| 1 | A bill to be entitled |
| 2 | An act relating to public records; amending s. 744.3201, |
| 3 | F.S.; creating an exemption from public records |
| 4 | requirements for petitions to determine incapacity; |
| 5 | providing for future legislative review and repeal of the |
| 6 | exemption; providing a statement of public necessity; |
| 7 | providing a contingent effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Subsection (6) is added to section 744.3201, |
| 12 | Florida Statutes, to read: |
| 13 | 744.3201 Petition to determine incapacity.- |
| 14 | (6) The petition to determine incapacity filed with the |
| 15 | clerk of the court is confidential and exempt from s. 119.07(1) |
| 16 | and s. 24(a), Art. I of the State Constitution. This subsection |
| 17 | is subject to the Open Government Sunset Review Act in |
| 18 | accordance with s. 119.15 and shall stand repealed on October 2, |
| 19 | 2015, unless reviewed and saved from repeal through reenactment |
| 20 | by the Legislature. |
| 21 | Section 2. The Legislature finds that it is a public |
| 22 | necessity to exempt from public records requirements all |
| 23 | petitions to determine incapacity, whether initial, amended, or |
| 24 | supplementary, in order to preserve the privacy of an alleged |
| 25 | incapacitated person by preserving the privacy of information in |
| 26 | the petition that would otherwise be available to the public. |
| 27 | The Legislature finds that the public disclosure of financial or |
| 28 | medical information in the petition to determine incapacity |
| 29 | would produce undue harm to the alleged incapacitated person. |
| 30 | Section 3. This act shall take effect October 1, 2010, if |
| 31 | HB 1431 or similar legislation is adopted in the same |
| 32 | legislative session or an extension thereof and becomes law. |