CS/CS/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
A bill to be entitled 1
An act relating to public records and public meetings; 2
creating s. 415.1104, F.S.; specifying that 3
information obtained by an elder abuse fatality review 4
team which is confidential or exempt from public 5
records requirements retains its protected status; 6
providing an exemption from public records 7
requirements for personal identifying information of 8
an elder abuse victim and other specified information 9
contained in records held by a review team; providing 10
an exemption from public meetings requirements for 11
portions of review team meetings during which 12
confidential or exempt information is discussed; 13
providing for future legislative review and repeal; 14
providing a statement of public necessity; providing 15
an effective date. 16
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Be It Enacted by the Legislature of the State of Florida: 18
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Section 1. Section 415.1104, Florida Statutes, is created 20
to read: 21
415.1104 Elder abuse fatality review teams; public record s 22
and public meetings exemptions. — 23
(1)(a) Any information that is confidential or exempt from 24
s. 119.07(1) and s. 24(a), Art. I of the State Constitution and 25
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is obtained by an elder abuse fatality review team pursuant to 26
s. 415.1103 retains its confident ial or exempt status. 27
(b) Any information contained in a record held by an elder 28
abuse fatality review team which reveals the identity of a 29
victim of elder abuse and the address or location of such 30
victim's residence; the identity of a person providing d irect 31
care to the victim and the address or location of such person's 32
residence; and the identity of any person reporting abuse, 33
neglect, or exploitation to the central abuse hotline is 34
confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 35
of the State Constitution. 36
(2) Any portion of a meeting of an elder abuse fatality 37
review team during which information made confidential or exempt 38
pursuant to subsection (1) is discussed is exempt from s. 39
286.011 and s. 24(b), Art. I of the State Constitution. 40
(3) This section is subject to the Open Government Sunset 41
Review Act in accordance with s. 119.15 and shall stand repealed 42
on October 2, 2027, unless reviewed and saved from repeal 43
through reenactment by the Legislature. 44
Section 2. The Legislature finds that it is a public 45
necessity that information that is confidential or exempt from 46
s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the 47
State Constitution remain confidential or exempt when held by an 48
elder abuse fatality review team and tha t any information 49
contained in a record held by an elder abuse fatality review 50
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team which reveals the identity of a victim of elder abuse and 51
the address or location of such victim's residence; the identity 52
of a person providing direct care to the victim a nd the address 53
or location of such person's residence; and the identity of any 54
person reporting abuse, neglect, or exploitation to the central 55
abuse hotline be made confidential and exempt from public 56
records requirements. Without the public records exempt ion, 57
sensitive personal information concerning victims of elder abuse 58
and persons providing direct care to such victims, as well as 59
persons reporting abuse, neglect, or exploitation to the central 60
abuse hotline, would be subject to public disclosure and op en 61
communication and coordination among the parties involved in 62
elder abuse fatality review teams would be hampered. The 63
Legislature further finds that it is a public necessity that any 64
portion of a meeting of an elder abuse fatality review team 65
during which confidential or exempt information is discussed be 66
made exempt from s. 286.011, Florida Statutes, and s. 24(b), 67
Article I of the State Constitution. The failure to close 68
portions of meetings during which confidential or exempt 69
information is discussed w ould defeat the purpose of the public 70
records exemption and would have a chilling effect on the 71
ability of the task force members to discuss the information 72
that the members have been tasked with reviewing and analyzing. 73
As such, the Legislature finds that without the exemptions from 74
public records and public meetings requirements, the elder abuse 75
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fatality review teams would be unable to operate in an effective 76
and efficient manner. 77
Section 3. This act shall take effect July 1, 2022. 78