Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1728
       
       
       
       
       
       
                                Ì1490849Î149084                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/28/2020           .                                
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       The Committee on Criminal Justice (Brandes) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 51 - 79
    4  and insert:
    5  portion of a hearing of the panel are confidential and exempt
    6  from disclosure under s. 119.07(1) and s. 24(a), Art. I of the
    7  State Constitution. Such audio or video recording and minutes
    8  and notes must be retained pursuant to the requirements of s.
    9  119.021.
   10         (c) Only members of the panel, staff supporting the panel’s
   11  functions, and other persons whose presence has been authorized
   12  by the panel shall be allowed to attend the closed portions of
   13  panel hearings. The panel shall ensure that any closure of its
   14  meetings as authorized by this section is limited so that the
   15  policy of the state in favor of public meetings is maintained.
   16         (d) This subsection is subject to the Open Government
   17  Sunset Review Act in accordance with s. 119.15 and shall stand
   18  repealed on October 2, 2025, unless reviewed and saved from
   19  repeal through reenactment by the Legislature.
   20         Section 2. The Legislature finds that it is a public
   21  necessity that the hearings or portions of hearings during which
   22  an inmate’s personal information is discussed by the review
   23  panel considering the inmate’s conditional medical release be
   24  made exempt from s. 286.011, Florida Statutes, and s. 24(b),
   25  Article I of the State Constitution. The Legislature finds that
   26  the rights of an inmate afforded under other state or federal
   27  laws that deem certain personal information confidential, such
   28  as protected health information covered by the Health Insurance
   29  Portability and Accountability Act, be upheld and that the
   30  inmate’s personal information not be disclosed to the public
   31  during such hearings. The Legislature also finds that the
   32  recordings of a panel review hearing and the records used by the
   33  panel to make its determination be made confidential and exempt
   34  from disclosure