Florida Senate - 2022                                    SB 1594
       
       
        
       By Senator Gibson
       
       
       
       
       
       6-01078-22                                            20221594__
    1                        A bill to be entitled                      
    2         An act relating to public records and public meetings;
    3         amending s. 415.1103, F.S.; specifying that
    4         information obtained by an elder abuse fatality review
    5         team which is exempt or confidential and exempt from
    6         public records requirements retains its protected
    7         status; providing an exemption from public records
    8         requirements for personal identifying information of
    9         an elder abuse victim in records created by a review
   10         team; providing an exemption from public meetings
   11         requirements for portions of review team meetings at
   12         which exempt or confidential and exempt information or
   13         the identity of an elder abuse victim is discussed;
   14         providing for future legislative review and repeal;
   15         providing statements of public necessity; providing an
   16         effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (7) is added to section 415.1103,
   21  Florida Statutes, to read:
   22         415.1103 Elder abuse fatality review teams.—
   23         (7)(a) Any information that is exempt or confidential and
   24  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   25  Constitution and is obtained by an elder abuse fatality review
   26  team conducting a review under this section retains its exempt
   27  or confidential and exempt status when held by that review team.
   28         (b) Any information contained in a record created by an
   29  elder abuse fatality review team which reveals the identity of a
   30  victim of elder abuse is confidential and exempt from s.
   31  119.07(1) and s. 24(a), Art. I of the State Constitution.
   32         (c) Those portions of meetings of an elder abuse fatality
   33  review team at which exempt or confidential and exempt
   34  information or the identity of a victim of elder abuse is
   35  discussed are exempt from s. 286.011 and s. 24(b), Art. I of the
   36  State Constitution.
   37         (d) This subsection is subject to the Open Government
   38  Sunset Review Act in accordance with s. 119.15 and shall stand
   39  repealed on October 2, 2027, unless reviewed and saved from
   40  repeal through reenactment by the Legislature.
   41         Section 2. (1) The Legislature finds that it is a public
   42  necessity that information that is exempt or confidential and
   43  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   44  Article I of the State Constitution remain exempt or
   45  confidential and exempt when held by an elder abuse fatality
   46  review team and that any information contained in a record
   47  created by an elder abuse fatality review team which reveals the
   48  identity of a victim of elder abuse be confidential and exempt
   49  from public records requirements. Otherwise, sensitive personal
   50  information concerning victims of elder abuse would be
   51  disclosed, and open communication and coordination among the
   52  parties involved in elder abuse fatality review teams would be
   53  hampered. The harm that would result from the release of such
   54  information substantially outweighs any public benefit that
   55  would be achieved by disclosure.
   56         (2) The Legislature further finds that it is a public
   57  necessity that portions of meetings of an elder abuse fatality
   58  review team at which exempt or confidential and exempt
   59  information or the identity of a victim of elder abuse is
   60  discussed be exempt from s. 286.011, Florida Statutes, and s.
   61  24(b), Article I of the State Constitution. The failure to close
   62  portions of meetings at which exempt or confidential and exempt
   63  information or the identity of a victim of elder abuse is
   64  discussed would defeat the purpose of the public records
   65  exemption. Further, the Legislature finds that the exemption is
   66  narrowly tailored to apply to only certain portions of meetings
   67  of elder abuse fatality review teams, to allow for public
   68  oversight.
   69         Section 3. This act shall take effect July 1, 2022.