May 26, 2019
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       Florida Senate - 2010                              CS for SB 920
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       and Health Regulation
       
       
       
       585-04249-10                                           2010920c1
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 383.412, F.S., which
    4         provides an exemption from public-records requirements
    5         for information held or obtained by the State Child
    6         Abuse Death Review Committee or any local committee
    7         and an exemption from public-meetings requirements for
    8         specified meetings of the committee or a local
    9         committee; defining the term “local committee”;
   10         reorganizing provisions; requiring any portion of a
   11         closed meeting to be recorded; providing a public
   12         records exemption for the recording of the closed
   13         meeting; providing a penalty; providing for future
   14         legislative review and repeal of the exemption;
   15         providing a statement of public necessity; providing
   16         an effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 383.412, Florida Statutes, is amended to
   21  read:
   22         383.412 Public records and public meetings exemptions.—
   23         (1) For purposes of this section, the term “local
   24  committee” means a local child abuse death review committee or a
   25  panel or committee assembled by the State Child Abuse Death
   26  Review Committee or a local child abuse death review committee
   27  pursuant to s. 383.402.
   28         (2)(1)(a) Any information that reveals the identity of the
   29  surviving siblings, family members, or others living in the home
   30  of a deceased child who is the subject of review by, and which
   31  information is held by, the State Child Abuse Death Review
   32  Committee or local committee, or a panel or committee assembled
   33  by the state committee or a local committee pursuant to s.
   34  383.402, is confidential and exempt from s. 119.07(1) and s.
   35  24(a), Art. I of the State Constitution.
   36         (b) Information made confidential or exempt from s.
   37  119.07(1) and s. 24(a), Art. I of the State Constitution that is
   38  obtained by the State Child Abuse Death Review Committee or a
   39  local committee, or a panel or committee assembled by the state
   40  committee or a local committee pursuant to s. 383.402, shall
   41  retain its confidential or exempt status.
   42         (3)(a)(2) Portions of meetings of the State Child Abuse
   43  Death Review Committee or local committee, or a panel or
   44  committee assembled by the state committee or a local committee
   45  pursuant to s. 383.402, at which information made confidential
   46  and exempt pursuant to subsection (2) (1) is discussed are
   47  exempt from s. 286.011 and s. 24(b), Art. I of the State
   48  Constitution. The closed portion of a meeting must be recorded,
   49  and no portion of the closed meeting may be off the record. The
   50  recording shall be maintained by the State Child Abuse Death
   51  Review Committee or a local committee.
   52         (b) The recording of a closed portion of a meeting is
   53  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   54  Constitution.
   55         (4)(3) The State Child Abuse Death Review Committee and
   56  local committees may share with each other any relevant
   57  information regarding case reviews involving child death, which
   58  information is made confidential and exempt by this section.
   59         (5)(4) Any person who knowingly or willfully makes public
   60  or discloses to any unauthorized person any information made
   61  confidential and exempt under this section commits a misdemeanor
   62  of the first degree, punishable as provided in s. 775.082 or s.
   63  775.083.
   64         (6)(5) This section is subject to the Open Government
   65  Sunset Review Act in accordance with s. 119.15, and shall stand
   66  repealed on October 2, 2015 2010, unless reviewed and saved from
   67  repeal through reenactment by the Legislature.
   68         Section 2. The Legislature finds that it is a public
   69  necessity to make exempt from public-records requirements
   70  recordings of any portion of a closed meeting of the State Child
   71  Abuse Death Review Committee or a local committee. Release of
   72  such recordings would compromise those discussions of the
   73  committee members which took place during a closed meeting and
   74  negates the public-meeting exemption.
   75         Section 3. This act shall take effect October 1, 2010.

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