FL
Florida House Bill H1243

Florida 2022 Regular Session

Florida House Bill H1243 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to public records and public meetings; 2
1616 creating s. 415.1104, F.S.; specifying that 3
1717 information obtained by an elder abuse fatality review 4
1818 team which is confidential or exempt from public 5
1919 records requirements retains its protected status; 6
2020 providing an exemption from public records 7
2121 requirements for personal identifying information of 8
2222 an elder abuse victim and other specified information 9
23-contained in records held by a review team; providing 10
24-an exemption from public meetings requirements for 11
25-portions of review team meetings during which 12
26-confidential or exempt information is discussed; 13
27-providing for future legislative review and repeal; 14
28-providing a statement of public necessity; providing 15
29-an effective date. 16
30- 17
31-Be It Enacted by the Legislature of the State of Florida: 18
32- 19
33- Section 1. Section 415.1104, Florida Statutes, is created 20
34-to read: 21
35- 415.1104 Elder abuse fatality review teams; public record s 22
36-and public meetings exemptions. — 23
23+contained in records created or held by a review team; 10
24+providing an exemption from public meetings 11
25+requirements for portions of review team meetings 12
26+during which confidential or exempt information and 13
27+other specified information are discussed; providing 14
28+for future legislative review and repeal; providing 15
29+statements of public necessity; providing an effective 16
30+date. 17
31+ 18
32+Be It Enacted by the Legislature of the State of Florida: 19
33+ 20
34+ Section 1. Section 415.1104, Florida Statutes, is created 21
35+to read: 22
36+ 415.1104 Certain in formation exempt from disclosure. — 23
3737 (1)(a) Any information that is confidential or exempt from 24
3838 s. 119.07(1) and s. 24(a), Art. I of the State Constitution and 25
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4747 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
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51-is obtained by an elder abuse fatality review team pursuant to 26
52-s. 415.1103 retains its confident ial or exempt status. 27
53- (b) Any information contained in a record held by an elder 28
54-abuse fatality review team which reveals the identity of a 29
55-victim of elder abuse and the address or location of such 30
56-victim's residence; the identity of a person providing d irect 31
57-care to the victim and the address or location of such person's 32
58-residence; and the identity of any person reporting abuse, 33
59-neglect, or exploitation to the central abuse hotline is 34
60-confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 35
61-of the State Constitution. 36
62- (2) Any portion of a meeting of an elder abuse fatality 37
63-review team during which information made confidential or exempt 38
64-pursuant to subsection (1) is discussed is exempt from s. 39
65-286.011 and s. 24(b), Art. I of the State Constitution. 40
66- (3) This section is subject to the Open Government Sunset 41
67-Review Act in accordance with s. 119.15 and shall stand repealed 42
68-on October 2, 2027, unless reviewed and saved from repeal 43
69-through reenactment by the Legislature. 44
70- Section 2. The Legislature finds that it is a public 45
71-necessity that information that is confidential or exempt from 46
72-s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the 47
73-State Constitution remain confidential or exempt when held by an 48
74-elder abuse fatality review team and tha t any information 49
75-contained in a record held by an elder abuse fatality review 50
51+is obtained by an elder abuse fatality review team conducting 26
52+activities described in s. 415.110 3 retains its confidential or 27
53+exempt status when held by that review team. 28
54+ (b) Any information contained in a record created or held 29
55+by an elder abuse fatality review team which reveals the 30
56+identity of a victim of elder abuse; the location, address, or 31
57+other identifying information of the victim's residence or 32
58+residential facility; the identity of any person reporting 33
59+abuse, neglect, or exploitation to the central abuse hotline; or 34
60+information otherwise protected under ss. 741.316 and 741.3165 35
61+is confidential and exempt from s. 119.07(1) and s. 24(a), Art. 36
62+I of the State Constitution. 37
63+ (2) Those portions of meetings of an elder abuse fatality 38
64+review team during which confidential or exempt information; the 39
65+identity of a victim of elder abuse; the location , address, or 40
66+other identifying information of the victim's residence or 41
67+residential facility; the identity of any person reporting 42
68+abuse, neglect, or exploitation to the central abuse hotline; or 43
69+information otherwise protected under ss. 741.316 and 741.3 165 44
70+is discussed are exempt from s. 286.011 and s. 24(b), Art. I of 45
71+the State Constitution. 46
72+ (3) This section is subject to the Open Government Sunset 47
73+Review Act in accordance with s. 119.15 and shall stand repealed 48
