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Florida Senate
-
2026
SB 1754
By
Senator DiCeglie
18-01737B-26 20261754__
1 A bill to be entitled
2 An act relating to public records and meetings;
3 amending ss. 394.47893 and 394.47894, F.S.; creating
4 an exemption from public records requirements for
5 certain records and information held by the Drug
6 Overdose Death Review Committee and the Suicide Death
7 Review Committee, respectively, or a local review
8 committee established thereunder; authorizing the
9 disclosure of such records and information under
10 certain circumstances; creating an exemption from
11 public meetings requirements for portions of meetings
12 of the committees which would reveal confidential and
13 exempt information; requiring the recording of exempt
14 portions of such meetings; requiring the committees to
15 maintain such recordings; providing criminal
16 penalties; providing for future legislative review and
17 repeal; providing statements of public necessity;
18 providing a contingent effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Paragraph (h) is added to subsection (5) of
23 section 394.47893, Florida Statutes, as created by SB ____, 2026
24 Regular Session, to read:
25 394.47893 Drug overdose review; Drug Overdose Death Review
26 Committee; local review committees.—
27 (5) ACCESS TO AND USE OF RECORDS AND INFORMATION.—
28
(h)1.
Any
record
or
information held by the Drug Overdose
29
Death Review Committee or a local review committee which reveals
30
the identity of a decedent whose death occurred as a result of
31
drug overdose, or which reveals the identity of the family
32
member of such decedent, is confidential and exempt from s.
33
119.07(1) and s. 24(a), Art. I of the State Constitution. The
34
Drug Overdose Death Review Committee or a local review committee
35
may share
records and
information made confidential and exempt
36
by this section with all of the following:
37
a.
Each other.
38
b.
A governmental agency in furtherance of its duties.
39
c.
Any person or entity authorized by the Department of
40
Health to use such relevant
records or
information for bona fide
41
research or statistical purposes. A person or
an
entity
that
is
42
authorized to use such relevant
records or
information for
43
research or statistical purposes must enter into a privacy and
44
security agreement with the Department of Health and comply with
45
all laws and rules governing the usage of such records and
46
information for research or statistical purposes. Anything
47
identifying the subjects of such relevant
records or
information
48
must be treated as confidential by the person
or
entity and may
49
not be released in any form.
50
2.
Portions of meetings held by the Drug Overdose Death
51
Review Committee or a local review committee at which
any record
52
or
information made confidential and exempt
under
subparagraph
53
1. is discussed are exempt from s. 286.011 and s. 24(b), Art. I
54
of the State Constitution. The closed portion of a meeting must
55
be recorded, and no portion of the closed meeting may be off the
56
record. The recording
must
be maintained by the Drug Overdose
57
Death Review Committee or by a local review committee
, as
58
applicable
.
59
3.
A person who knowingly or willfully makes public or
60
discloses to any unauthorized person any
record or
information
61
held by
the Drug Overdose Death Review Committee or a local
62
review committee
which is
confidential and exempt under this
63
paragraph commits a misdemeanor of the first degree, punishable
64
as provided in s. 775.082 or s. 775.083.
65
4.
This paragraph is subject to the Open Government Sunset
66
Review Act in accordance with s. 119.15 and shall stand repealed
67
on October 2, 2031, unless reviewed and saved from repeal
68
through reenactment by the Legislature
.
69 Section 2. Paragraph (h) is added to subsection (5) of
70 section 394.47894, Florida Statutes, as created by SB ____, 2026
71 Regular Session, to read:
72 394.47894 Suicide review; Suicide Death Review Committee;
73 local review committees.—
74 (5) ACCESS TO AND USE OF RECORDS AND INFORMATION.—
75
(h)1.
Any
record or
information held by the Suicide Death
76
Review Committee or a local review committee which reveals the
77
identity of a decedent whose death occurred as a result of
78
suicide, or which reveals the identity of
a
family member of
79
such decedent, is confidential and exempt from s. 119.07(1) and
80
s. 24(a), Art. I of the State Constitution. The Suicide Death
81
Review Committee or a local review committee may share
records
82
and
information made confidential and exempt by this section
83
with all of the following:
84
a.
Each other.
85
b.
A governmental agency in furtherance of its duties.
86
c.
