Senate Bill sb0466

    Florida Senate - 2004                                   SB 466

    By the Committee on Health, Aging, and Long-Term Care





    317-261-04

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act; amending s.

  4         744.7081, F.S., relating to a public-records

  5         exemption for certain records held by the

  6         Statewide Public Guardianship Office; saving

  7         the exemption from repeal under the Open

  8         Government Sunset Review Act; deleting

  9         provisions providing for a repeal of the

10         exemption; providing an effective date.

11  

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

13  

14         Section 1.  Section 744.7081, Florida Statutes, is

15  amended to read:

16         744.7081  Access to records by Statewide Public

17  Guardianship Office; confidentiality.--Notwithstanding any

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

19  financial, or mental health records held by an agency, or by a

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

21  the public guardianship system, to assess the need for

22  additional public guardianship, or to develop required

23  reports, shall be provided to the Statewide Public

24  Guardianship Office upon that office's request. Any

25  confidential or exempt information provided to the Statewide

26  Public Guardianship Office shall continue to be held

27  confidential or exempt as otherwise provided by law. All

28  records held by the Statewide Public Guardianship Office

29  relating to the medical, financial, or mental health of

30  vulnerable adults as defined in chapter 415, persons with a

31  developmental disability as defined in chapter 393, or persons

                                  1

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






    Florida Senate - 2004                                   SB 466
    317-261-04




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

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

 3  of the State Constitution. This section is subject to the Open

 4  Government Sunset Review Act of 1995 in accordance with s.

 5  119.15, and shall stand repealed on October 2, 2004, unless

 6  reviewed and saved from repeal through reenactment by the

 7  Legislature.

 8         Section 2.  This act shall take effect October 1, 2004.

 9  

10            *****************************************

11                          SENATE SUMMARY

12    Revises the exemption from the public records law for
      certain records held by the Statewide Public Guardianship
13    Office. Removes the repeal of the exemption scheduled on
      October 2, 2004, under the Open Government Sunset Review
14    Act.

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  2

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