SB 424 — Public Records and Public Meetings/Elder Abuse Fatality Review Team

Florida Senate - 2018 CS for SB 424 By Senatorthe GibsonCommittee 6-00538-18on 2018424__Governmental AOversight bill to be entitled An act relating to public records and publicAccountability; meetings;

and Senator Gibson 585-01960-18 2018424c1 A bill to be entitled An act relating to public records and public meetings;

specifying that information obtained by an elder abuse fatality review team which is confidentialexempt or confidential and exempt from public records requirements retains its protected status;

providing an exemption from public meetings requirements for portions of review team meetings at which confidentialexempt or confidential and exempt information or the identity of an elder abuse victim is discussed;

20 Section 1. Subsections (9), (10), (11), and (12)(11) are added to section 415.1103, Florida Statutes, as created by SB ___,422, to read:

415.1103 Elder abuse fatality review teams.— (10)(a) Any(9)(a) Any information that is confidentialexempt or confidential and exempt from s.

I of the State Constitution and that is obtained by an elder abuse fatality review team conducting a review under this section retains its confidentialexempt or confidential and exempt status when held by an elder abuse fatality review team.

(11) Portions(10) Portions of meetings of an elder abuse fatality review team at which confidentialexempt or confidential and exempt information or the identity of a victim of elder abuse is discussed are exempt from s.

(12) Subsections(11) Subsections (10)(9) and (11)(10) are subject to the Open Government Sunset Review Act in accordance with s.

Section 2. (1) The Legislature finds that it is a public necessity that information that is confidentialexempt or confidential and exempt from s.

24(a), Article I of the State Constitution remain confidentialexempt or confidential and exempt when held by an elder abuse fatality review team and that any information contained in a record created by an elder abuse fatality review team which reveals the identity of a victim of elder abuse be confidential and exempt from public records requirements.

(2) The Legislature further finds that it is a public necessity that portions of meetings of an elder abuse fatality review team at which confidentialexempt or confidential and exempt information or the identity of a victim of elder abuse is discussed be exempt from s.

The failure to close portions of meetings at which confidentialexempt or confidential and exempt information or the identity of a victim of elder abuse are discussed would defeat the purpose of the public records exemption.

Section 3. This act shall take effect on the same date that SB ___422 or similar legislation takes effect, if such legislation is adopted in the same legislative session or an extension thereof and becomes a law.