HB 185

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

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