SB 7032                                          First Engrossed
       
       
       
       
       
       
       
       
       20157032e1
       
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         383.412, F.S.; removing the public records exemption
    4         for information held by the State Child Abuse Death
    5         Review Committee or a local committee that reveals the
    6         identity of family members or others living in the
    7         home of a child whose death occurred as a result of a
    8         verified report of abuse or neglect; exempting
    9         information held by the State Child Abuse Death Review
   10         Committee or a local committee that identifies a
   11         deceased child whose death is reported to the central
   12         abuse hotline but whose death is not the result of
   13         abuse or neglect and the identity of the surviving
   14         siblings, family members, or others living in the home
   15         of such a deceased child; reenacting the public
   16         meeting exemption to incorporate changes made by the
   17         act to the public records exemption; authorizing
   18         release of such information to specified persons under
   19         certain circumstances; providing for future
   20         legislative review and repeal of the exemption under
   21         the Open Government Sunset Review Act; providing a
   22         statement of public necessity; providing an effective
   23         date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 383.412, Florida Statutes, is amended to
   28  read:
   29         383.412 Public records and public meetings exemptions.—
   30         (1) For purposes of this section, the term “local
   31  committee” means a local child abuse death review committee or a
   32  panel or committee assembled by the State Child Abuse Death
   33  Review Committee or a local child abuse death review committee
   34  pursuant to s. 383.402.
   35         (2)(a) Any information held by the State Child Abuse Death
   36  Review Committee or a local committee which reveals the identity
   37  of the surviving siblings of a deceased child whose death
   38  occurred as the result of a verified report of abuse or neglect
   39  is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
   40  I of the State Constitution.
   41         (b) Any information held by the State Child Abuse Death
   42  Review Committee or a local committee which that reveals the
   43  identity of a deceased child whose death has been reported to
   44  the central abuse hotline but determined not to be the result of
   45  abuse or neglect, or the identity of the surviving siblings,
   46  family members, or others living in the home of such a deceased
   47  child, who is the subject of review by and which information is
   48  held by the State Child Abuse Death Review Committee or a local
   49  committee is confidential and exempt from s. 119.07(1) and s.
   50  24(a), Art. I of the State Constitution.
   51         (c)(b) Information made confidential or exempt from s.
   52  119.07(1) and s. 24(a), Art. I of the State Constitution which
   53  that is obtained by the State Child Abuse Death Review Committee
   54  or a local committee shall retain its confidential or exempt
   55  status.
   56         (3)(a) Portions of meetings of the State Child Abuse Death
   57  Review Committee or a local committee at which information made
   58  confidential and exempt pursuant to subsection (2) is discussed
   59  are exempt from s. 286.011 and s. 24(b), Art. I of the State
   60  Constitution. The closed portion of a meeting must be recorded,
   61  and no portion of the closed meeting may be off the record. The
   62  recording shall be maintained by the State Child Abuse Death
   63  Review Committee or a local committee.
   64         (b) The recording of a closed portion of a meeting is
   65  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   66  Constitution.
   67         (4) The State Child Abuse Death Review Committee and local
   68  committees may share information made confidential and exempt by
   69  this section:
   70         (a) With each other;
   71         (b) With a governmental agency in furtherance of its
   72  duties; or
   73         (c) With any person or entity authorized by the Department
   74  of Health to use such relevant information for bona fide
   75  research or statistical purposes. A person or entity who is
   76  authorized to obtain such relevant information for research or
   77  statistical purposes must enter into a privacy and security
   78  agreement with the Department of Health and comply with all laws
   79  and rules governing the use of such records and information for
   80  research or statistical purposes. Anything identifying the
   81  subjects of such relevant information must be treated as
   82  confidential by the person or entity and may not be released in
   83  any form any relevant information regarding case reviews
   84  involving child death, which information is made confidential
   85  and exempt by this section.
   86         (5) Any person who knowingly or willfully makes public or
   87  discloses to any unauthorized person any information made
   88  confidential and exempt under this section commits a misdemeanor
   89  of the first degree, punishable as provided in s. 775.082 or s.
   90  775.083.
   91         (6) This section is subject to the Open Government Sunset
   92  Review Act in accordance with s. 119.15, and shall stand
   93  repealed on October 2, 2020 2015, unless reviewed and saved from
   94  repeal through reenactment by the Legislature.
   95         Section 2. The Legislature finds that it is a public
   96  necessity that any information held by the State Child Abuse
   97  Death Review Committee or a local committee as defined in s.
   98  383.412, Florida Statutes, which reveals the identity of a
   99  deceased child whose death has been reported to the central
  100  abuse hotline but determined not to be the result of abuse or
  101  neglect, or the identity of the surviving siblings, family
  102  members, or others living in the home of such deceased child, be
  103  held confidential and exempt from public records requirements.
  104  The Legislature further finds that it is a public necessity that
  105  these committees have the authority to maintain the confidential
  106  or exempt status of records otherwise confidential or exempt
  107  which are provided to them regarding such children. The
  108  Legislature also finds that it is a public necessity that
  109  portions of meetings of the State Child Abuse Death Review
  110  Committee or a local committee wherein the confidential and
  111  exempt information is discussed be made exempt from public
  112  meeting requirements, and that the recordings of closed portions
  113  of such meetings be made exempt from public records
  114  requirements. In 1999, the Legislature authorized the creation
  115  of the committees to review the facts and circumstances
  116  surrounding the deaths of children in this state which occur as
  117  the result of reported child abuse or neglect and to prepare an
  118  annual statistical report on the incidence and causes of death
  119  resulting from child abuse. Since 2004, cases analyzed by the
  120  committees have been limited to reports of verified abuse or
  121  neglect. The Legislature made identifying information of the
  122  surviving siblings, family members, or others living in the home
  123  of the child who died as a result of verified abuse or neglect
  124  confidential and exempt from public records requirements to
  125  ensure that cases could be vetted thoroughly through open
  126  communication without risk of disclosure of the identifying
  127  information. In 2014, the Legislature expanded the scope of
  128  cases reviewed by the committees to include all deaths reported
  129  to the child abuse hotline, regardless of whether the deaths
  130  were the result of verified abuse or neglect, and this act
  131  expands the public records exemption accordingly. If the
  132  identifying information related to these reports were to be
  133  disclosed, it could result in emotional or reputational harm to
  134  the family and caregivers and an unnecessary invasion of their
  135  privacy and the privacy of the deceased child. In addition, the
  136  committees must be able to maintain the otherwise confidential
  137  and exempt status of records that are provided to them to ensure
  138  continued access to such records and the opportunity for a
  139  thorough and open review of cases. Therefore, the Legislature
  140  finds that the harm that may result from the release of such
  141  information through a public records request or a public meeting
  142  substantially outweighs any minimal public benefit that may be
  143  derived from its disclosure.
  144         Section 3. This act shall take effect upon becoming a law.