| 1 | The Civil Justice Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to public records exemptions; creating s. |
| 7 | 744.1076, F.S.; exempting from public records requirements |
| 8 | certain court records relating to appointment of certain |
| 9 | court monitors, reports of such monitors, and orders of a |
| 10 | court; providing for future legislative review and repeal; |
| 11 | providing findings of public necessity; providing a |
| 12 | contingent effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Section 744.1076, Florida Statutes, is created |
| 17 | to read: |
| 18 | 744.1076 Court orders appointing court monitors and |
| 19 | emergency court monitors; reports of court monitors.-- |
| 20 | (1) The order of any court appointing a court monitor |
| 21 | pursuant to s. 744.107 and the reports of such monitors relating |
| 22 | to the medical condition, financial affairs, or mental health of |
| 23 | the ward required pursuant to such section are confidential and |
| 24 | exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
| 25 | Constitution. Such orders and reports may be subject to |
| 26 | inspection as determined by the court as provided in s. 744.107. |
| 27 | (2) The order of any court appointing a court monitor on |
| 28 | an emergency basis pursuant to s. 744.1075, the reports of such |
| 29 | monitors relating to the medical condition, financial affairs, |
| 30 | or mental health of the ward, court determinations relating to |
| 31 | probable cause, and court orders finding no probable cause or to |
| 32 | show cause required pursuant to such section are confidential |
| 33 | and exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
| 34 | Constitution. Such orders and reports may be subject to |
| 35 | inspection as determined by the court as provided in s. |
| 36 | 744.1075. |
| 37 | Section 2. Section 744.1076, Florida Statutes, is subject |
| 38 | to the Open Government Sunset Review Act of 1995 in accordance |
| 39 | with s. 119.15, Florida Statutes, and shall stand repealed on |
| 40 | October 2, 2010, unless reviewed and saved from repeal through |
| 41 | reenactment by the Legislature. |
| 42 | Section 3. (1) The Legislature finds that it is a public |
| 43 | necessity that information concerning the appointment of a court |
| 44 | monitor and the report of a court monitor to the court remain |
| 45 | confidential and exempt from public disclosure requirements |
| 46 | unless otherwise ordered by a court of this state. The |
| 47 | Legislature finds that the release of such information would |
| 48 | produce undue harm to the ward and any interested parties. In |
| 49 | many instances, a monitor is appointed to investigate |
| 50 | allegations which may rise to the level of physical neglect or |
| 51 | abuse or financial exploitation. When such allegations are |
| 52 | involved, if the order of appointment is public, the target of |
| 53 | the investigation may be made aware of the investigation before |
| 54 | the investigation is even underway, raising the risk of |
| 55 | concealment of evidence, intimidation of witnesses, or |
| 56 | retaliation against the reporter. |
| 57 | (2) The Legislature finds that public disclosure of such |
| 58 | information would hinder the ability of the monitor to |
| 59 | investigate, interview parties, and conduct a thorough |
| 60 | investigation since many parties involved in such investigation |
| 61 | would be reluctant to speak to a court monitor knowing that such |
| 62 | information may become public. Protecting such information would |
| 63 | provide an environment in which to discuss information in a free |
| 64 | and open way and would allow all parties to develop the |
| 65 | information needed to assist the monitor in conducting an |
| 66 | accurate and thorough investigation. The Legislature finds that |
| 67 | the harm to the public which would result from the release of |
| 68 | such information substantially outweighs any minimal public |
| 69 | benefit derived from the public disclosure of such personal |
| 70 | information. |
| 71 | Section 4. This act shall take effect on the same date |
| 72 | that House Bill 457 or substantially similar legislation takes |
| 73 | effect, if such legislation is adopted in the same legislative |
| 74 | session or an extension thereof and becomes law. |