November 26, 2020
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       Florida Senate - 2010         (PROPOSED COMMITTEE BILL) SPB 7040
       
       
       
       FOR CONSIDERATION By the Committee on Banking and Insurance
       
       
       
       
       597-01207-10                                          20107040__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 497.172, F.S., relating
    4         to certain meetings of and records held by the Board
    5         of Funeral, Cemetery, and Consumer Services within the
    6         Department of Financial Services; revising exemptions
    7         from public-meetings requirements for meetings of the
    8         board at which licensure examination questions or
    9         answers are discussed and for meetings of the board’s
   10         probable cause panel; providing recordkeeping
   11         requirements for such meetings; providing an exemption
   12         from public-records requirements for photographs of
   13         dead human bodies, or parts thereof, which are held by
   14         the department in the course of an investigation or
   15         inspection; providing certain exceptions; providing
   16         that the exemption applies to photographs obtained by
   17         the department before the effective date of the act;
   18         providing for future legislative review and repeal of
   19         the exemption under the Open Government Sunset Review
   20         Act; providing a finding of public necessity;
   21         providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 497.172, Florida Statutes, is amended to
   26  read:
   27         497.172 Public records exemptions; public meetings
   28  exemptions.—
   29         (1) EXAMINATION DEVELOPMENT MEETINGS.—Those portions of
   30  meetings of the board at which licensure examination questions
   31  or answers under this chapter are discussed are exempt from s.
   32  286.011 and s. 24(b), Art. I of the State Constitution. All
   33  exempt portions of meetings shall be recorded and transcribed.
   34  The board shall record the times of commencement and termination
   35  of the meeting, all discussion and proceedings, the names of all
   36  persons present at any time, and the names of all persons
   37  speaking. An exempt portion of any meeting may not be off the
   38  record.
   39         (2) PROBABLE CAUSE PANEL.—
   40         (a) Meetings of the probable cause panel of the board,
   41  pursuant to s. 497.153, are exempt from s. 286.011 and s. 24(b),
   42  Art. I of the State Constitution. All exempt portions of
   43  meetings shall be recorded and transcribed.
   44         (b) Records of exempt meetings of the probable cause panel
   45  of the board are exempt from s. 119.07(1) and s. 24(a), Art. I
   46  of the State Constitution, until 10 days after a determination
   47  regarding probable cause is made pursuant to s. 497.153.
   48         (3) EXAMINATIONS, INSPECTIONS, AND INVESTIGATIONS.—
   49         (a) Except as otherwise provided in this subsection,
   50  information held by the department pursuant to a financial
   51  examination conducted under this chapter is confidential and
   52  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   53  Constitution, until the examination is completed or ceases to be
   54  active.
   55         (b) Except as otherwise provided in this subsection,
   56  information held by the department pursuant to an inspection
   57  conducted under this chapter is confidential and exempt from s.
   58  119.07(1) and s. 24(a), Art. I of the State Constitution, until
   59  the inspection is completed or ceases to be active.
   60         (c) Except as otherwise provided in this subsection,
   61  information held by the department pursuant to an investigation
   62  of a violation of this chapter is confidential and exempt from
   63  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
   64  until the investigation is completed or ceases to be active or
   65  until 10 days after a determination regarding probable cause is
   66  made pursuant to s. 497.153.
   67         (d) Information made confidential and exempt pursuant to
   68  this subsection may be disclosed by the department as follows:
   69         1. To the probable cause panel of the board, for the
   70  purpose of probable cause proceedings pursuant to s. 497.153.
   71         2. To any law enforcement agency or other government agency
   72  in the performance of its official duties and responsibilities.
   73         3. If the department uncovers information of immediate and
   74  serious concern to the public health, safety, or welfare, it may
   75  disseminate such information as it deems necessary for the
   76  public health, safety, or welfare.
   77         (e) Information made confidential and exempt pursuant to
   78  this subsection shall remain confidential and exempt from s.
   79  119.07(1) and s. 24(a), Art. I of the State Constitution after
