HB 1569 2023
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hb1569-00
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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 public meetings; 2
creating s. 415.1104, F.S.; specifying that 3
information obtained by an elder and vulnerable adult 4
abuse fatality review team which is confidential or 5
exempt from public records requirements retains its 6
protected status; providing an exemption from public 7
records requirements for personal identifying 8
information of an elder or vulnerable adult abuse 9
victim and other specified information contained in 10
records held by a review team; providing an exemption 11
from public meetings requirements for portions of 12
review team meetings during which confidential or 13
exempt information is discussed; providing for future 14
legislative review and repeal of the exemption; 15
providing a statement of public necessity; providing a 16
contingent effective date. 17
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Be It Enacted by the Legislature of the State of Florida: 19
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Section 1. Section 415.1104, Florida Statutes, is created 21
to read: 22
415.1104 Confidentiality of information and meetings held 23
by elder and vulnerable adult abuse fatality review teams. — 24
(1)(a) Any information that is confidential or exempt from 25
HB 1569 2023
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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
s. 119.07(1) and s. 24(a), Art. I of the State Constitution and 26
is obtained by an elder and vulnerable adult abuse fatality 27
review team while executing its duties under s. 415.1103 shall 28
retain its confidential or exempt status when held by the elder 29
and vulnerable adult abuse fatality review team. 30
(b) Any information contained in a record created by an 31
elder and vulnerable adult abuse fatality review team pursuant 32
to s. 415.1103 that reveals the identity of a victim of elder or 33
vulnerable adult abuse, exploitation, or neglect or the identity 34
of persons responsible for the welfare of the victim is 35
confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 36
of the State Constitution. 37
(c) Any information that is maintained as confidential or 38
exempt within this chapter shall retain its confidential or 39
exempt status when held by an elder and vulnerable adult abuse 40
fatality review team. 41
(2) Portions of meetings of an elder and vulnerable adult 42
abuse fatality review team regarding elder or vulnerable adult 43
abuse, exploitation, or neglect or abuse -related deaths, and the 44
prevention of such abuse, exploitation, neglect, or deaths, 45
during which confidential or exempt information, information 46
protected within this chapter, the identity of the victim, or 47
the identity of persons responsible for the welfare of the 48
victim is discussed, are exempt from s. 286.011 and s. 24(b), 49
Art. I of the State Constitution. 50
HB 1569 2023
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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
(3) This section is subject to the Open Government Sunset 51
Review Act in accordance with s. 119.15 and shall stand repealed 52
on October 2, 2028, unless reviewed and saved fr om repeal 53
through reenactment by the Legislature. 54
Section 2. (1) The Legislature finds that it is a public 55
necessity that information that is exempt or confidential and 56
exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 57
Article I of the State C onstitution remain exempt or 58
confidential and exempt when held by an elder and vulnerable 59
adult abuse fatality review team. Additionally, the Legislature 60
finds that it is a public necessity that information that 61
reveals the identity of a victim of elder or vulnerable adult 62
abuse, exploitation, or neglect or the identity of persons 63
responsible for the welfare of such victim be confidential and 64
exempt from public records requirements because the disclosure 65
of such sensitive personal information could hamper t he open 66
communication and coordination among the parties involved in the 67
elder and vulnerable adult abuse fatality review team. The harm 68
that would result from the release of such information 69
substantially outweighs any public benefit that would be 70
achieved by disclosure. 71
(2) The Legislature further finds that it is a public 72
necessity that portions of meetings of an elder and vulnerable 73
adult abuse fatality review team during which confidential or 74
exempt information, information protected within this chap ter, 75
HB 1569 2023
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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
the identity of the victim, or the identity of persons 76
responsible for the welfare of the victim is discussed, are 77
exempt from s. 286.011 and s. 24(b), Art. I of the State 78
Constitution. The failure to close the portions of the meetings 79
in which such sensitive personal information is discussed would 80
defeat the purpose of the public records exemption. Further, the 81
Legislature finds that the exemption is narrowly tailored to 82
apply to only those portions of the meetings in which such 83
sensitive personal inf ormation is discussed and the remainder of 84
such meetings remain open to allow for public oversight. 85
Section 3. This act shall take effect on the same date 86
that HB 1567 or similar legislation takes effect , if such 87
legislation is adopted in the same le gislative session or an 88
extension thereof and becomes a law. 89