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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 704

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Forman moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

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16  and insert:

17         Section 1.  Section 744.7081, Florida Statutes, is

18  created to read:

19         744.7081  Access to records by Statewide Public

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

21  or mental health records necessary to evaluate the public

22  guardianship system, to assess the need for additional public

23  guardianship offices or services, or to develop the annual

24  report of the Statewide Public Guardianship Office to the

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

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

27  shall be provided to the Statewide Public Guardianship Office

28  upon request. Any confidential or exempt information so

29  provided to the Statewide Public Guardianship Office shall

30  continue to be held confidential or exempt as otherwise

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 704

    Amendment No.    





 1  Public Guardianship Office relating to the medical, financial,

 2  or mental health of vulnerable citizens who are elderly

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

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

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

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

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

 8  the Open Government Sunset Review Act of 1995 in accordance

 9  with s. 119.15, and shall stand repealed on October 2, 2004,

10  unless reviewed and saved from repeal through reenactment by

11  the Legislature.

12         Section 2.  The Legislature finds that the health and

13  safety of the public necessitates that the Statewide Public

14  Guardianship Office have access to medical, financial, and

15  mental health records of the states' vulnerable citizens who

16  are elderly persons or disabled adults as defined in chapter

17  415, Florida Statutes, persons with a developmental disability

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

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

20  The Legislature further finds that the exemption provided for

21  in this act is a public necessity because the public

22  disclosure of sensitive information as well as information

23  otherwise confidential or exempt could lead to discrimination

24  against affected citizens and could make these citizens

25  reluctant to seek assistance for themselves or their family

26  members.  This result would then negatively affect the

27  effective and efficient operation of the Statewide Public

28  Guardianship Office.

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

30  that Senate Bill      or similar legislation creating the

31  Statewide Public Guardianship Office takes effect, if such

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 704

    Amendment No.    





 1  legislation is adopted in the same legislative session or an

 2  extension thereof.

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 5  ================ T I T L E   A M E N D M E N T ===============

 6  And the title is amended as follows:

 7         Delete everything before the enacting clause

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 9  and insert:

10                      A bill to be entitled

11         An act relating to public records exemptions;

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

13         exemption from public records requirements for

14         certain records requested by the Statewide

15         Public Guardianship Office; providing for

16         review and repeal; providing a statement of

17         public necessity; providing a contingent

18         effective date.

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