Florida Senate - 2021 SB 248 By Senator Brandes 24-00289A-21 2021248__ 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 exempting from public records requirements certain 8 records used by the review panel to make a 9 determination of the appropriateness of conditional 10 medical release and the recordings and transcripts of 11 closed panel review hearings; providing for 12 legislative review and repeal of the exemptions; 13 providing a statement of public necessity; providing a 14 contingent effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18

Section 1. Present subsections (9) through (11) of

section 19 945.0911, Florida Statutes, as created by SB 232 or similar 20 legislation, 2021 Regular Session, are redesignated as 21 subsections (10) through (12), respectively, and a new 22 subsection (9) is added to that section, to read: 23 945.0911 Conditional medical release.— 24

(9) PUBLIC MEETINGS AND RECORDS EXEMPTIONS.— 25 (

a) That portion of a panel review hearing conducted in 26 accordance with this

section during which the panel will discuss 27 information that is exempt from public inspection and copying 28 requirements under state law or confidential under federal law, 29 Florida Senate - 2021 SB 248 24-00289A-21 2021248__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. such as protected health information covered by the Health 30 Insurance Portability and Accountability Act, is exempt from s. 31 286.011 and s. 24(b), Art. I of the State Constitution.

If the 32 panel must discuss exempt or confidential information during the 33 course of its meeting, the following requirements must be met: 34 1. The panel must announce at the public meeting that, in 35 connection with the performance of the panel’s duties, exempt or 36 confidential information must be discussed; 37 2. The panel must declare the specific reasons that it is 38 necessary to close the meeting, or a portion thereof, in a 39 document that is a public record and filed with the official 40 records of the program; and 41 3. The entire closed hearing must be recorded.

The 42 recording must include the times of commencement and termination 43 of the closed hearing or portion thereof, all discussion and 44 proceedings, and the names of the persons present. 45 (b)1. That portion of the records the panel uses to 46 determine the appropriateness of conditional medical release 47 which includes any exempt or confidential information is 48 confidential and exempt from disclosure under s. 119.07(1) and 49 s. 24(a), Art. I of the State Constitution. 50 2.

Any audio or video recording or transcript of, and any 51 minutes and notes generated during, a closed hearing of the 52 panel or closed portion of a hearing of the panel are 53 confidential and exempt from disclosure under s. 119.07(1) and 54 s. 24(a), Art. I of the State Constitution. Such audio or video 55 recording, transcript, minutes, and notes must be retained 56 pursuant to the requirements of s. 119.021. 57 (

c) Only members of the panel, staff supporting the panel’s 58 Florida Senate - 2021 SB 248 24-00289A-21 2021248__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. functions, the inmate for whom the panel has convened, and 59 licensed medical personnel called by the panel to provide 60 testimony regarding exempt or confidential information must be 61 allowed to attend the closed portions of panel hearings. The 62 panel shall ensure that any closure of its meetings as 63 authorized by this

section is limited so that the policy of the 64 state in favor of public meetings is maintained. 65 (

d) This subsection is subject to the Open Government 66 Sunset Review Act in accordance with s. 119.15 and shall stand 67 repealed on October 2, 2026, unless reviewed and saved from 68 repeal through reenactment by the Legislature. 69

Section 2. The Legislature finds that it is a public 70 necessity that the hearings or portions of hearings during which 71 exempt or confidential information is discussed by the review 72 panel considering an inmate’s conditional medical release be 73 made exempt from s. 286.011, Florida Statutes, and s. 24(b), 74

Article I of the State Constitution. The Legislature finds that 75 the rights of an inmate afforded under other state or federal 76 laws that deem certain personal information confidential, such 77 as protected health information covered by the Health Insurance 78 Portability and Accountability Act, should be upheld and that 79 the inmate’s exempt or confidential information should not be 80 disclosed to the public during such hearings.

The Legislature 81 also finds that it is a public necessity that the recordings and 82 transcripts of a panel review hearing and the records used by 83 the panel to make its determination be made confidential and 84 exempt from disclosure under s. 119.07(1), Florida Statutes, and 85 s. 24(a),

Article I of the State Constitution. The inmate’s 86 exempt or confidential information, if publicly available, could 87 Florida Senate - 2021 SB 248 24-00289A-21 2021248__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions. be used to invade his or her personal privacy. Making these 88 reports and discussions of such information confidential and 89 exempt from disclosure will protect information of a sensitive 90 personal nature, the release of which could cause unwarranted 91 damage to the privacy rights of the inmate. The Legislature 92 therefore finds that it is a public necessity that such 93 information be made confidential and exempt. 94

Section 3. This act shall take effect on the same date that 95 SB 232 or similar legislation takes effect, if such legislation 96 is adopted in the same legislative session or an extension 97 thereof and becomes a law. 98