Senate Bill sb1810

    Florida Senate - 2005                                  SB 1810

    By Senator Campbell





    32-1257A-05                                         See HB 947

  1                      A bill to be entitled

  2         An act relating to public records exemptions;

  3         creating s. 744.1076, F.S.; exempting from

  4         public records  requirements certain court

  5         records relating to appointment of certain

  6         court monitors, reports of such monitors, and

  7         orders of a court; providing for future

  8         legislative review and repeal; providing

  9         findings of public necessity; providing a

10         contingent effective date.

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

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14         Section 1.  Section 744.1076, Florida Statutes, is

15  created to read:

16         744.1076  Court orders appointing court monitors and

17  emergency court monitors; reports of court monitors.--

18         (1)  The order of any court appointing a court monitor

19  pursuant to s. 744.107 and the reports of such monitors

20  required pursuant to such section are confidential and exempt

21  from section 119.07(1) and s. 24(a), Art. I of the State

22  Constitution. Such orders and reports may be subject to

23  inspection as determined by the court as provided in s.

24  744.107.

25         (2)  The order of any court appointing a court monitor

26  on an emergency basis pursuant to s. 744.1075, the reports of

27  such monitors, court determinations relating to probable

28  cause, and court orders finding no probable cause or to show

29  cause required pursuant to such section are confidential and

30  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

31  Constitution. Such orders and reports may be subject to

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 1810
    32-1257A-05                                         See HB 947




 1  inspection as determined by the court as provided in s.

 2  744.1075.

 3         Section 2.  Section 744.1076, Florida Statutes, is

 4  subject to the Open Government Sunset Review Act of 1995 in

 5  accordance with section 119.15, Florida Statutes, and shall

 6  stand repealed on October 2, 2010, unless reviewed and saved

 7  from repeal through reenactment by the Legislature.

 8         Section 3.  (1)  The Legislature finds that it is a

 9  public necessity that information concerning the appointment

10  of a court monitor and the report of a court monitor to the

11  court remain confidential and exempt from public disclosure

12  requirements unless otherwise ordered by a court of this

13  state. The Legislature finds that the release of such

14  information would produce undue harm to the ward and any

15  interested parties. In many instances, a monitor is appointed

16  to investigate allegations which may rise to the level of

17  physical neglect or abuse or financial exploitation. When such

18  allegations are involved, if the order of appointment is

19  public, the target of the investigation may be made aware of

20  the investigation before the investigation is even underway,

21  raising the risk of concealment of evidence, intimidation of

22  witnesses, or retaliation against the reporter.

23         (2)  The Legislature finds that public disclosure of

24  such information would hinder the ability of the monitor to

25  investigate, interview parties, and conduct a thorough

26  investigation since many parties involved in such

27  investigation would be reluctant to speak to a court monitor

28  knowing that such information may become public. Protecting

29  such information would provide an environment in which to

30  discuss information in a free and open way and would allow all

31  parties to develop the information needed to assist the

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    Florida Senate - 2005                                  SB 1810
    32-1257A-05                                         See HB 947




 1  monitor in conducting an accurate and thorough investigation.

 2  The Legislature finds that the harm to the public which would

 3  result from the release of such information substantially

 4  outweighs any minimal public benefit derived from the public

 5  disclosure of such personal information.

 6         Section 4.  This act shall take effect on the same date

 7  that Senate Bill ___ or substantially similar legislation

 8  takes effect, if such legislation is adopted in the same

 9  legislative session or an extension thereof and becomes law.

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CODING: Words stricken are deletions; words underlined are additions.