Florida Senate - 2022 SB By Senator Gibson 6-01078-22 20221594__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to public records and public meetings; 2 amending s. 415.1103, F.S.; specifying that information obtained by an elder abuse fatality review team which is exempt or confidential and exempt from public records requirements retains its protected status; providing an exemption from public records requirements for personal identifying information of an elder abuse victim in records created by a review team; providing an exemption from public meetings requirements for portions of review team meetings at which exempt or confidential and exempt information or the identity of an elder abuse victim is discussed; 13 providing for future legislative review and rep eal; 14 providing statements of public necessity; providing an effective date. 16

Be It Enacted by the Legislature of the State of Florida: 18

Section 1. Subsection (7) is added to

section 415.1103, 20 Florida Statutes, to read: 21 415.1103 Elder abuse fatality review teams.— 22 (7)(

a) Any information that is exempt or confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution and is obtained by an elder abuse fatality review team conducting a review under this

section retains its exe mpt or confidential and exempt status when held by that review team. 27

(

b) Any information contained in a record created by an elder abuse fatality review team which reveals the identity of a Florida Senate - 2022 SB 1594 6-01078-22 20221594__ CODING: Words stricken are deletions; words underlined are additions. victim of elder abuse is confidential and exempt from s. 30 119.07(1) and s. 24(a), Art. I of the State Constitution. 31

(

c) Those portions of meetings of an elder abuse fatality review team at which exempt or confidential and exempt information or the identity of a victim of elder abuse is discussed are exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution. 36

(

d) This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2027, unless reviewed and saved from repeal through reenactment by the Legislature. 40

Section 2.

(1) The Legislature finds that it is a public necessity that information that is exempt or confidential and exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 43

Article I of the State Constitution remain exempt 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. Otherwise, sensitive personal information concerning victims of elder abuse would be disclosed, and open communication and coordination among the parties involved in elder abuse fatality review teams would be hampered.

The harm that would result from the release of such information substantially outweighs any public benefit that would be achieved by disclosure. 55

(2) The Legislature further finds that it is a public necessity that portions of meetings of an elder abuse fatality review team at which exempt or confidential and exempt Florida Senate - 2022 SB 1594 6-01078-22 20221594__ CODING: Words stricken are deletions; words underlined are additions. information or the identity of a victim of elder abuse is discussed be exempt from s. 286.011, Florida Statutes, and s. 60 24(b),

Article I of the State Constitution. The failure to close portions of meetings at which exempt or confidential and exempt information or the identity of a victim of elder abuse is discussed would defeat the purpose of the public records exemption. Further, the Legislature finds that the exemption is narrowly tailored to apply to only certain portions of meetings of elder abuse fatality review teams, to allow for public oversight. 68

Section 3. This act shall take effect July 1, 2022. 69