Senate Bill sb1570

    Florida Senate - 2003                                  SB 1570

    By Senator Lynn





    7-1115-03

  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         44.1026, F.S.; providing that oral or written

  4         communications or documents in a presuit or

  5         voluntary mediation proceeding are confidential

  6         and exempt from public disclosure under the

  7         public-records law; authorizing disclosure of

  8         communications and documents upon consent of

  9         all participants to the mediation; providing an

10         exception for executed settlements and certain

11         communications; providing for future

12         legislative review and repeal; providing a

13         finding of public necessity; providing a

14         contingent effective date.

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

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18         Section 1.  Section 44.1026, Florida Statutes, is

19  created to read:

20         44.1026  Presuit and voluntary mediation; public

21  records exemption.--All oral or written communications or

22  documents, including written documents of the mediator, in a

23  presuit or voluntary mediation proceeding are confidential and

24  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

25  Constitution. Such communications and documents, however, may

26  be disclosed upon the consent of all participants to the

27  presuit mediation or parties to the voluntary mediation.

28  Executed settlement agreements or communications as provided

29  in s. 44.1025(3) are neither confidential nor exempt.  This

30  section is subject to the Open Government Sunset Review Act of

31  1995 in accordance with s. 119.15, and shall stand repealed on

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






    Florida Senate - 2003                                  SB 1570
    7-1115-03




  1  October 2, 2008, unless reviewed and saved from repeal through

  2  reenactment by the Legislature.

  3         Section 2.  The Legislature finds that the

  4  confidentiality and public-records exemption for all oral and

  5  written communications or documents in a presuit or voluntary

  6  mediation is a public necessity in order to promote the

  7  effective and efficient use of mediation and minimize court

  8  involvement and intervention. Confidentiality enhances candor

  9  and confidence in the mediation process such that participants

10  can develop creative solutions to the issues in dispute. The

11  Legislature also finds that the public policy provided for in

12  the promotion and use of presuit and voluntary mediations will

13  be served by the confidentiality and public-records exemption

14  of the communications and documents made or created during the

15  mediation process.

16         Section 3.  This act shall take effect July 1, 2003,

17  but it shall not take effect unless SB ____, relating to

18  presuit and voluntary mediation or similar legislation, is

19  enacted at the 2003 Regular Session or an extension thereof.

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22                          SENATE SUMMARY

23    Provides an exemption from public-records requirements
      for oral or written communications or documents in a
24    presuit or voluntary mediation proceeding. Provides
      certain exceptions. Provides for future legislative
25    review and repeal under the Open Government Sunset Review
      Act of 1995. Provides a finding of public necessity.
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CODING: Words stricken are deletions; words underlined are additions.