Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 268
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Rules (Passidomo) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 29 - 75
    4  and insert:
    5  any transactions of a ward’s funds, assets, or property; who
    6  under the supervision of the guardian, manages the care of the
    7  ward; or who makes any health care decision, as defined in s.
    8  765.101, on behalf of the ward. This exemption applies to
    9  information held by an agency before, on, or after July 1, 2018.
   10  An agency that is the custodian of the information specified in
   11  this section shall maintain the exempt status of that
   12  information only if the current or former public guardians and
   13  employees with fiduciary responsibility submit to the custodial
   14  agency a written request for maintenance of the exemption. This
   15  section is subject to the Open Government Sunset Review Act in
   16  accordance with s. 119.15 and shall stand repealed on October 2,
   17  2023, unless reviewed and saved from repeal through reenactment
   18  by the Legislature.
   19         Section 2. (1) The Legislature finds that it is a public
   20  necessity that the following identifying and location
   21  information be exempt from s. 119.07(1), Florida Statutes, and
   22  s. 24(a), Article I of the State Constitution:
   23         (a) The home addresses, telephone numbers, dates of birth,
   24  places of employment, and photographs of current or former
   25  public guardians and employees with fiduciary responsibility;
   26         (b) The names, home addresses, telephone numbers, dates of
   27  birth, and places of employment of spouses and children of such
   28  guardians and employees with fiduciary responsibility; and
   29         (c) The names and locations of schools and day care
   30  facilities attended by the children of such guardians and
   31  employees with fiduciary responsibility.
   32         (2) The Legislature finds that the release of such
   33  identifying and location information might place current or
   34  former public guardians and employees with fiduciary
   35  responsibility and their family members in danger of physical
   36  and emotional harm from disgruntled individuals who react
   37  inappropriately to actions taken by the public guardians and
   38  employees with fiduciary responsibility. Public guardians and
   39  employees with fiduciary responsibility provide a valuable
   40  service to the community by helping some of the state’s most
   41  vulnerable residents who lack the physical or mental capacity to
   42  take care of most aspects of their own personal affairs. Public
   43  guardians and employees with fiduciary responsibility help those
   44  who lack a willing and qualified family member or friend and who
   45  do not have the income or assets to pay a professional guardian.
   46         (3) Despite the value of this service, however, some
   47  persons, including a public guardian’s own wards, become
   48  disgruntled with the assistance provided or the decisions a
   49  public guardian or an employee with fiduciary responsibility
   50  makes, which can result in a guardian or an employee with
   51  fiduciary responsibility or the family members of the guardian
   52  or the employee with fiduciary responsibility becoming potential
   53  targets for an act of revenge. Wards have harassed their public
   54  guardians with threats of incarceration, violence, and death
   55  through voicemail messages and social media. Wards have also
   56  left voicemail messages threatening to kill themselves and
   57  others,
   58  
   59  ================= T I T L E  A M E N D M E N T ================
   60  And the title is amended as follows:
   61         Delete line 9
   62  and insert:
   63         providing for retroactive application; requiring an
   64         agency that is the custodian of certain information to
   65         maintain the exempt status of that information only if
   66         the current or former public guardians and employees
   67         with fiduciary responsibility submit a written request
   68         for maintenance of the exemption to the custodial
   69         agency; providing for