   80  the examination, inspection, or investigation is completed or
   81  ceases to be active if:
   82         1. The department submits the information to any law
   83  enforcement agency or other administrative agency for further
   84  examination or investigation. The information shall remain
   85  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   86  of the State Constitution until that agency’s examination or
   87  investigation is completed or ceases to be active.
   88         2. Disclosure of the information would:
   89         a. Jeopardize the integrity of another active investigation
   90  or examination;
   91         b. Reveal the identity of a confidential source; or
   92         c. Reveal investigative or examination techniques or
   93  procedures.
   94         (f) For purposes of this subsection, an examination,
   95  inspection, or investigation shall be considered active so long
   96  as the examination, inspection, or investigation is proceeding
   97  with reasonable dispatch and the department has a reasonable
   98  good faith belief that the examination, inspection, or
   99  investigation may lead to the filing of an administrative,
  100  civil, or criminal proceeding or to the denial or conditional
  101  grant of an application for license or other approval required
  102  under this chapter.
  103         (4) TRADE SECRETS; PHOTOGRAPHS OF DECEASED PERSONS.—
  104         (a) Trade secrets, as defined in s. 688.002, held by the
  105  department or board, are confidential and exempt from s.
  106  119.07(1) and s. 24(a), Art. I of the State Constitution.
  107         (b) Photographs of dead human bodies, or parts thereof,
  108  which are taken, obtained by, or in the possession of the
  109  department before, on, or after October 2, 2010, and which are
  110  held as part of an investigation or inspection under this
  111  chapter are confidential and exempt from s. 119.07(1) and s.
  112  24(a), Art. I of the State Constitution, unless, in relation to
  113  the decedent, a surviving spouse consents in writing to the
  114  public release of such photographs. If there is no surviving
  115  spouse, release of the photographs shall be determined by the
  116  legally authorized person pursuant to s. 497.005(37).
  117  Notwithstanding the confidentiality required by this paragraph,
  118  such photographs may be displayed to the board and its probable
  119  cause panel in the course of proceedings under this chapter, and
  120  may be displayed and used as evidence in administrative, civil,
  121  or criminal proceedings, subject to any applicable rules of
  122  evidence. The court or administrative law judge in such
  123  proceedings may issue such orders as deemed necessary or
  124  advisable, requiring the parties to the litigation to maintain
  125  the confidentiality of such photographs, in order to protect the
  126  survivors of the deceased person depicted in the photographs
  127  from unnecessary emotional trauma that may result from the
  128  publication of such photographs.
  129         (5) REVIEW AND REPEAL.—This section is subject to the Open
  130  Government Sunset Review Act in accordance with s. 119.15, and
  131  shall stand repealed on October 2, 2015 2010, unless reviewed
  132  and saved from repeal through reenactment by the Legislature.
  133         Section 2. The Legislature finds that it is a public
  134  necessity that photographs of dead human bodies in the
  135  possession of the Board of Funeral, Cemetery, and Consumer
  136  Services within the Department of Financial Services be made
  137  confidential and exempt from the requirements of s. 119.07(1),
  138  Florida Statutes, and s. 24(a), Article I of the State
  139  Constitution. The Legislature finds that such photographs show
  140  dead human bodies in graphic and often disturbing fashion. Such
  141  photographs may depict or describe the deceased nude, bruised,
  142  bloodied, broken, with bullet or other wounds, cut open,
  143  dismembered, or decapitated. As such, photographs of dead human
  144  bodies are highly sensitive and, if viewed or publicized, could
  145  result in trauma, sorrow, humiliation, or emotional injury to
  146  the immediate family of the deceased, as well as injury to the
  147  memory of the deceased. The Legislature finds that the existence
  148  of the Internet and the proliferation of personal computers
  149  throughout the world encourages and promotes the wide
  150  dissemination of photographs instantly at all hours of the day
  151  and that widespread unauthorized dissemination of photographs
  152  would subject the immediate family of the deceased to continuous
  153  injury. The Legislature further finds that the exemption
  154  provided in this act should be given retroactive application
  155  because it is remedial in nature.
  156         Section 3. This act shall take effect October 1, 2010.

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