CS/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
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 exempt or 5
confidential and exempt from public records 6
requirements retains its protected status; providing 7
an exemption from public records requirements for 8
personal identifying information of an abuse victim 9
and other specified information contained in records 10
held by a review team; providing an exemption from 11
public meetings requirements for portions of review 12
team meetings during which exempt or confidential and 13
exempt information is discussed; providing for future 14
legislative review and repeal of the exemption; 15
providing statements 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)1. Any information that is exempt or confidential 25
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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
and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 26
Constitution and is obtained by an elder and vulnerable adult 27
abuse fatality review team while executing its duties under s. 28
415.1103 shall retain its exempt or confidential and exempt 29
status when held by the review team. 30
2. Any information contained in a record c reated by a 31
review team pursuant to s. 415.1103 which reveals the identity 32
of a victim of abuse, exploitation, or neglect or the identity 33
of persons responsible for the welfare of a victim is 34
confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 35
of the State Constitution. 36
3. Any information that is maintained as exempt or 37
confidential and exempt within this chapter retains its exempt 38
or confidential and exempt status when held by a review team. 39
(b) Portions of meetings of a review team relating to 40
abuse, exploitation, or neglect or abuse -related deaths of 41
elderly persons or vulnerable adults, and the prevention of such 42
abuse, exploitation, neglect, or deaths, during which exempt or 43
confidential and exempt information, information protected 44
within this chapter, the identity of the victim, or the identity 45
of persons responsible for the welfare of the victim is 46
discussed, are exempt from s. 286.011 and s. 24(b), Art. I of 47
the State Constitution. 48
(c) This subsection is subject to the Open Governmen t 49
Sunset Review Act in accordance with s. 119.15 and shall stand 50
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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
repealed on October 2, 2028, unless reviewed and saved from 51
repeal through reenactment by the Legislature. 52
Section 2. (1) The Legislature finds that it is a public 53
necessity that informa tion that is exempt or confidential and 54
exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 55
Article I of the State Constitution remains exempt or 56
confidential and exempt when held by an elder and vulnerable 57
adult abuse fatality review team. Additiona lly, the Legislature 58
finds that it is a public necessity that information that 59
reveals the identity of a victim of abuse, exploitation, or 60
neglect or the identity of persons responsible for the welfare 61
of such victim be confidential and exempt from public records 62
requirements because the disclosure of such sensitive personal 63
identifying information could impede the open communication and 64
coordination among the parties involved in the review team. The 65
harm that would result from the release of such informati on 66
substantially outweighs any public benefit that would be 67
achieved by disclosure. 68
(2) The Legislature further finds that it is a public 69
necessity that portions of meetings of a review team during 70
which exempt or confidential and exempt information, inf ormation 71
protected within this chapter, the identity of the victim, or 72
the identity of persons responsible for the welfare of the 73
victim is discussed, are exempt from s. 286.011, Florida 74
Statutes, and s. 24(b), Article I of the State Constitution. 75
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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
Failure to close the portions of the meetings in which such 76
sensitive personal identifying information is discussed would 77
defeat the purpose of the public records exemption. Further, the 78
Legislature finds that the exemption is narrowly tailored to 79
apply only to those portions of the meetings in which such 80
sensitive personal identifying information is discussed and the 81
remainder of such meetings remain open to allow for public 82
oversight. 83
Section 3. This act shall take effect on the same date 84
that HB 1567 or simi lar legislation takes effect , if such 85
legislation is adopted in the same legislative session or an 86
extension thereof and becomes a law. 87