HB 0947

1	A bill to be entitled
2	An act relating to public records exemptions; creating s.
3	744.1076, F.S.; exempting from public records
4	requirements certain court records relating to appointment
5	of certain court monitors, reports of such monitors, and
6	orders of a court; providing for future legislative review
7	and repeal; providing findings of public necessity;
8	providing a contingent effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Section 744.1076, Florida Statutes, is created
13	to read:
14	744.1076  Court orders appointing court monitors and
15	emergency court monitors; reports of court monitors.--
16	(1)  The order of any court appointing a court monitor
17	pursuant to s. 744.107 and the reports of such monitors required
18	pursuant to such section are confidential and exempt from s.
19	119.07(1) and s. 24(a), Art. I of the State Constitution. Such
20	orders and reports may be subject to inspection as determined by
21	the court as provided in s. 744.107.
22	(2)  The order of any court appointing a court monitor on
23	an emergency basis pursuant to s. 744.1075, the reports of such
24	monitors, court determinations relating to probable cause, and
25	court orders finding no probable cause or to show cause required
26	pursuant to such section are confidential and exempt from s.
27	119.07(1) and s. 24(a), Art. I of the State Constitution. Such
28	orders and reports may be subject to inspection as determined by
29	the court as provided in s. 744.1075.
30	Section 2.  Section 744.1076, Florida Statutes, is subject
31	to the Open Government Sunset Review Act of 1995 in accordance
32	with s. 119.15, Florida Statutes, and shall stand repealed on
33	October 2, 2010, unless reviewed and saved from repeal through
34	reenactment by the Legislature.
35	Section 3.  (1)  The Legislature finds that it is a public
36	necessity that information concerning the appointment of a court
37	monitor and the report of a court monitor to the court remain
38	confidential and exempt from public disclosure requirements
39	unless otherwise ordered by a court of this state. The
40	Legislature finds that the release of such information would
41	produce undue harm to the ward and any interested parties. In
42	many instances, a monitor is appointed to investigate
43	allegations which may rise to the level of physical neglect or
44	abuse or financial exploitation. When such allegations are
45	involved, if the order of appointment is public, the target of
46	the investigation may be made aware of the investigation before
47	the investigation is even underway, raising the risk of
48	concealment of evidence, intimidation of witnesses, or
49	retaliation against the reporter.
50	(2)  The Legislature finds that public disclosure of such
51	information would hinder the ability of the monitor to
52	investigate, interview parties, and conduct a thorough
53	investigation since many parties involved in such investigation
54	would be reluctant to speak to a court monitor knowing that such
55	information may become public. Protecting such information would
56	provide an environment in which to discuss information in a free
57	and open way and would allow all parties to develop the
58	information needed to assist the monitor in conducting an
59	accurate and thorough investigation. The Legislature finds that
60	the harm to the public which would result from the release of
61	such information substantially outweighs any minimal public
62	benefit derived from the public disclosure of such personal
63	information.
64	Section 4.  This act shall take effect on the same date
65	that House Bill 457 or substantially similar legislation takes
66	effect, if such legislation is adopted in the same legislative
67	session or an extension thereof and becomes law.

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