Senate Bill sb0466c1

    Florida Senate - 2004                            CS for SB 466

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





    317-778-04

  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.

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

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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 the

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

21  public guardianship system, to assess the need for additional

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

23  provided to the Statewide Public Guardianship Office upon that

24  office's request. Any confidential or exempt information

25  provided to the Statewide Public Guardianship Office shall

26  continue to be held confidential or exempt as otherwise

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

28  Guardianship Office relating to the medical, financial, or

29  mental health of vulnerable adults as defined in chapter 415,

30  persons with a developmental disability as defined in chapter

31  393, or persons with a mental illness as defined in chapter

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






    Florida Senate - 2004                            CS for SB 466
    317-778-04




 1  394, shall be confidential and exempt from s. 119.07(1) and s.

 2  24(a), Art. I of the State Constitution. This section is

 3  subject to the Open Government Sunset Review Act of 1995 in

 4  accordance with s. 119.15, and shall stand repealed on October

 5  2, 2004, unless reviewed and saved from repeal through

 6  reenactment by the Legislature.

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

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 9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                         Senate Bill 466

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12  The committee substitute reinstates current statutory language
    relating to agencies of the court which must provide certain
13  records to the Statewide Public Guardianship Office upon
    request of the office.
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CODING: Words stricken are deletions; words underlined are additions.