Senate Bill sb0358

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                   SB 358

    By Senator Campbell





    32-524-06                                           See HB 193

  1                      A bill to be entitled

  2         An act relating to public-records exemptions;

  3         creating s. 744.1076, F.S.; creating exemptions

  4         from public-records requirements for certain

  5         court records relating to appointment of

  6         certain court monitors, reports of such

  7         monitors, and determinations and orders of a

  8         court relating to findings of no probable

  9         cause; providing for future legislative review

10         and repeal; providing findings of public

11         necessity; providing a contingent effective

12         date.

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

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16         Section 1.  Section 744.1076, Florida Statutes, is

17  created to read:

18         744.1076  Court orders appointing court monitors and

19  emergency court monitors; reports of court monitors; findings

20  of no probable cause; public-records exemptions.--

21         (1)(a)  The order of any court appointing a court

22  monitor pursuant to s. 744.107 is confidential and exempt from

23  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

24         (b)  The reports of an appointed court monitor relating

25  to the medical condition, financial affairs, or mental health

26  of the ward which are required pursuant to s. 744.107 are

27  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

28  of the State Constitution. Such reports may be subject to

29  inspection as determined by the court or upon a showing of

30  good cause.

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    Florida Senate - 2006                                   SB 358
    32-524-06                                           See HB 193




 1         (c)  The public-records exemptions provided in this

 2  subsection expire if a court makes a finding of probable

 3  cause, except that information otherwise made confidential or

 4  exempt shall retain its confidential or exempt status.

 5         (2)(a)  The order of any court appointing a court

 6  monitor on an emergency basis pursuant to s. 744.1075 is

 7  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

 8  Constitution.

 9         (b)  The reports of a court monitor appointed on an

10  emergency basis relating to the medical condition, financial

11  affairs, or mental health of the ward which are required

12  pursuant to s. 744.1075 are confidential and exempt from s.

13  119.07(1) and s. 24(a), Art. I of the State Constitution. Such

14  reports may be subject to inspection as determined by the

15  court or upon a showing of good cause.

16         (c)  The public-records exemptions provided in this

17  subsection expire if a court makes a finding of probable

18  cause, except that information otherwise made confidential or

19  exempt shall retain its confidential or exempt status.

20         (3)  Court determinations relating to a finding of no

21  probable cause and court orders finding no probable cause

22  pursuant to s. 744.107 or s. 744.1075 are confidential and

23  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

24  Constitution; however, such determinations and findings may be

25  subject to inspection as determined by the court or upon a

26  showing of good cause.

27         (4)  This section is subject to the Open Government

28  Sunset Review Act in accordance with s. 119.15 and shall stand

29  repealed on October 2, 2011, unless reviewed and saved from

30  repeal through reenactment by the Legislature.

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    Florida Senate - 2006                                   SB 358
    32-524-06                                           See HB 193




 1         Section 2.  (1)  The Legislature finds that it is a

 2  public necessity that the order of any court appointing a

 3  court monitor pursuant to s. 744.107, Florida Statutes, or

 4  appointing a court monitor on an emergency basis pursuant to

 5  s. 744.1075, Florida Statutes, be made exempt from

 6  public-records requirements. The Legislature finds that the

 7  release of the exempt order would produce undue harm to the

 8  ward. In many instances, a court monitor is appointed to

 9  investigate allegations that may rise to the level of physical

10  neglect or abuse or financial exploitation. When such

11  allegations are involved, if the order of appointment is

12  public, the target of the investigation may be made aware of

13  the investigation before the investigation is even underway,

14  raising the risk of concealment of evidence, intimidation of

15  witnesses, or retaliation against the reporter. The

16  Legislature finds that public disclosure of the exempt order

17  would hinder the ability of the monitor to conduct an accurate

18  investigation if evidence has been concealed and witnesses

19  have been intimidated.

20         (2)  The Legislature finds that it is a public

21  necessity that the reports of a court monitor or a court

22  monitor appointed on an emergency basis, relating to the

23  medical condition, financial affairs, or mental health of the

24  ward, be made confidential and exempt from public-records

25  requirements. The Legislature finds that the release of the

26  confidential and exempt reports would produce undue harm to

27  the ward. Release of the confidential and exempt reports could

28  hinder the ability of the monitor to conduct an investigation

29  and interview parties because many parties involved in such an

30  investigation would be reluctant to speak to a court monitor

31  knowing that the information provided would be public.

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    Florida Senate - 2006                                   SB 358
    32-524-06                                           See HB 193




 1  Protecting reports relating to the medical condition,

 2  financial affairs, or mental health of a ward would provide an

 3  environment in which to discuss information in a free and open

 4  way and would allow the court monitor to develop the

 5  information needed for reporting purposes. Furthermore,

 6  information contained in the reports relating to the medical

 7  condition, financial affairs, or mental health of a ward

 8  contains sensitive, personal information that, if released,

 9  could cause harm or embarrassment to the ward or his or her

10  family.

11         (3)  The Legislature finds that it is a public

12  necessity that court determinations relating to a finding of

13  no probable cause and court orders finding no probable cause

14  be made confidential and exempt from public-records

15  requirements. Unfounded allegations against a guardian are

16  sometimes made by individuals for unscrupulous reasons.

17  Release of unfounded allegations could be damaging to the

18  reputation of a guardian and could cause undue embarrassment

19  as well as invade the guardian's privacy. If such information

20  were released, it could have a negative impact on the guardian

21  and the ward of that guardian. The guardian program relies

22  heavily on volunteers and, as such, volunteers could be

23  reticent to serve as the guardian of a ward. The release of

24  such information could cause undue harm to a guardian who is

25  the subject of an allegation for which no probable cause has

26  been found.

27         (4)  The public's ability to scrutinize and monitor the

28  actions of the court is not diminished by nondisclosure of the

29  exempt court order and the confidential and exempt reports

30  because the exemptions expire if the court has made a finding

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    Florida Senate - 2006                                   SB 358
    32-524-06                                           See HB 193




 1  of probable cause. In addition, such information could also be

 2  made public upon a showing of good cause.

 3         Section 3.  This act shall take effect on the same date

 4  that House Bill 191 or substantially similar legislation takes

 5  effect, if such legislation is adopted in the same legislative

 6  session or an extension thereof and becomes law.

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