Florida Senate - 2011                                     SB 568
       
       
       
       By the Committee on Judiciary
       
       
       
       
       590-00700-11                                           2011568__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 744.1076, F.S.,
    4         relating to public-record exemptions for court records
    5         relating to court monitors in guardianship
    6         proceedings; consolidating provisions; providing that
    7         orders appointing nonemergency court monitors are
    8         exempt rather than confidential and exempt; providing
    9         that only court orders finding no probable cause are
   10         confidential and exempt; saving the exemptions from
   11         repeal under the Open Government Sunset Review Act;
   12         removing the scheduled repeal of the exemption;
   13         providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 744.1076, Florida Statutes, is amended
   18  to read:
   19         744.1076 Court orders appointing court monitors and
   20  emergency court monitors; reports of court monitors; orders
   21  finding findings of no probable cause; public records
   22  exemptions.—
   23         (1)(a) The order of any court appointing a court monitor
   24  pursuant to s. 744.107 or an emergency court monitor pursuant to
   25  s. 744.1075 is confidential and exempt from s. 119.07(1) and s.
   26  24(a), Art. I of the State Constitution.
   27         (b) The reports of an appointed court monitor or emergency
   28  court monitor relating to the medical condition, financial
   29  affairs, or mental health of the ward that are required pursuant
   30  to s. 744.107 are confidential and exempt from s. 119.07(1) and
   31  s. 24(a), Art. I of the State Constitution. Such reports may be
   32  subject to inspection as determined by the court or upon a
   33  showing of good cause.
   34         (c) The public records exemptions provided in this
   35  subsection expire if a court makes a finding of probable cause,
   36  except that information otherwise made confidential or exempt
   37  shall retain its confidential or exempt status.
   38         (2)(a) The order of any court appointing a court monitor on
   39  an emergency basis pursuant to s. 744.1075 is exempt from s.
   40  119.07(1) and s. 24(a), Art. I of the State Constitution.
   41         (b) The reports of a court monitor appointed on an
   42  emergency basis relating to the medical condition, financial
   43  affairs, or mental health of the ward that are required pursuant
   44  to s. 744.1075 are confidential and exempt from s. 119.07(1) and
   45  s. 24(a), Art. I of the State Constitution. Such reports may be
   46  subject to inspection as determined by the court or upon a
   47  showing of good cause.
   48         (c) The public records exemptions provided in this
   49  subsection expire if a court makes a finding of probable cause,
   50  except that information otherwise made confidential or exempt
   51  shall retain its confidential or exempt status.
   52         (2)(3) Court determinations relating to a finding of no
   53  probable cause and Court orders finding no probable cause
   54  pursuant to s. 744.107 or s. 744.1075 are confidential and
   55  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   56  Constitution; however, such orders determinations and findings
   57  may be subject to inspection as determined by the court or upon
   58  a showing of good cause.
   59         (4) This section is subject to the Open Government Sunset
   60  Review Act in accordance with s. 119.15 and shall stand repealed
   61  on October 2, 2011, unless reviewed and saved from repeal
   62  through reenactment by the Legislature.
   63         Section 2. This act shall take effect October 1, 2011.