Florida 2020 Regular Session Status: In Committee

SB 1728 — Public Meetings and Records/Conditional Medical Release Program

Last action — Died in Rules

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Public Meetings and Records/Conditional Medical Release Program; Exempting from public meetings requirements that portion of a panel review at which the exempt or confidential information of specified inmates being considered for the conditional medical release program is discussed; exempting from public records requirements certain records used by the reviewing panel to make a determination of the appropriateness of conditional medical release and the recordings and transcripts of closed panel review hearings; providing for legislative review and repeal of the exemption; providing a statement of public necessity, etc.

Bill Text

What changed in the latest version

90 added · 93 removed

90 line(s) added, 93 removed.

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Florida Senate - 2020 CS for CS for SB 1728 By the Committees on Governmental Oversight and Accountability;
Florida Senate - 2020 CS for SB 1728 By the Committee on Criminal Justice;
and Criminal Justice;
and Senator Brandes 591-02748-20 20201728c1 A bill to be entitled An act relating to public meetings and records;
and Senator Brandes 585-03388-20 20201728c2 A bill to be entitled An act relating to public meetings and records;
945.0912, F.S.;
945.0911, F.S.;
exempting from public meetings requirements that portion of a panel review at which the exempt or confidential information of specified inmates being considered for the conditional medical release program is discussed;
exempting from public meetings requirements the protected health information of specified inmates being considered for the conditional medical release program;
exempting from public records requirements certain records used by the reviewing panel to make a determination of the appropriateness of conditional medical release and the recordings and transcripts of closed panel review hearings;
exempting from public records requirements certain records used by the reviewing panel to make a determination of the appropriateness of conditional medical release and the recordings of closed panel review hearings;
providing for legislative review and repeal of the exemption;
providing for legislative review and repeal of the exemptions;
providing an effective date.
providing a contingent effective date.
16 Be It Enacted by the Legislature of the State of Florida:
15 Be It Enacted by the Legislature of the State of Florida:
18 Section 1. Present subsection (9) of section 945.0911, Florida Statutes, as created by SB 556 or other similar legislation, 2020 Regular Session, is redesignated as subsection (10), and a new subsection (9) is added to that section, to read:
17 Section 1. Present subsection (9) of section 945.0911, Florida Statutes, as created by SB 556 or other similar legislation, 2020 Regular Session, is redesignated as subsection (10), and a new subsection (9) is added to that section, to read:
945.0911 Conditional medical release.— (9) PUBLIC MEETINGS AND RECORDS EXEMPTIONS.— (a) That portion of a panel review hearing conducted in accordance with this section during which the panel will discuss information that is exempt from public inspection and copying requirements under state law or confidential under federal law, such as protected health information covered by the Health Insurance Portability and Accountability Act, is exempt from s.
945.0911 Conditional medical release.— (9) PUBLIC MEETINGS AND RECORDS EXEMPTIONS.— (a) That portion of a panel review hearing conducted in accordance with this section during which the panel will discuss protected information that is confidential and exempt under state or federal law, such as protected health information covered by the Health Insurance Portability and Accountability Act, is exempt from s.
If the panel must discuss exempt or confidential information during the course of its meeting, the following requirements must be met:
If the panel must discuss exempt information during the course of its meeting, the following requirements must be met:
1. The panel must announce at the public meeting that, in connection with the performance of the panel’s duties, exempt or confidential information must be discussed;
1. The panel must announce at the public meeting that, in connection with the performance of the panel’s duties, protected information must be discussed;
(b)1. That portion of the records the panel uses to determine the appropriateness of conditional medical release which includes any exempt or confidential information is confidential and exempt from disclosure under s.
The department shall maintain the recording.
(b)1. That portion of the records the panel uses to determine the appropriateness of conditional medical release which includes any of the inmate’s protected information is confidential and exempt from disclosure under s.
2. Any audio or video recording or transcript of, and any minutes and notes generated during, a closed hearing of the panel or closed portion of a hearing of the panel are confidential and exempt from disclosure under s.
2. Any audio or video recording of, and any minutes and notes generated during, a closed hearing of the panel or closed portion of a hearing of the panel are confidential and exempt from disclosure under s.
Such audio or video recording, transcript, minutes and notes must be retained pursuant to the requirements of s.
Such audio or video recording and minutes and notes must be retained pursuant to the requirements of s.
(c) Only members of the panel, staff supporting the panel’s functions, the inmate for whom the panel has convened, and licensed medical personnel called by the panel to provide testimony regarding exempt or confidential information shall be allowed to attend the closed portions of panel hearings.
(c) Only members of the panel, staff supporting the panel’s functions, and other persons whose presence has been authorized by the panel shall be allowed to attend the closed portions of panel hearings.
Section 2. The Legislature finds that it is a public necessity that the hearings or portions of hearings during which exempt or confidential information is discussed by the review panel considering an inmate’s conditional medical release be made exempt from s.
Section 2. The Legislature finds that it is a public necessity that the hearings or portions of hearings during which an inmate’s personal information is discussed by the review panel considering the inmate’s conditional medical release be made exempt from s.
The Legislature finds that the rights of an inmate afforded under other state or federal laws that deem certain personal information confidential, such as protected health information covered by the Health Insurance Portability and Accountability Act, be upheld and that the inmate’s exempt or confidential information not be disclosed to the public during such hearings.
The Legislature finds that the rights of an inmate afforded under other state or federal laws that deem certain personal information confidential, such as protected health information covered by the Health Insurance Portability and Accountability Act, be upheld and that the inmate’s personal information not be disclosed to the public during such hearings.
The Legislature also finds that the recordings and transcripts of a panel review hearing and the records used by the panel to make its determination be made confidential and exempt from disclosure under s.
The Legislature also finds that the recordings of a panel review hearing and the records used by the panel to make its determination be made confidential and exempt from disclosure under s.
The inmate’s exempt or confidential information, if publicly available, could be used to invade his or her personal privacy.
The inmate’s personal health information, if publicly available, could be used to invade his or her personal privacy.
The Legislature therefore finds that it is a public necessity that such information be made confidential and exempt.
The Legislature therefore finds that it is a public necessity that such protected information remain confidential and exempt.
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How this bill changes current law

