FL
Florida House Bill H1569

Florida 2023 Regular Session

Florida House Bill H1569 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 and vulnerable adult 4
18-abuse fatality review team which is exempt or 5
19-confidential and exempt from public records 6
20-requirements retains its protected status; providing 7
21-an exemption from public records requirements for 8
22-personal identifying information of an abuse victim 9
23-and other specified information contained in records 10
24-held by a review team; providing an exemption from 11
25-public meetings requirements for portions of review 12
26-team meetings during which exempt or confidential and 13
18+abuse fatality review team which is confidential or 5
19+exempt from public records requirements retains its 6
20+protected status; providing an exemption from public 7
21+records requirements for personal identifying 8
22+information of an elder or vulnerable adult abuse 9
23+victim and other specified information contained in 10
24+records held by a review team; providing an exemption 11
25+from public meetings requirements for portions of 12
26+review team meetings during which confidential or 13
2727 exempt information is discussed; providing for future 14
2828 legislative review and repeal of the exemption; 15
29-providing statements of public necessity; providing a 16
29+providing a statement of public necessity; providing a 16
3030 contingent effective date. 17
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3232 Be It Enacted by the Legislature of the State of Florida: 19
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3434 Section 1. Section 415.1104, Florida Statutes, is created 21
3535 to read: 22
3636 415.1104 Confidentiality of information and meetings held 23
3737 by elder and vulnerable adult abuse fatality review teams. — 24
38- (1)(a)1. Any information that is exempt or confidential 25
38+ (1)(a) Any information that is confidential or exempt from 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-and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 26
52-Constitution and is obtained by an elder and vulnerable adult 27
53-abuse fatality review team while executing its duties under s. 28
54-415.1103 shall retain its exempt or confidential and exempt 29
55-status when held by the review team. 30
56- 2. Any information contained in a record c reated by a 31
57-review team pursuant to s. 415.1103 which reveals the identity 32
58-of a victim of abuse, exploitation, or neglect or the identity 33
59-of persons responsible for the welfare of a victim 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- 3. Any information that is maintained as exempt or 37
63-confidential and exempt within this chapter retains its exempt 38
64-or confidential and exempt status when held by a review team. 39
65- (b) Portions of meetings of a review team relating to 40
66-abuse, exploitation, or neglect or abuse -related deaths of 41
67-elderly persons or vulnerable adults, and the prevention of such 42
68-abuse, exploitation, neglect, or deaths, during which exempt or 43
69-confidential and exempt information, information protected 44
70-within this chapter, the identity of the victim, or the identity 45
71-of persons responsible for the welfare of the victim is 46
72-discussed, are exempt from s. 286.011 and s. 24(b), Art. I of 47
73-the State Constitution. 48
74- (c) This subsection is subject to the Open Governmen t 49
75-Sunset Review Act in accordance with s. 119.15 and shall stand 50
51+s. 119.07(1) and s. 24(a), Art. I of the State Constitution and 26
52+is obtained by an elder and vulnerable adult abuse fatality 27
53+review team while executing its duties under s. 415.1103 shall 28
54+retain its confidential or exempt status when held by the elder 29
55+and vulnerable adult abuse fatality review team. 30
56+ (b) Any information contained in a record created by an 31
57+elder and vulnerable adult abuse fatality review team pursuant 32
58+to s. 415.1103 that reveals the identity of a victim of elder or 33
59+vulnerable adult abuse, exploitation, or neglect or the identity 34
60+of persons responsible for the welfare of the victim is 35
61+confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 36
62+of the State Constitution. 37
63+ (c) Any information that is maintained as confidential or 38
64+exempt within this chapter shall retain its confidential or 39
65+exempt status when held by an elder and vulnerable adult abuse 40
66+fatality review team. 41
67+ (2) Portions of meetings of an elder and vulnerable adult 42
68+abuse fatality review team regarding elder or vulnerable adult 43
69+abuse, exploitation, or neglect or abuse -related deaths, and the 44
70+prevention of such abuse, exploitation, neglect, or deaths, 45
71+during which confidential or exempt information, information 46
72+protected within this chapter, the identity of the victim, or 47
73+the identity of persons responsible for the welfare of the 48
