HB 1433

1
A bill to be entitled
2An act relating to public records; amending s. 744.3201,
3F.S.; creating an exemption from public records
4requirements for petitions to determine incapacity;
5providing for future legislative review and repeal of the
6exemption; providing a statement of public necessity;
7providing a contingent effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Subsection (6) is added to section 744.3201,
12Florida Statutes, to read:
13     744.3201  Petition to determine incapacity.-
14     (6)  The petition to determine incapacity filed with the
15clerk of the court is confidential and exempt from s. 119.07(1)
16and s. 24(a), Art. I of the State Constitution. This subsection
17is subject to the Open Government Sunset Review Act in
18accordance with s. 119.15 and shall stand repealed on October 2,
192015, unless reviewed and saved from repeal through reenactment
20by the Legislature.
21     Section 2.  The Legislature finds that it is a public
22necessity to exempt from public records requirements all
23petitions to determine incapacity, whether initial, amended, or
24supplementary, in order to preserve the privacy of an alleged
25incapacitated person by preserving the privacy of information in
26the petition that would otherwise be available to the public.
27The Legislature finds that the public disclosure of financial or
28medical information in the petition to determine incapacity
29would produce undue harm to the alleged incapacitated person.
30     Section 3.  This act shall take effect October 1, 2010, if
31HB 1431 or similar legislation is adopted in the same
32legislative session or an extension thereof and becomes law.


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