Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1718
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/10/2020           .                                

       The Committee on Governmental Oversight and Accountability
       (Brandes) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsection (7) of section 945.0912,
    6  Florida Statutes, as created by SB 574 or other similar
    7  legislation, 2020 Regular Session, is redesignated as subsection
    8  (8), and a new subsection (7) is added to that section, to read:
    9         945.0912 Conditional aging inmate release.—
   11         (a)That portion of a panel review hearing conducted in
   12  accordance with this section during which the panel will discuss
   13  information that is exempt from public inspection and copying
   14  requirements under state law or confidential under federal law,
   15  such as protected health information covered by the Health
   16  Insurance Portability and Accountability Act, is exempt from s.
   17  286.011 and s. 24(b), Art. I of the State Constitution. If the
   18  panel must discuss exempt or confidential information during the
   19  course of its meeting, the following requirements must be met:
   20         1.The panel must announce at the public meeting that, in
   21  connection with the performance of the panel’s duties, exempt or
   22  confidential information must be discussed;
   23         2.The panel must declare the specific reasons that it is
   24  necessary to close the meeting, or a portion thereof, in a
   25  document that is a public record and filed with the official
   26  records of the program; and
   27         3.The entire closed hearing must be recorded. The
   28  recording must include the times of commencement and termination
   29  of the closed hearing or portion thereof, all discussion and
   30  proceedings, and the names of the persons present.
   31         (b)1.That portion of the records the panel uses to
   32  determine the appropriateness of conditional aging inmate
   33  release which includes any exempt or confidential information is
   34  confidential and exempt from disclosure under s. 119.07(1) and
   35  s. 24(a), Art. I of the State Constitution.
   36         2.Any audio or video recording or transcript of, and any
   37  minutes and notes generated during, a closed hearing of the
   38  panel or closed portion of a hearing of the panel are
   39  confidential and exempt from disclosure under s. 119.07(1) and
   40  s. 24(a), Art. I of the State Constitution. Such audio or video
   41  recording, transcript, minutes and notes must be retained
   42  pursuant to the requirements of s. 119.021.
   43         (c)Only members of the panel, staff supporting the panel’s
   44  functions, the inmate for whom the panel has convened, and
   45  licensed medical personnel called by the panel to provide
   46  testimony regarding exempt or confidential information shall be
   47  allowed to attend the closed portions of panel hearings. The
   48  panel shall ensure that any closure of its meetings as
   49  authorized by this section is limited so that the policy of the
   50  state in favor of public meetings is maintained.
   51         (d)This subsection is subject to the Open Government
   52  Sunset Review Act in accordance with s. 119.15 and shall stand
   53  repealed on October 2, 2025, unless reviewed and saved from
   54  repeal through reenactment by the Legislature.
   55         Section 2. The Legislature finds that it is a public
   56  necessity that the hearings or portions of hearings during which
   57  exempt or confidential information is discussed by the review
   58  panel considering an inmate’s conditional aging inmate release
   59  be made exempt from s. 286.011, Florida Statutes, and s. 24(b),
   60  Article I of the State Constitution. The Legislature finds that
   61  the rights of an inmate afforded under other state or federal
   62  laws that deem certain personal information confidential, such
   63  as protected health information covered by the Health Insurance
   64  Portability and Accountability Act, be upheld and that the
   65  inmate’s exempt or confidential information not be disclosed to
   66  the public during such hearings. The Legislature also finds that
   67  the recordings and transcripts of a panel review hearing and the
   68  records used by the panel to make its determination be made
   69  confidential and exempt from disclosure under s. 119.07(1),
   70  Florida Statutes, and s. 24(a), Article I of the State
   71  Constitution. The inmate’s exempt or confidential information,
   72  if publicly available, could be used to invade his or her
   73  personal privacy. Making these reports and discussions of such
   74  information confidential and exempt from disclosure will protect
   75  information of a sensitive personal nature, the release of which
   76  could cause unwarranted damage to the privacy rights of the
   77  inmate. The Legislature therefore finds that it is a public
   78  necessity that such information be made confidential and exempt.
   79         Section 3. This act shall take effect on the same date that
   80  SB 574 or similar legislation relating to conditional aging
   81  inmate release takes effect, if such legislation is adopted in
   82  the same legislative session or an extension thereof and becomes
   83  a law.
   85  ================= T I T L E  A M E N D M E N T ================
   86  And the title is amended as follows:
   87         Delete everything before the enacting clause
   88  and insert:
   89                        A bill to be entitled                      
   90         An act relating to public meetings and records;
   91         amending s. 945.0912, F.S.; exempting from public
   92         meetings requirements that portion of a meeting at
   93         which the exempt or confidential information of
   94         specified inmates being considered for the conditional
   95         aging inmate release program are discussed; exempting
   96         from public records requirements certain records used
   97         by the reviewing panel to make a determination of the
   98         appropriateness of conditional aging inmate release
   99         and the recordings and transcripts of closed panel
  100         review hearings; providing for legislative review and
  101         repeal of the exemption; providing a statement of
  102         public necessity; providing a contingent effective
  103         date.