Bill Text: FL H7113 | 2010 | Regular Session | Introduced
Bill Title: OGSR/State Child Abuse Death Review Committee [SPSC]
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2010-05-07 - Approved by Governor; Chapter No. 2010-40 [H7113 Detail]
Download: Florida-2010-H7113-Introduced.html
| HB 7113 |
| 1 | |
| 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 for |
| 5 | information held or obtained by the State Child Abuse |
| 6 | Death Review Committee or any local committee and an |
| 7 | exemption from public meetings requirements for specified |
| 8 | meetings of the committee or a local committee; defining |
| 9 | the term "local committee"; reorganizing provisions; |
| 10 | requiring any portion of a closed meeting to be recorded; |
| 11 | providing a public records exemption for the recording of |
| 12 | the closed meeting; providing a penalty; providing for |
| 13 | future legislative review and repeal of the exemption; |
| 14 | providing a statement of public necessity; providing an |
| 15 | effective date. |
| 16 | |
| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 | |
| 19 | Section 1. Section 383.412, Florida Statutes, is amended |
| 20 | to read: |
| 21 | 383.412 Public records and public meetings exemptions.- |
| 22 | (1) For purposes of this section, the term "local |
| 23 | committee" means a local child abuse death review committee or a |
| 24 | panel or committee assembled by the State Child Abuse Death |
| 25 | Review Committee or a local child abuse death review committee |
| 26 | pursuant to s. 383.402. |
| 27 | (2) |
| 28 | surviving siblings, family members, or others living in the home |
| 29 | of a deceased child who is the subject of review by |
| 30 | information is held by |
| 31 | Committee |
| 32 | |
| 33 | |
| 34 | 24(a), Art. I of the State Constitution. |
| 35 | (b) Information made confidential or exempt from s. |
| 36 | 119.07(1) and s. 24(a), Art. I of the State Constitution that is |
| 37 | obtained by the State Child Abuse Death Review Committee or a |
| 38 | local committee |
| 39 | |
| 40 | retain its confidential or exempt status. |
| 41 | (3)(a) |
| 42 | Death Review Committee |
| 43 | |
| 44 | |
| 45 | and exempt pursuant to subsection (2) |
| 46 | exempt from s. 286.011 and s. 24(b), Art. I of the State |
| 47 | Constitution. The closed portion of a meeting must be recorded |
| 48 | and no portion of the closed meeting may be off the record. The |
| 49 | recording shall be maintained by the State Child Abuse Death |
| 50 | Review Committee or a local committee. |
| 51 | (b) The recording of a closed portion of a meeting is |
| 52 | exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
| 53 | Constitution. |
| 54 | (4) |
| 55 | local committees may share with each other any relevant |
| 56 | information regarding case reviews involving child death, which |
| 57 | information is made confidential and exempt by this section. |
| 58 | (5) |
| 59 | or discloses to any unauthorized person any information made |
| 60 | confidential and exempt under this section commits a misdemeanor |
| 61 | of the first degree, punishable as provided in s. 775.082 or s. |
| 62 | 775.083. |
| 63 | (6) |
| 64 | Sunset Review Act in accordance with s. 119.15, and shall stand |
| 65 | repealed on October 2, 2015 |
| 66 | repeal through reenactment by the Legislature. |
| 67 | Section 2. The Legislature finds that it is a public |
| 68 | necessity to make exempt from public records requirements |
| 69 | recordings of any portion of a closed meeting of the State Child |
| 70 | Abuse Death Review Committee or a local committee. Release of |
| 71 | such recordings would compromise those discussions of the |
| 72 | committee members which took place during a closed meeting and |
| 73 | negates the public meeting exemption. |
| 74 | Section 3. This act shall take effect October 1, 2010. |
| CODING: Words |