74+victim is discussed, are exempt from s. 286.011 and s. 24(b), 49
75+Art. I of the State Constitution. 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-repealed on October 2, 2028, unless reviewed and saved from 51
89-repeal through reenactment by the Legislature. 52
90- Section 2. (1) The Legislature finds that it is a public 53
91-necessity that informa tion that is exempt or confidential and 54
92-exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 55
93-Article I of the State Constitution remains exempt or 56
94-confidential and exempt when held by an elder and vulnerable 57
95-adult abuse fatality review team. Additiona lly, the Legislature 58
96-finds that it is a public necessity that information that 59
97-reveals the identity of a victim of abuse, exploitation, or 60
98-neglect or the identity of persons responsible for the welfare 61
99-of such victim be confidential and exempt from public records 62
100-requirements because the disclosure of such sensitive personal 63
101-identifying information could impede the open communication and 64
102-coordination among the parties involved in the review team. The 65
103-harm that would result from the release of such informati on 66
104-substantially outweighs any public benefit that would be 67
105-achieved by disclosure. 68
106- (2) The Legislature further finds that it is a public 69
107-necessity that portions of meetings of a review team during 70
108-which exempt or confidential and exempt information, inf ormation 71
109-protected within this chapter, the identity of the victim, or 72
110-the identity of persons responsible for the welfare of the 73
111-victim is discussed, are exempt from s. 286.011, Florida 74
112-Statutes, and s. 24(b), Article I of the State Constitution. 75
88+ (3) This section is subject to the Open Government Sunset 51
89+Review Act in accordance with s. 119.15 and shall stand repealed 52
90+on October 2, 2028, unless reviewed and saved fr om repeal 53
91+through reenactment by the Legislature. 54
92+ Section 2. (1) The Legislature finds that it is a public 55
93+necessity that information that is exempt or confidential and 56
94+exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 57
95+Article I of the State C onstitution remain exempt or 58
96+confidential and exempt when held by an elder and vulnerable 59
97+adult abuse fatality review team. Additionally, the Legislature 60
98+finds that it is a public necessity that information that 61
99+reveals the identity of a victim of elder or vulnerable adult 62
100+abuse, exploitation, or neglect or the identity of persons 63
101+responsible for the welfare of such victim be confidential and 64
102+exempt from public records requirements because the disclosure 65
103+of such sensitive personal information could hamper t he open 66
104+communication and coordination among the parties involved in the 67
105+elder and vulnerable adult abuse fatality review team. The harm 68
106+that would result from the release of such information 69
107+substantially outweighs any public benefit that would be 70
108+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 and vulnerable 73
111+adult abuse fatality review team during which confidential or 74
112+exempt information, information protected within this chap ter, 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-Failure to close the portions of the meetings in which such 76
126-sensitive personal identifying information is discussed would 77
127-defeat the purpose of the public records exemption. Further, the 78
128-Legislature finds that the exemption is narrowly tailored to 79
129-apply only to those portions of the meetings in which such 80
130-sensitive personal identifying information is discussed and the 81
131-remainder of such meetings remain open to allow for public 82
132-oversight. 83
133- Section 3. This act shall take effect on the same date 84
134-that HB 1567 or simi lar legislation takes effect , if such 85
135-legislation is adopted in the same legislative session or an 86
136-extension thereof and becomes a law. 87
125+the identity of the victim, or the identity of persons 76
126+responsible for the welfare of the victim is discussed, are 77
127+exempt from s. 286.011 and s. 24(b), Art. I of the State 78
128+Constitution. The failure to close the portions of the meetings 79
129+in which such sensitive personal information is discussed would 80
130+defeat the purpose of the public records exemption. Further, the 81
131+Legislature finds that the exemption is narrowly tailored to 82
132+apply to only those portions of the meetings in which such 83
133+sensitive personal inf ormation is discussed and the remainder of 84
134+such meetings remain open to allow for public oversight. 85
135+ Section 3. This act shall take effect on the same date 86
136+that HB 1567 or similar legislation takes effect , if such 87
137+legislation is adopted in the same le gislative session or an 88
138+extension thereof and becomes a law. 89