October 21, 2019
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_h7113er
HB 7113

1
A bill to be entitled
2An act relating to a review under the Open Government
3Sunset Review Act; amending s. 383.412, F.S., which
4provides an exemption from public records requirements for
5information held or obtained by the State Child Abuse
6Death Review Committee or any local committee and an
7exemption from public meetings requirements for specified
8meetings of the committee or a local committee; defining
9the term "local committee"; reorganizing provisions;
10requiring any portion of a closed meeting to be recorded;
11providing a public records exemption for the recording of
12the closed meeting; providing a penalty; providing for
13future legislative review and repeal of the exemption;
14providing a statement of public necessity; providing an
15effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Section 383.412, Florida Statutes, is amended
20to read:
21     383.412  Public records and public meetings exemptions.-
22     (1)  For purposes of this section, the term "local
23committee" means a local child abuse death review committee or a
24panel or committee assembled by the State Child Abuse Death
25Review Committee or a local child abuse death review committee
26pursuant to s. 383.402.
27     (2)(1)(a)  Any information that reveals the identity of the
28surviving siblings, family members, or others living in the home
29of a deceased child who is the subject of review by, and which
30information is held by, the State Child Abuse Death Review
31Committee or local committee, or a panel or committee assembled
32by the state committee or a local committee pursuant to s.
33383.402, is confidential and exempt from s. 119.07(1) and s.
3424(a), Art. I of the State Constitution.
35     (b)  Information made confidential or exempt from s.
36119.07(1) and s. 24(a), Art. I of the State Constitution that is
37obtained by the State Child Abuse Death Review Committee or a
38local committee, or a panel or committee assembled by the state
39committee or a local committee pursuant to s. 383.402, shall
40retain its confidential or exempt status.
41     (3)(a)(2)  Portions of meetings of the State Child Abuse
42Death Review Committee or local committee, or a panel or
43committee assembled by the state committee or a local committee
44pursuant to s. 383.402, at which information made confidential
45and exempt pursuant to subsection (2) (1) is discussed are
46exempt from s. 286.011 and s. 24(b), Art. I of the State
47Constitution. The closed portion of a meeting must be recorded
48and no portion of the closed meeting may be off the record. The
49recording shall be maintained by the State Child Abuse Death
50Review Committee or a local committee.
51     (b)  The recording of a closed portion of a meeting is
52exempt from s. 119.07(1) and s. 24(a), Art. I of the State
53Constitution.
54     (4)(3)  The State Child Abuse Death Review Committee and
55local committees may share with each other any relevant
56information regarding case reviews involving child death, which
57information is made confidential and exempt by this section.
58     (5)(4)  Any person who knowingly or willfully makes public
59or discloses to any unauthorized person any information made
60confidential and exempt under this section commits a misdemeanor
61of the first degree, punishable as provided in s. 775.082 or s.
62775.083.
63     (6)(5)  This section is subject to the Open Government
64Sunset Review Act in accordance with s. 119.15, and shall stand
65repealed on October 2, 2015 2010, unless reviewed and saved from
66repeal through reenactment by the Legislature.
67     Section 2.  The Legislature finds that it is a public
68necessity to make exempt from public records requirements
69recordings of any portion of a closed meeting of the State Child
70Abuse Death Review Committee or a local committee. Release of
71such recordings would compromise those discussions of the
72committee members which took place during a closed meeting and
73negates the public meeting exemption.
74     Section 3.  This act shall take effect October 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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