Florida Senate - 2014                              CS for SB 108
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Joyner
       
       
       
       
       586-00463-14                                           2014108c1
    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 a statement of public
   15         necessity; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 744.3701, Florida Statutes, is amended
   20  to read:
   21         744.3701 Confidentiality Inspection of report.—
   22         (1) Unless otherwise ordered by the court, upon a showing
   23  of good cause, any initial, annual, or final guardianship report
   24  or amendment thereto, or any court record relating to the
   25  settlement of a claim, is subject to inspection only by the
   26  court, the clerk or the clerk’s representative, the guardian and
   27  the guardian’s attorney, the guardian ad litem with regard to
   28  the settlement of the claim, and the ward if he or she is at
   29  least 14 years of age and has not, unless he or she is a minor
   30  or has been determined to be totally incapacitated, and the
   31  ward’s attorney, the minor if he or she is at least 14 years of
   32  age, or the attorney representing the minor with regard to the
   33  minor’s claim, or as otherwise provided by this chapter.
   34         (2) The court may direct disclosure and recording of parts
   35  of an initial, annual, or final report or amendment thereto, or
   36  a court record relating to the settlement of a claim, including
   37  a petition for approval of a settlement on behalf of a ward or
   38  minor, a report of a guardian ad litem relating to a pending
   39  settlement, or an order approving a settlement on behalf of a
   40  ward or minor, in connection with any real property transaction
   41  or for such other purpose as the court allows, in its
   42  discretion.
   43         (3) Any court record relating to the settlement of a ward’s
   44  or minor’s claim, including a petition for approval of a
   45  settlement on behalf of a ward or minor, a report of a guardian
   46  ad litem relating to a pending settlement, or an order approving
   47  a settlement on behalf of a ward or minor, is confidential and
   48  exempt from the provisions s. 24(a), Art. I of the State
   49  Constitution and may not be disclosed except as specifically
   50  authorized.
   51         Section 2. The Legislature finds that it is a public
   52  necessity to keep confidential and exempt from public disclosure
   53  information contained in a settlement record which could be used
   54  to identify a minor or ward. The information contained in these
   55  records is of a sensitive, personal nature, and its disclosure
   56  could jeopardize the physical safety and financial security of
   57  the minor or ward. In order to protect minors, wards, and others
   58  who could be at risk upon disclosure of a settlement, it is
   59  necessary to ensure that only those interested persons who are
   60  involved in settlement proceedings or the administration of the
   61  guardianship have access to reports and records. The Legislature
   62  finds that the court retaining discretion to direct disclosure
   63  of these records is a fair alternative to public access.
   64         Section 3. This act shall take effect on the same date that
   65  SB 120 or similar legislation takes effect if such legislation
   66  is adopted in the same legislative session or an extension
   67  thereof and becomes law.