Article I of the State Constitution. This section is

22  subject to the Open Government Sunset Review Act of 1995, in

23  accordance with section 119.15, and shall stand repealed

24  October 2, 2007, unless reviewed and saved from repeal through

25  reenactments by the Legislature.

26         Section 2.  Those portions of a peer-review meeting of

27  an oversight body appointed by the board pursuant to section

28  473.3125, at which information is discussed that would

29  identify the person or firm being reviewed are exempt from

30  section 286.011 and Section 24(b), Article I of the State

31  Constitution. This section is subject to the Open Government

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






    Florida Senate - 2002                            CS for SB 648
    302-2305-02




  1  Sunset Review Act of 1995 and shall stand repealed October 2,

  2  2007, unless reviewed and saved from repeal through

  3  reenactment by the Legislature.

  4         Section 3.  The Legislature finds that it is a public

  5  necessity to make confidential and exempt information that

  6  would identify a person or firm in peer-review records that

  7  are made or received by an oversight body appointed by the

  8  board pursuant to section 473.3125, Florida Statutes. The

  9  peer-review process is intended to sustain and improve the

10  competence of licensees and thereby to protect the public that

11  is served by them. If this identifying information were made

12  available for inspection or copying by the public, licensees

13  and their clients could be adversely affected. These documents

14  may include unsubstantiated allegations or other information

15  that could be misunderstood by the public. Further, a person

16  having information regarding a person or firm undergoing

17  review might be hesitant to provide important testimony,

18  documentation, or other information that the oversight body

19  requires to perform a complete review if his or her identity

20  were not protected. The Legislature also finds that it is a

21  public necessity to close those portions of meetings of an

22  oversight body at which information is discussed which would

23  identify the person or firm being reviewed. If members of an

24  oversight body could not speak freely regarding the person or

25  firm undergoing review, the peer-review process would be

26  ineffective. Oversight body members might hesitate to discuss

27  issues of concern. As a result, the Legislature finds that

28  information that would identify a person or firm in

29  peer-review records that are made or received by an oversight

30  body appointed by the board pursuant to section 473.3125,

31  Florida Statutes, must be confidential and exempt and that

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    Florida Senate - 2002                            CS for SB 648
    302-2305-02




  1  those portions of meetings of an oversight body at which this

  2  information is discussed should be closed.

  3         Section 4.  This act shall take effect on the effective

  4  date of the Committee Substitute for Senate Bill 1706, or

  5  substantially similar legislation, in the 2002 legislative

  6  session or an extension thereof, but it shall not take effect

  7  if such bill does not become a law.

  8  

  9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                         Senate Bill 648

11                                 

12  Creates an exemption for information that would identify a
    person or firm in peer review records that are made or
13  received by an oversight body appointed by the board.

14  Creates an exemption for those portions of a peer review
    meeting of an oversight body appointed by the board at which
15  exempt information is discussed.

16  Provides a statement of public necessity.

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