Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1810
                        Barcode 410438
                            CHAMBER ACTION
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11  The Committee on Judiciary (Campbell) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 744.1076, Florida Statutes, is
19  created to read:
20         744.1076  Court orders appointing court monitors and
21  emergency court monitors; reports of court monitors.--
22         (1)  The order of any court appointing a court monitor
23  under s. 744.107 and the reports of the monitors relating to
24  the medical condition, financial affairs, or mental health of
25  the ward required under the section are confidential and
26  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
27  Constitution. The orders and reports may be subject to
28  inspection as determined by the court as provided in s.
29  744.107.
30         (2)  The order of any court appointing a court monitor
31  on an emergency basis under s. 744.1075, the reports of the
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    9:11 AM   04/05/05                             s1810d-ju32-ta1

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1810 Barcode 410438 1 monitors relating to the medical condition, financial affairs, 2 or mental health of the ward, court determinations relating to 3 probable cause, and court orders finding no probable cause or 4 to show cause required under this section are confidential and 5 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 6 Constitution. The orders and reports may be subject to 7 inspection as determined by the court as provided in s. 8 744.1075. 9 Section 2. Section 744.1076, Florida Statutes, is 10 subject to the Open Government Sunset Review Act of 1995 in 11 accordance with s. 119.15, Florida Statutes, and shall stand 12 repealed on October 2, 2010, unless reviewed and saved from 13 repeal through reenactment by the Legislature. 14 Section 3. (1) The Legislature finds that it is a 15 public necessity that information concerning the appointment 16 of a court monitor and the report of a court monitor to the 17 court remain confidential and exempt from public disclosure 18 requirements unless otherwise ordered by a court of this 19 state. The Legislature finds that the release of the 20 information would produce undue harm to the ward and any 21 interested parties. In many instances, a monitor is appointed 22 to investigate allegations that may rise to the level of 23 physical neglect or abuse or financial exploitation. When such 24 allegations are involved, if the order of appointment is 25 public, the target of the investigation may be made aware of 26 the investigation before the investigation is even underway, 27 raising the risk of concealment of evidence, intimidation of 28 witnesses, or retaliation against the reporter. 29 (2) The Legislature finds that public disclosure of 30 such information would hinder the ability of the monitor to 31 investigate, interview parties, and conduct a thorough 2 9:11 AM 04/05/05 s1810d-ju32-ta1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1810 Barcode 410438 1 investigation since many parties involved in the investigation 2 would be reluctant to speak to a court monitor knowing that 3 the information may become public. Protecting the information 4 would provide an environment in which to discuss information 5 in a free and open way and would allow all parties to develop 6 the information needed to assist the monitor in conducting an 7 accurate and thorough investigation. The Legislature finds 8 that the harm to the public which would result from the 9 release of the information substantially outweighs any minimal 10 public benefit derived from the public disclosure of the 11 personal information. 12 Section 4. This act shall take effect on the same date 13 that House Bill 457 or substantially similar legislation takes 14 effect, if the legislation is adopted in the same legislative 15 session or an extension thereof and becomes law. 16 17 18 ================ T I T L E A M E N D M E N T =============== 19 And the title is amended as follows: 20 Delete everything before the enacting clause 21 22 and insert: 23 A bill to be entitled 24 An act relating to public-records exemptions; 25 creating s. 744.1076, F.S.; exempting from 26 public-records requirements certain court 27 records relating to the appointment of certain 28 court monitors, reports of such monitors, and 29 orders of a court; providing for future 30 legislative review and repeal under the Open 31 Government Sunset Review Act; providing 3 9:11 AM 04/05/05 s1810d-ju32-ta1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1810 Barcode 410438 1 findings of public necessity; providing a 2 contingent effective date. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 9:11 AM 04/05/05 s1810d-ju32-ta1