Any person or entity authorized by the Department of
87
Health to use such relevant
records or
information for bona fide
88
research or statistical purposes. A person or
an
entity
that
is
89
authorized to use such relevant
records or
information for
90
research or statistical purposes must enter into a privacy and
91
security agreement with the Department of Health and comply with
92
all laws and rules governing the usage of such
records and
93
information for research or statistical purposes. Anything
94
identifying the subjects of such relevant
records or
information
95
must be treated as confidential by the person
or
entity and may
96
not be released in any form.
97
2.
Portions of meetings held by the Suicide Death Review
98
Committee or a local review committee at which
any record or
99
information made confidential and exempt
under
subparagraph 1.
100
is discussed are exempt from s. 286.011 and s. 24(b), Art. I of
101
the State Constitution. The closed portion of a meeting must be
102
recorded, and no portion of the closed meeting may be off the
103
record. The recording
must
be maintained by the Suicide Death
104
Review Committee or by a local review committee
, as applicable
.
105
3.
A person who knowingly or willfully makes public or
106
discloses to any unauthorized person any
record or
information
107
held by
the Suicide Death Review Committee or a local review
108
committee
which is
confidential and exempt under this paragraph
109
commits a misdemeanor of the first degree, punishable as
110
provided in s. 775.082 or s. 775.083.
111
4.
This paragraph is subject to the Open Government Sunset
112
Review Act in accordance with s. 119.15 and shall stand repealed
113
on October 2, 2031, unless reviewed and saved from repeal
114
through reenactment by the Legislature
.
115 Section 3.
(1)
The Legislature finds that it is a public
116
necessity that any
record or
information held by the Drug
117
Overdose Death Review Committee
or
the Suicide Death Review
118
Committee or a local review committee
established thereunder
119
which reveals the identity of a decedent whose death occurred as
120
a result of
a
drug overdose
or
suicide,
as applicable,
or which
121
reveals the identity of
a
family member of such decedent, be
122
made
confidential and exempt from s. 119.07(1), Florida
123
Statutes, and s. 24(a), Article I of the State Constitution. The
124
Legislature finds that such
records and
information
revealing
125
the identity of a decedent whose death occurred as a result of
a
126
drug overdose
or
suicide, or
which
reveal the identity of
a
127
family member of such decedent,
are
of a sensitive personal
128
nature. The Legislature finds that the release of such
records
129
or
information could cause unwarranted damage to the good name
130
or reputation of such decedents and their family members, could
131
jeopardize the safety of the family members of such decedents,
132
and could cause unnecessary trauma, sorrow, humiliation, and
133
emotional injury to the family members of such decedents. The
134
Legislature makes these findings considering the existence of
135
the Internet and the proliferation of websites throughout the
136
world
which
encourage the incessant dissemination of
137
information. The Legislature finds that protecting the
138
confidentiality of this sensitive information ensures the
139
effectiveness of the review process of drug overdose deaths
and
140
suicide
s
, especially as it concerns the sharing of
records and
141
information between the local review committees and the
Drug
142
Overdose Death Review Committee
and the
Suicide
Death Review
143
Committee
, as applicable
.
144
(2)
The Legislature finds it to be a public necessity that
145
portions of meetings held by the Drug Overdose Death Review
146
Committee
or
the Suicide Death Review Committee or a local
147
review committee
established thereunder
at which
records or
148
information made confidential and exempt
under
s.
149
394.47893(5)(h)1.
, Florida Statutes, or
s.
394.47894(5)(h)1.,
150
Florida Statutes,
as applicable, is
discussed be
made
exempt
151
from s. 286.011, Florida Statutes, and s. 24(b), Article I of
152
the State Constitution. The Legislature finds that without such
153
an exemption, the open deliberation and discussion of drug
154
overdose deaths
and
suicide
s
amongst the parties involved in the
155
reviews of such deaths would be impeded.
156
(3)
The Legislature further finds that the increased
157
potential for a reduction in drug overdose deaths
and
suicide
s
158
as a result of the
se
exemptions substantially outweighs any
159
minimal public benefit derived from the release of such
records
160
and
information made confidential and exempt.
161 Section 4. This act shall take effect on the same date that
162 SB ____ or similar legislation takes effect, if such legislation
163 is adopted in the same legislative session or an extension
164 thereof and becomes a law.