1 | The Governmental Operations Committee recommends the following: |
2 |
|
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.; creating exemptions from public records |
8 | requirements for certain court records relating to |
9 | appointment of certain court monitors, reports of such |
10 | monitors, and determinations and orders of a court |
11 | relating to findings of no probable cause; providing for |
12 | future legislative review and repeal; providing findings |
13 | of public necessity; providing a contingent effective |
14 | date. |
15 |
|
16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
|
18 | Section 1. Section 744.1076, Florida Statutes, is created |
19 | to read: |
20 | 744.1076 Court orders appointing court monitors and |
21 | emergency court monitors; reports of court monitors; findings of |
22 | no probable cause; public records exemptions.-- |
23 | (1)(a) The order of any court appointing a court monitor |
24 | pursuant to s. 744.107 is confidential and exempt from s. |
25 | 119.07(1) and s. 24(a), Art. I of the State Constitution. |
26 | (b) The reports of an appointed court monitor relating to |
27 | the medical condition, financial affairs, or mental health of |
28 | the ward that are required pursuant to s. 744.107 are |
29 | confidential and exempt from s. 119.07(1) and s. 24(a), Art. I |
30 | of the State Constitution. Such reports may be subject to |
31 | inspection as determined by the court or upon a showing of good |
32 | cause. |
33 | (c) The public records exemptions provided in this |
34 | subsection expire if a court makes a finding of probable cause, |
35 | except that information otherwise made confidential or exempt |
36 | shall retain its confidential or exempt status. |
37 | (2)(a) The order of any court appointing a court monitor |
38 | on an emergency basis pursuant to s. 744.1075 is exempt from s. |
39 | 119.07(1) and s. 24(a), Art. I of the State Constitution. |
40 | (b) The reports of a court monitor appointed on an |
41 | emergency basis relating to the medical condition, financial |
42 | affairs, or mental health of the ward that are required pursuant |
43 | to s. 744.1075 are confidential and exempt from s. 119.07(1) and |
44 | s. 24(a), Art. I of the State Constitution. Such reports may be |
45 | subject to inspection as determined by the court or upon a |
46 | showing of good cause. |
47 | (c) The public records exemptions provided in this |
48 | subsection expire if a court makes a finding of probable cause, |
49 | except that information otherwise made confidential or exempt |
50 | shall retain its confidential or exempt status. |
51 | (3) Court determinations relating to a finding of no |
52 | probable cause and court orders finding no probable cause |
53 | pursuant to s. 744.107 or s. 744.1075 are confidential and |
54 | exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
55 | Constitution; however, such determinations and findings may be |
56 | subject to inspection as determined by the court or upon a |
57 | showing of good cause. |
58 | (4) This section is subject to the Open Government Sunset |
59 | Review Act of 1995 in accordance with s. 119.15 and shall stand |
60 | repealed on October 2, 2010, unless reviewed and saved from |
61 | repeal through reenactment by the Legislature. |
62 | Section 2. (1) The Legislature finds that it is a public |
63 | necessity that the order of any court appointing a court monitor |
64 | pursuant to s. 744.107, Florida Statutes, or appointing a court |
65 | monitor on an emergency basis pursuant to s. 744.1075, Florida |
66 | Statutes, be made exempt from public records requirements. The |
67 | Legislature finds that the release of the exempt order would |
68 | produce undue harm to the ward. In many instances, a court |
69 | monitor is appointed to investigate allegations that may rise to |
70 | the level of physical neglect or abuse or financial |
71 | exploitation. When such allegations are involved, if the order |
72 | of appointment is public, the target of the investigation may be |
73 | made aware of the investigation before the investigation is even |
74 | underway, raising the risk of concealment of evidence, |
75 | intimidation of witnesses, or retaliation against the reporter. |
76 | The Legislature finds that public disclosure of the exempt order |
77 | would hinder the ability of the monitor to conduct an accurate |
78 | investigation if evidence has been concealed and witnesses have |
79 | been intimidated. |
80 | (2) The Legislature finds that it is a public necessity |
81 | that the reports of a court monitor or a court monitor appointed |
82 | on an emergency basis, relating to the medical condition, |
83 | financial affairs, or mental health of the ward, be made |
84 | confidential and exempt from public records requirements. The |
85 | Legislature finds that the release of the confidential and |
86 | exempt reports would produce undue harm to the ward. Release of |
87 | the confidential and exempt reports could hinder the ability of |
88 | the monitor to conduct an investigation and interview parties |
89 | because many parties involved in such an investigation would be |
90 | reluctant to speak to a court monitor knowing that the |
91 | information provided would be public. Protecting reports |
92 | relating to the medical condition, financial affairs, or mental |
93 | health of a ward would provide an environment in which to |
94 | discuss information in a free and open way and would allow the |
95 | court monitor to develop the information needed for reporting |
96 | purposes. Furthermore, information contained in the reports |
97 | relating to the medical condition, financial affairs, or mental |
98 | health of a ward contains sensitive, personal information that, |
99 | if released, could cause harm or embarrassment to the ward or |
100 | his or her family. |
101 | (3) The Legislature finds that it is a public necessity |
102 | that court determinations relating to a finding of no probable |
103 | cause and court orders finding no probable cause be made |
104 | confidential and exempt from public records requirements. |
105 | Unfounded allegations against a guardian are sometimes made by |
106 | individuals for unscrupulous reasons. Release of unfounded |
107 | allegations could be damaging to the reputation of a guardian |
108 | and could cause undue embarrassment as well as invade the |
109 | guardian's privacy. If such information were released, it could |
110 | have a negative impact on the guardian and the ward of that |
111 | guardian. The guardian program relies heavily on volunteers and, |
112 | as such, volunteers could be reticent to serve as the guardian |
113 | of a ward. The release of such information could cause undue |
114 | harm to a guardian who is the subject of an allegation where no |
115 | probable cause has been found. |
116 | (4) The public's ability to scrutinize and monitor the |
117 | actions of the court is not diminished by nondisclosure of the |
118 | exempt court order and the confidential and exempt reports |
119 | because the exemptions expire if the court has made a finding of |
120 | probable cause. In addition, such information could also be made |
121 | public upon a showing of good cause. |
122 | Section 3. This act shall take effect on the same date |
123 | that House Bill 457 or substantially similar legislation takes |
124 | effect, if such legislation is adopted in the same legislative |
125 | session or an extension thereof and becomes law. |