| 1 | The Governmental Operations Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 6 | A bill to be entitled |
| 7 | An act relating to public records and public meetings |
| 8 | exemptions; creating s. 383.412, F.S.; providing an |
| 9 | exemption from public records requirements for any |
| 10 | information that reveals the identity of surviving |
| 11 | siblings, family members, or others living in the home of |
| 12 | a deceased child who is the subject of review by, and |
| 13 | which information is held by, the State Child Abuse Death |
| 14 | Review Committee or local committee, or a panel or |
| 15 | committee assembled by the state committee or a local |
| 16 | committee; providing that confidential or exempt |
| 17 | information obtained by such committees or panels will |
| 18 | retain its confidential or exempt status; providing an |
| 19 | exemption from public meetings requirements for portions |
| 20 | of meetings of such committees or panels wherein |
| 21 | confidential and exempt information is discussed; |
| 22 | authorizing the State Child Abuse Death Review Committee |
| 23 | and local child abuse death review committees to share |
| 24 | relevant confidential and exempt information regarding |
| 25 | case reviews involving child death; providing a penalty |
| 26 | for the unauthorized disclosure of confidential |
| 27 | information concerning child fatalities; providing for |
| 28 | future review and repeal; providing a statement of public |
| 29 | necessity; providing an effective date. |
| 30 |
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| 31 | Be It Enacted by the Legislature of the State of Florida: |
| 32 |
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| 33 | Section 1. Section 383.412, Florida Statutes, is created |
| 34 | to read: |
| 35 | 383.412 Public records and public meetings exemptions.-- |
| 36 | (1)(a) Any information that reveals the identity of the |
| 37 | surviving siblings, family members, or others living in the home |
| 38 | of a deceased child who is the subject of review by, and which |
| 39 | information is held by, the State Child Abuse Death Review |
| 40 | Committee or local committee, or a panel or committee assembled |
| 41 | by the state committee or a local committee pursuant to s. |
| 42 | 383.402, is confidential and exempt from s. 119.07(1) and s. |
| 43 | 24(a), Art. I of the State Constitution. |
| 44 | (b) Information made confidential or exempt from s. |
| 45 | 119.07(1) and s. 24(a), Art. I of the State Constitution that is |
| 46 | obtained by the State Child Abuse Death Review Committee or a |
| 47 | local committee, or a panel or committee assembled by the state |
| 48 | committee or a local committee pursuant to s. 383.402, shall |
| 49 | retain its confidential or exempt status. |
| 50 | (2) Portions of meetings of the State Child Abuse Death |
| 51 | Review Committee or local committee, or a panel or committee |
| 52 | assembled by the state committee or a local committee pursuant |
| 53 | to s. 383.402, at which information made confidential and exempt |
| 54 | pursuant to subsection (1) is discussed are exempt from s. |
| 55 | 286.011 and s. 24(b), Art. I of the State Constitution. |
| 56 | (3) The State Child Abuse Death Review Committee and local |
| 57 | committees may share with each other any relevant information |
| 58 | regarding case reviews involving child death which information |
| 59 | is made confidential and exempt by this section. |
| 60 | (4) Any person who knowingly or willfully makes public or |
| 61 | discloses to any unauthorized person any information made |
| 62 | confidential and exempt under this section commits a misdemeanor |
| 63 | of the first degree, punishable as provided in s. 775.082 or s. |
| 64 | 775.083. |
| 65 | (5) This section is subject to the Open Government Sunset |
| 66 | Review Act of 1995 in accordance with s. 119.15, and shall stand |
| 67 | repealed on October 2, 2010, unless reviewed and saved from |
| 68 | repeal through reenactment by the Legislature. |
| 69 | Section 2. The Legislature finds that it is a public |
| 70 | necessity that any information that reveals the identity of the |
| 71 | surviving siblings, family members, or others living in the home |
| 72 | of a deceased child who is the subject of review by, and which |
| 73 | information is held by, the State Child Abuse Death Review |
| 74 | Committee or a local child abuse death review committee, or a |
| 75 | panel or committee assembled by the state committee or a local |
| 76 | committee pursuant to s. 383.402, Florida Statutes, be held |
| 77 | confidential and exempt from public records requirements. The |
| 78 | Legislature further finds that it is a public necessity that |
| 79 | such committees and panels be provided access to records that |
| 80 | are otherwise confidential or exempt and that such committees |
| 81 | and panels be authorized to maintain the confidential or exempt |
| 82 | status of such information. These public records exemptions |
| 83 | increase the potential for reduced morbidity or mortality of |
| 84 | children and reduce the potential for poor outcomes for |
| 85 | children, thereby improving the overall quality of life for |
| 86 | children. In the absence of the exemptions, sensitive, personal |
| 87 | information concerning children would be disclosed. In addition, |
| 88 | the Legislature finds that it is a public necessity that |
| 89 | portions of meetings of the State Child Abuse Death Review |
| 90 | Committee or a local child abuse death review committee, or a |
| 91 | panel or committee assembled by the state committee or a local |
| 92 | committee pursuant to s. 383.402, Florida Statutes, wherein |
| 93 | confidential and exempt information is discussed be made exempt |
| 94 | from public meetings requirements. Without such exemption, open |
| 95 | communication and coordination among the parties involved in |
| 96 | child fatality reviews would be hampered. Furthermore, release |
| 97 | of confidential and exempt information via a public meeting |
| 98 | defeats the purpose of the public records exemption. |
| 99 | Accordingly, the Legislature finds that the harm to the public |
| 100 | that would result from the release of such information |
| 101 | substantially outweighs any minimal public benefit derived |
| 102 | therefrom. |
| 103 | Section 3. This act shall take effect upon becoming a law. |