74+on October 2, 2027, unless reviewed and saved from repeal 49
75+through reenactment by the Legislature. 50
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8484 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
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88-team which reveals the identity of a victim of elder abuse and 51
89-the address or location of such victim's residence; the identity 52
90-of a person providing direct care to the victim a nd the address 53
91-or location of such person's residence; and the identity of any 54
92-person reporting abuse, neglect, or exploitation to the central 55
93-abuse hotline be made confidential and exempt from public 56
94-records requirements. Without the public records exempt ion, 57
95-sensitive personal information concerning victims of elder abuse 58
96-and persons providing direct care to such victims, as well as 59
97-persons reporting abuse, neglect, or exploitation to the central 60
98-abuse hotline, would be subject to public disclosure and op en 61
99-communication and coordination among the parties involved in 62
100-elder abuse fatality review teams would be hampered. The 63
101-Legislature further finds that it is a public necessity that any 64
102-portion of a meeting of an elder abuse fatality review team 65
103-during which confidential or exempt information is discussed be 66
104-made exempt from s. 286.011, Florida Statutes, and s. 24(b), 67
105-Article I of the State Constitution. The failure to close 68
106-portions of meetings during which confidential or exempt 69
107-information is discussed w ould defeat the purpose of the public 70
108-records exemption and would have a chilling effect on the 71
109-ability of the task force members to discuss the information 72
110-that the members have been tasked with reviewing and analyzing. 73
111-As such, the Legislature finds that without the exemptions from 74
112-public records and public meetings requirements, the elder abuse 75
88+ Section 2. (1) The Legislature finds that it is a public 51
89+necessity that information that is confidential or exempt from 52
90+s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the 53
91+State Constitution remain confidential or exempt when held by an 54
92+elder abuse fatality review team and that any information 55
93+contained in a record created or held by an elder abuse fatality 56
94+review team which reveals the identity of a victim of elder 57
95+abuse; the location, address, or other identifying information 58
96+of the victim's residence or residential facility; the identity 59
97+of any person reporting abuse, neglect, or exploitation to the 60
98+central abuse hotline; or information otherwise protected under 61
99+ss. 741.316 and 741.3165, Florida Statutes, be confidential and 62
100+exempt from public records requirements. Otherwise, sensitive 63
101+personal information concerning victims of elder abuse and their 64
102+caregivers; persons reporting abuse, neglect, or exploitation to 65
103+the central abuse hotline; and victims of domestic violence 66
104+would be disclosed, and open communication and coordination 67
105+among the parties involved in elder abuse fatality review teams 68
106+would be hampered. The harm that would result from the release 69
107+of such information substant ially outweighs any public benefit 70
108+that would be achieved by disclosure. 71
109+ (2) The Legislature further finds that it is a public 72
110+necessity that portions of meetings of an elder abuse fatality 73
111+review team during which confidential or exempt information; the 74
112+identity of a victim of elder abuse; the location, address, or 75
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121121 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
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125-fatality review teams would be unable to operate in an effective 76
126-and efficient manner. 77
127- Section 3. This act shall take effect July 1, 2022. 78
125+other identifying information of the victim's residence or 76
126+residential facility; the identity of any person reporting 77
127+abuse, neglect, or exploitation to the central abuse hotline; or 78
128+information otherwise protected under ss. 741.316 and 741.3165, 79
129+Florida Statutes, is discussed be exempt from s. 286.011, 80
130+Florida Statutes, and s. 24(b), Article I of the State 81
131+Constitution. The failure to close portions of meetings during 82
132+which confidential or exe mpt information; the identity of a 83
133+victim of elder abuse; the location, address, or other 84
134+identifying information of the victim's residence or residential 85
135+facility; the identity of any person reporting abuse, neglect, 86
136+or exploitation to the central abuse h otline; or information 87
137+otherwise protected under ss. 741.316 and 741.3165, Florida 88
138+Statutes, is discussed would defeat the purpose of the public 89
139+records exemption. Further, the Legislature finds that the 90
140+exemption is narrowly tailored to apply to only cert ain portions 91
141+of meetings of elder abuse fatality review teams to allow for 92
142+public oversight. 93
143+ Section 3. This act shall take effect July 1, 2022. 94