House Bill 0219c1

    Florida House of Representatives - 1999              CS/HB 219

        By the Committee on Real Property & Probate and
    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:

12

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.--Notwithstanding any

17  other provision of law to the contrary, any medical,

18  financial, or mental health records held by an agency, or the

19  court and its agencies, which are necessary to evaluate the

20  public guardianship system, to assess the need for additional

21  public guardianship, or to develop required reports, shall be

22  provided to the Statewide Public Guardianship Office upon that

23  office's request. Any confidential or exempt information so

24  provided to the Statewide Public Guardianship Office shall

25  continue to be held confidential or exempt as otherwise

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

27  Public Guardianship Office relating to the medical, financial,

28  or mental health of vulnerable citizens who are elderly

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

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

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

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






    Florida House of Representatives - 1999              CS/HB 219

    605-126A-99






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

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

  3  the Open Government Sunset Review Act of 1995 in accordance

  4  with s. 119.15, and shall stand repealed on October 2, 2004,

  5  unless reviewed and saved from repeal through reenactment by

  6  the Legislature.

  7         Section 2.  The Legislature finds that the health and

  8  safety of the public necessitates that the Statewide Public

  9  Guardianship Office have access to medical, financial, and

10  mental health records of the states' vulnerable citizens who

11  are elderly persons or disabled adults as defined in chapter

12  415, Florida Statutes, persons with a developmental disability

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

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

15  The Legislature further finds that the exemption provided for

16  in this act is a public necessity because the public

17  disclosure of sensitive information as well as information

18  otherwise confidential or exempt could lead to discrimination

19  against affected citizens and could make these citizens

20  reluctant to seek assistance for themselves or their family

21  members.  This result would then negatively affect the

22  effective and efficient operation of the Statewide Public

23  Guardianship Office.

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

25  that House Bill 213 or similar legislation creating the

26  Statewide Public Guardianship Office takes effect, if such

27  legislation is adopted in the same legislative session or an

28  extension thereof.

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