HB 1243 2022
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hb1243-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to public records and meetings; 2
amending s. 415.1103, F.S.; specifying that any exempt 3
or confidential and exempt information obtained by an 4
elder abuse fatality review team retains its exempt or 5
confidential and exempt status; providing an exemption 6
from public records requirements for identifying 7
information of an elder abuse victim in records 8
created by an elder abuse fatality review team; 9
providing an exemption from public meetings 10
requirements for portions of elder abuse fatality 11
review team meetings at which exempt or confidential 12
and exempt information or the identity of an elder 13
abuse victim is discussed; providing an exemption from 14
public records requirements for records created by an 15
elder abuse fatality review team during those portions 16
of such meetings; providing for future legislative 17
review and repeal; providing statements of public 18
necessity; providing an effective date. 19
20
Be It Enacted by the Legislature of the State of Florida: 21
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Section 1. Subsections (5) and (6) of section 415.1103, 23
Florida Statutes, are renumbered as subsections (6) and (7), 24
respectively, and a new subsection (5) is added to that section 25
HB 1243 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to read: 26
415.1103 Elder abuse fatality review teams ; public records 27
and meetings exemptions .— 28
(5)(a) Any information obtained by an elder abuse fatality 29
review team conducting a review under this section which is 30
exempt or confidential and exempt from s. 119.07(1) and s. 31
24(a), Art. I of the State Constitution shall retain its exempt 32
or confidential and exempt status when held by the elder abuse 33
fatality review team. 34
(b) Any information contained in a record created by an 35
elder abuse fatality review team which reveals the identity of a 36
victim of elder abuse is confidential and exempt from s. 37
119.07(1) and s. 24(a), Art. I of the State Constitution. 38
(c)1. Those portions of meetings of an elder abuse 39
fatality review team at which exempt or confidential and exempt 40
information or the identity of a victim of elder abuse is 41
discussed are exempt from s. 286.011 and s. 24(b), Art. I of the 42
State Constitution. 43
2. Any records created by an elder abuse fatality review 44
team during those portions of meetings that are exempt unde r 45
subparagraph 1. are exempt from s. 119.07(1) and s. 24(a), Art. 46
I of the State Constitution. 47
(d) This subsection is subject to the Open Government 48
Sunset Review Act in accordance with s. 119.15 and shall stand 49
repealed on October 2, 2027, unless review ed and saved from 50
HB 1243 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
repeal through reenactment by the Legislature. 51
Section 2. (1) The Legislature finds that it is a public 52
necessity that information that is exempt or confidential and 53
exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 54
Article I of the State Constitution remain exempt or 55
confidential and exempt when held by an elder abuse fatality 56
review team and that any information contained in a record 57
created by an elder abuse fatality review team which reveals the 58
identity of a victim of eld er abuse be made confidential and 59
exempt from public records requirements. Otherwise, sensitive 60
personal information regarding victims of elder abuse would be 61
disclosed, and open communication and coordination among the 62
participants of elder abuse fatality review teams would be 63
hampered. The harm that would result from the release of such 64
information substantially outweighs any public benefit that 65
would be achieved by its disclosure. 66
(2) The Legislature also finds that it is a public 67
necessity that those portions of meetings of an elder abuse 68
fatality review team at which exempt or confidential and exempt 69
information or the identity of a victim of elder abuse is 70
discussed be made exempt from s. 286.011, Florida Statutes, and 71
s. 24(b), Article I of the Stat e Constitution. The failure to 72
close portions of meetings at which exempt or confidential and 73
exempt information or the identity of a victim of elder abuse is 74
discussed would defeat the purpose of the public records 75
HB 1243 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
exemption described in subsection (1). T he Legislature also 76
finds that records created by an elder abuse fatality review 77
team during those portions of meetings that are closed to the 78
public must be protected for the same reasons that justify the 79
closing of those meetings. Furthermore, the Legisl ature finds 80
that the public records and meetings exemptions are narrowly 81
tailored to apply to only certain portions of meetings of elder 82
abuse fatality review teams and the records created by such 83
teams during those portions of such meetings to allow for p ublic 84
oversight. 85
Section 3. This act shall take effect October 1, 2022. 86