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The bill establishes exemptions from public meetings and records requirements for certain discussions and records related to inmate conditional medical release hearings.

  • Section 945.0911

    (b)1. That portion of the records the panel uses to determine the appropriateness of conditional medical release which includes any exempt or confidential information is confidential and exempt from disclosure under s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

    This establishes that records used by the review panel that contain exempt or confidential information are not subject to public disclosure.

  • Section 945.0911

    (b)2. Any audio or video recording or transcript of, and any minutes and notes generated during, a closed hearing of the panel or closed portion of a hearing of the panel are confidential and exempt from disclosure under s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such audio or video recording, transcript, minutes and notes must be retained pursuant to the requirements of s. 119.021.

    This ensures that recordings and materials produced during closed hearings are kept confidential.

  • Section 945.0911

    (d) This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2025, unless reviewed and saved from repeal through reenactment by the Legislature.

    This includes a sunset provision, requiring legislative review of the exemptions every few years.

Action History

  1. Died in Rules

  2. Indefinitely postponed and withdrawn from consideration

  3. CS/CS by Governmental Oversight and Accountability read 1st time

  4. Now in Rules

  5. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  6. CS/CS by Governmental Oversight and Accountability; YEAS 5 NAYS 0

  7. On Committee agenda-- Governmental Oversight and Accountability, 02/10/20, 1:30 pm, 301 Senate Building

  8. Now in Governmental Oversight and Accountability

  9. CS by Criminal Justice read 1st time

  10. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  11. CS by Criminal Justice; YEAS 4 NAYS 0

  12. On Committee agenda-- Criminal Justice, 01/28/20, 1:30 pm, 37 Senate Building

  13. Introduced

  14. Referred to Criminal Justice; Governmental Oversight and Accountability; Rules

  15. Filed

Sponsors

  • Brandes · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Brandes

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable with Committee Substitute

Passed 4 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 3001
No Party Affiliation 1000
Total 4001
% of votes cast 80%0%0%20%
How each member voted (5)
Member Party Vote
Bracy — Yea
Flores — Yea
Brandes — Yea
Perry — Not Voting
Pizzo, Jason W. B. No Party Affiliation Yea

Official roll call →

Subjects

public-safety healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1728 do?
Public Meetings and Records/Conditional Medical Release Program; Exempting from public meetings requirements that portion of a panel review at which the exempt or confidential information of specified inmates being considered for the conditional medical release program is discussed; exempting from public records requirements certain records used by the reviewing panel to make a determination of the appropriateness of conditional medical release and the recordings and transcripts of closed panel review hearings; providing for legislative review and repeal of the exemption; providing a statement of public necessity, etc.
Who sponsors SB 1728?
SB 1728 is sponsored by Brandes.
What is the current status of SB 1728?
This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1728?
Track SB 1728 free on One Click Politics — get push/email alerts when it moves.

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