Florida Senate - 2022 SB 782 By Senator Perry 8-00568-22 2022782__ Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to public meetings and records; 2 amending s. 945.0911, F.S.; exempting from public 3 meetings requirements that portion of a panel review 4 hearing at which the exempt or confidential 5 information of specified inmates being considered for 6 the conditional medical release program is discussed; 7 specifying requirements for the review panel when 8 exempt or confidential information must be discussed 9 during its meeting; exempting from public records 10 requirements certain records used by the review panel 11 to make a determination of the appropriateness of 12 conditional medical release and the recordings and 13 transcripts of closed panel review hearings; providing 14 for legislative review and repeal of the exemptions; 15 providing a statement of public necessity; providing a 16 contingent effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20

Section 1. Present subsections (9), (10), and (11) of 21

section 945.0911, Florida Statutes, as created by SB ___ or 22 similar legislation, are redesignated as subsections (10), (11), 23 and (12), respectively, and a new subsection (9) is added to 24 that section, to read: 25 945.0911 Conditional medical release.— 26

(9) PUBLIC MEETINGS AND RECORDS EXEMPTIONS.— 27 (

a) That portion of a panel review hearing conducted in 28 accordance with this

section during which the panel discusses 29 Florida Senate - 2022 SB 782 8-00568-22 2022782__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. information that is exempt from public inspection and copying 30 requirements under state law or confidential under federal law, 31 such as protected health information covered by the Health 32 Insurance Portability and Accountability Act, is exempt from s. 33 286.011 and s. 24(b), Art. I of the State Constitution.

If the 34 panel must discuss exempt or confidential information during the 35 course of its meeting, all of the following requirements must be 36 met: 37 1. The panel must announce at the public meeting that, in 38 connection with the performance of the panel’s duties, exempt or 39 confidential information must be discussed. 40 2. The panel must declare the specific reasons that it is 41 necessary to close the meeting, or a portion thereof, in a 42 document that is a public record and filed with the official 43 records of the program. 44 3. The entire closed hearing must be recorded.

The 45 recording must include the times of commencement and termination 46 of the closed hearing or portion thereof, all discussion and 47 proceedings, and the names of the persons present. 48 (b)1. That portion of the records the panel uses to 49 determine the appropriateness of conditional medical release 50 which includes any exempt or confidential information is 51 confidential and exempt from disclosure under s. 119.07(1) and 52 s. 24(a), Art. I of the State Constitution. 53 2.

Any audio or video recording or transcript of, and any 54 minutes and notes generated during, a closed hearing of the 55 panel or closed portion of a hearing of the panel are 56 confidential and exempt from disclosure under s. 119.07(1) and 57 s. 24(a), Art. I of the State Constitution. Such audio or video 58 Florida Senate - 2022 SB 782 8-00568-22 2022782__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. recording, transcript, minutes, and notes must be retained 59 pursuant to the requirements of s. 119.021. 60 (

c) Only members of the panel, the staff supporting the 61 panel’s functions, the inmate for whom the panel has convened, 62 and the licensed medical personnel called by the panel to 63 provide testimony regarding exempt or confidential information 64 shall be allowed to attend the closed portions of panel 65 hearings. The panel shall ensure that any closure of its 66 meetings as authorized by this

section is limited so that the 67 policy of the state in favor of public meetings is maintained. 68 (

d) This subsection is subject to the Open Government 69 Sunset Review Act in accordance with s. 119.15 and shall stand 70 repealed on October 2, 2027, unless reviewed and saved from 71 repeal through reenactment by the Legislature. 72

Section 2. The Legislature finds that it is a public 73 necessity that the hearings or portions of hearings during which 74 exempt or confidential information is discussed by the review 75 panel considering an inmate’s conditional medical release be 76 made exempt from s. 286.011, Florida Statutes, and s. 24(b), 77

Article I of the State Constitution. The Legislature finds that 78 the rights of an inmate afforded under other state or federal 79 laws that deem certain personal information confidential, such 80 as protected health information covered by the Health Insurance 81 Portability and Accountability Act, should be upheld and that 82 the inmate’s exempt or confidential information should not be 83 disclosed to the public during such hearings.

The Legislature 84 also finds that it is a public necessity that the recordings and 85 transcripts of a panel review hearing and the records used by 86 the panel to make its determination be made confidential and 87 Florida Senate - 2022 SB 782 8-00568-22 2022782__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions. exempt from disclosure under s. 119.07(1), Florida Statutes, and 88 s. 24(a),

Article I of the State Constitution. The inmate’s 89 exempt or confidential information, if publicly available, could 90 be used to invade his or her personal privacy. Making these 91 reports and discussions of such information confidential and 92 exempt from disclosure will protect information of a sensitive, 93 personal nature, the release of which could cause unwarranted 94 damage to the privacy rights of the inmate. The Legislature 95 therefore finds that it is a public necessity that such 96 information be made confidential and exempt. 97

Section 3. This act shall take effect on the same date that 98 SB ____ or similar legislation takes effect, if such legislation 99 is adopted in the same legislative session or an extension 100 thereof and becomes a law. 101