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The Committee on Judiciary (Gaetz) recommended the following

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amendment:

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     Senate Amendment

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     Delete line(s) 333-369

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and insert:

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     (4) Notwithstanding subsections (1) and (2), the secretary

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may make public the records of the department which pertain to an

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investigation of alleged abuse, neglect, or exploitation of a

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vulnerable adult which resulted in serious mental, emotional, or

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physical injury to the adult, or any information included in such

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records, if the secretary determines that the release of the

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records is in the public interest.

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     (a) In making a determination of the public interest, the

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secretary shall balance the best interests of the vulnerable

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adult who is the focus of the investigation, together with the

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privacy rights of other persons identified in the reports,

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against the public interest. The public interest in access to

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such records is reflected in s. 119.01(1) and includes the need

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for the public to know and adequately evaluate the actions of the

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department and the court system in providing vulnerable adults

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with the protections enumerated in s. 415.101. However, this

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subsection does not contravene s. 415.107, which protects the

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name of any person reporting the abuse, neglect, or exploitation

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of a vulnerable adult.

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     (b) Before the records are made public, the secretary must

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state in writing and with specificity the basis for the

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determination of public interest.

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     (c) If the secretary determines that release of the records

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is in the public interest, the department shall redact the name

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of, and any other identifying information with respect to, any

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person identified in the report of abuse, neglect, or

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exploitation until the court finds that there is probable cause

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to believe the person identified committed an act of alleged

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abuse, neglect, or exploitation.

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     (d) Before releasing the records, the department shall make

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a good faith effort to notify the vulnerable adult, the

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vulnerable adult's guardian, if any, the vulnerable adult's

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attorney, any person named as an alleged perpetrator in the

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report of abuse, neglect, or exploitation, and any law

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enforcement agency actively involved in investigating the alleged

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abuse, neglect, or exploitation. Such notification must take

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place at least 3 business days before the release of the records,

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by hand or via overnight delivery service, with evidence of

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delivery.

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     (e) After receiving notice, the vulnerable adult, the

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vulnerable adult's guardian, if any, the vulnerable adult's

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attorney, any person named as an alleged perpetrator in the

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report, and any law enforcement agency actively investigating an

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allegation may petition a circuit court for an order preventing

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the department from releasing the records.

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     (f) The circuit court may order the department not to

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release the records only after finding that the best interests of

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the petitioner outweigh the public interest. The public interest

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in access to such records is reflected in s. 119.01(1), and

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includes the need for the public to know and adequately evaluate

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the actions of the department and the court system in providing

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vulnerable adults with the protections enumerated in s. 415.101.

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4/8/2008  8:31:00 AM     JU.4.06888