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The Florida Senate

2007 Florida Statutes

SECTION 1076
Court orders appointing court monitors and emergency court monitors; reports of court monitors; findings of no probable cause; public records exemptions.
Section 744.1076, Florida Statutes 2007

744.1076  Court orders appointing court monitors and emergency court monitors; reports of court monitors; findings of no probable cause; public records exemptions.--

(1)(a)  The order of any court appointing a court monitor pursuant to s. 744.107 is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(b)  The reports of an appointed court monitor relating to the medical condition, financial affairs, or mental health of the ward that are required pursuant to s. 744.107 are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such reports may be subject to inspection as determined by the court or upon a showing of good cause.

(c)  The public records exemptions provided in this subsection expire if a court makes a finding of probable cause, except that information otherwise made confidential or exempt shall retain its confidential or exempt status.

(2)(a)  The order of any court appointing a court monitor on an emergency basis pursuant to s. 744.1075 is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(b)  The reports of a court monitor appointed on an emergency basis relating to the medical condition, financial affairs, or mental health of the ward that are required pursuant to s. 744.1075 are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such reports may be subject to inspection as determined by the court or upon a showing of good cause.

(c)  The public records exemptions provided in this subsection expire if a court makes a finding of probable cause, except that information otherwise made confidential or exempt shall retain its confidential or exempt status.

(3)  Court determinations relating to a finding of no probable cause and court orders finding no probable cause pursuant to s. 744.107 or s. 744.1075 are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution; however, such determinations and findings may be subject to inspection as determined by the court or upon a showing of good cause.

(4)  This section is subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15 and shall stand repealed on October 2, 2011, unless reviewed and saved from repeal through reenactment by the Legislature.

History.--s. 1, ch. 2006-129.