House Bill 0219

    Florida House of Representatives - 1999                 HB 219

        By Representative Crow






  1                      A bill to be entitled

  2         An act relating to public records exemptions;

  3         creating s. 744.7081, F.S.; providing an

  4         exemption from public records requirements for

  5         certain records requested by the Statewide

  6         Public Guardianship Office; providing for

  7         review and repeal; providing a statement of

  8         public necessity; providing a contingent

  9         effective date.

10

11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Section 744.7081, Florida Statutes, is

14  created to read:

15         744.7081  Access to records by Statewide Public

16  Guardianship Office; confidentiality.--Any medical, financial,

17  or mental health records necessary to evaluate the public

18  guardianship system, to assess the need for additional public

19  guardianship offices or services, or to develop the annual

20  report of the Statewide Public Guardianship Office to the

21  Legislature, the Governor, and the Chief Justice of the

22  Supreme Court held by an agency or the court and its agencies

23  shall be provided to the Statewide Public Guardianship Office

24  upon request. Any confidential or exempt information so

25  provided to the Statewide Public Guardianship Office shall

26  continue to be held confidential or exempt as otherwise

27  provided by law. All other records held by the Statewide

28  Public Guardianship Office relating to the medical, financial,

29  or mental health of vulnerable citizens who are elderly

30  persons or disabled adults as defined in chapter 415, persons

31  with a developmental disability as defined in chapter 393, or

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                 HB 219

    568-150-99






  1  persons with a mental illness as defined in chapter 394, shall

  2  be confidential and exempt from s. 119.07(1) and s. 24(a),

  3  Art. I of the State Constitution. This section is subject to

  4  the Open Government Sunset Review Act of 1995 in accordance

  5  with s. 119.15, and shall stand repealed on October 2, 2004,

  6  unless reviewed and saved from repeal through reenactment by

  7  the Legislature.

  8         Section 2.  The Legislature finds that the health and

  9  safety of the public necessitates that the Statewide Public

10  Guardianship Office have access to medical, financial, and

11  mental health records of the states' vulnerable citizens who

12  are elderly persons or disabled adults as defined in chapter

13  415, Florida Statutes, persons with a developmental disability

14  as defined in chapter 393, Florida Statutes, or persons with a

15  mental illness as defined in chapter 394, Florida Statutes.

16  The Legislature further finds that the exemption provided for

17  in this act is a public necessity because the public

18  disclosure of sensitive information as well as information

19  otherwise confidential or exempt could lead to discrimination

20  against affected citizens and could make these citizens

21  reluctant to seek assistance for themselves or their family

22  members.  This result would then negatively affect the

23  effective and efficient operation of the Statewide Public

24  Guardianship Office.

25         Section 3.  This act shall take effect on the same date

26  that House Bill      or similar legislation creating the

27  Statewide Public Guardianship Office takes effect, if such

28  legislation is adopted in the same legislative session or an

29  extension thereof.

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