Florida Senate - 2020 (PROPOSED BILL) SPB 7002 FOR CONSIDERATION By the Committee on Children, Families, and Elder Affairs 586-01016-20 20207002pb 1 A bill to be entitled 2 An act relating to a review under the Open Government 3 Sunset Review Act; amending s. 383.412, F.S., relating 4 to an exemption from public records and meeting 5 requirements for certain identifying information held 6 or discussed by the State Child Abuse Death Review 7 Committee or a local committee; removing the scheduled 8 repeal of the exemption; providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Subsection (6) of section 383.412, Florida 13 Statutes, is amended to read: 14 383.412 Public records and public meetings exemptions.— 15 (1) For purposes of this section, the term “local 16 committee” means a local child abuse death review committee or a 17 panel or committee assembled by the State Child Abuse Death 18 Review Committee or a local child abuse death review committee 19 pursuant to s. 383.402. 20 (2)(a) Any information held by the State Child Abuse Death 21 Review Committee or a local committee which reveals the identity 22 of the surviving siblings of a deceased child whose death 23 occurred as the result of a verified report of abuse or neglect 24 is confidential and exempt from s. 119.07(1) and s. 24(a), Art. 25 I of the State Constitution. 26 (b) Any information held by the State Child Abuse Death 27 Review Committee or a local committee which reveals the identity 28 of a deceased child whose death has been reported to the central 29 abuse hotline but determined not to be the result of abuse or 30 neglect, or the identity of the surviving siblings, family 31 members, or others living in the home of such deceased child, is 32 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 33 of the State Constitution. 34 (c) Information made confidential or exempt from s. 35 119.07(1) and s. 24(a), Art. I of the State Constitution which 36 is obtained by the State Child Abuse Death Review Committee or a 37 local committee shall retain its confidential or exempt status. 38 (3)(a) Portions of meetings of the State Child Abuse Death 39 Review Committee or a local committee at which information made 40 confidential and exempt pursuant to subsection (2) is discussed 41 are exempt from s. 286.011 and s. 24(b), Art. I of the State 42 Constitution. The closed portion of a meeting must be recorded, 43 and no portion of the closed meeting may be off the record. The 44 recording shall be maintained by the State Child Abuse Death 45 Review Committee or a local committee. 46 (b) The recording of a closed portion of a meeting is 47 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 48 Constitution. 49 (4) The State Child Abuse Death Review Committee and local 50 committees may share information made confidential and exempt by 51 this section: 52 (a) With each other; 53 (b) With a governmental agency in furtherance of its 54 duties; or 55 (c) With any person or entity authorized by the Department 56 of Health to use such relevant information for bona fide 57 research or statistical purposes. A person or entity who is 58 authorized to obtain such relevant information for research or 59 statistical purposes must enter into a privacy and security 60 agreement with the Department of Health and comply with all laws 61 and rules governing the use of such records and information for 62 research or statistical purposes. Anything identifying the 63 subjects of such relevant information must be treated as 64 confidential by the person or entity and may not be released in 65 any form. 66 (5) Any person who knowingly or willfully makes public or 67 discloses to any unauthorized person any information made 68 confidential and exempt under this section commits a misdemeanor 69 of the first degree, punishable as provided in s. 775.082 or s. 70 775.083. 71
(6) This section is subject to the Open Government Sunset72 Review Act in accordance with s. 119.15, and shall stand73 repealed on October 2, 2020, unless reviewed and saved from74 repeal through reenactment by the Legislature.75 Section 2. This act shall take effect October 1, 2020.