Florida Senate - 2013                                     SB 610
       
       
       
       By Senator Joyner
       
       
       
       
       19-00228A-13                                           2013610__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         744.3701, F.S.; creating an exemption from public
    4         records requirements for records relating to the
    5         settlement of a claim on behalf of a minor or ward;
    6         authorizing a guardian ad litem, a ward, a minor, and
    7         a minor’s attorney to inspect guardianship reports and
    8         court records relating to the settlement of a claim on
    9         behalf of a minor or ward, upon a showing of good
   10         cause; authorizing the court to direct disclosure and
   11         recording of an amendment to a report or court records
   12         relating to the settlement of a claim on behalf of a
   13         ward or minor, in connection with real property or for
   14         other purposes; providing for future review and repeal
   15         of the public records exemption under the Open
   16         Government Sunset Review Act; providing a statement of
   17         public necessity; providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 744.3701, Florida Statutes, is amended
   22  to read:
   23         744.3701 Confidentiality Inspection of report.—
   24         (1) Unless otherwise ordered by the court, upon a showing
   25  of good cause, any initial, annual, or final guardianship report
   26  or amendment thereto, or any court record relating to the
   27  settlement of a claim, is subject to inspection only by the
   28  court, the clerk or the clerk’s representative, the guardian and
   29  the guardian’s attorney, the guardian ad litem with regard to
   30  the settlement of the claim, and the ward if he or she is at
   31  least 14 years of age and has not, unless he or she is a minor
   32  or has been determined to be totally incapacitated, and the
   33  ward’s attorney, the minor if he or she is at least 14 years of
   34  age, or the attorney representing the minor with regard to the
   35  minor’s claim, or as otherwise provided by this chapter.
   36         (2) The court may direct disclosure and recording of parts
   37  of an initial, annual, or final report or amendment thereto, or
   38  a court record relating to the settlement of a claim, including
   39  a petition for approval of a settlement on behalf of a ward or
   40  minor, a report of a guardian ad litem relating to a pending
   41  settlement, or an order approving a settlement on behalf of a
   42  ward or minor, in connection with any real property transaction
   43  or for such other purpose as the court allows, in its
   44  discretion.
   45         (3) Any court record relating to the settlement of a ward's
   46  or minor’s claim, including a petition for approval of a
   47  settlement on behalf of a ward or minor, a report of a guardian
   48  ad litem relating to a pending settlement, or an order approving
   49  a settlement on behalf of a ward or minor, is confidential and
   50  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
   51  of the State Constitution and may not be disclosed except as
   52  specifically authorized.
   53         (4) This section is subject to the Open Government Sunset
   54  Review Act in accordance with s. 119.15 and shall stand repealed
   55  on October 2, 2018, unless reviewed and saved from repeal
   56  through reenactment by the Legislature.
   57         Section 2. The Legislature finds that it is a public
   58  necessity to keep confidential and exempt from public disclosure
   59  information contained in a settlement record which could be used
   60  to identify a minor or ward. The information contained in these
   61  records is of a sensitive, personal nature and its disclosure
   62  could jeopardize the physical safety and financial security of
   63  the minor or ward. In order to protect minors, wards, and others
   64  who could be at risk upon disclosure of a settlement, it is
   65  necessary to ensure that only those interested persons who are
   66  involved in settlement proceedings or the administration of the
   67  guardianship have access to reports and records. The Legislature
   68  finds that the court retaining discretion to direct disclosure
   69  of these records is a fair alternative to public access.
   70         Section 3. This act shall take effect upon becoming a law.