| 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 | listing persons to whom the clerk of the court shall allow |
| 6 | access to the petition; providing for future legislative |
| 7 | review and repeal of the exemption; providing a statement |
| 8 | of public necessity; providing a contingent effective |
| 9 | date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Subsection (6) is added to section 744.3201, |
| 14 | Florida Statutes, to read: |
| 15 | 744.3201 Petition to determine incapacity.- |
| 16 | (6) The petition to determine incapacity filed with the |
| 17 | clerk of the court is confidential and exempt from s. 119.07(1) |
| 18 | and s. 24(a), Art. I of the State Constitution. A petition made |
| 19 | confidential and exempt by this subsection shall be disclosed by |
| 20 | the clerk of the court, upon request, to a judge of the circuit, |
| 21 | the alleged incapacitated person, the next of kin listed in the |
| 22 | petition, an attorney of record for the alleged incapacitated |
| 23 | person, the public guardian if there is one for the judicial |
| 24 | circuit, the guardian and the attorney for the guardian if a |
| 25 | guardian is appointed, the members of the examining committee, |
| 26 | an appellate court as part of a record on appeal, and to any |
| 27 | other person as directed by order of the court. This subsection |
| 28 | is subject to the Open Government Sunset Review Act in |
| 29 | accordance with s. 119.15 and shall stand repealed on October 2, |
| 30 | 2015, unless reviewed and saved from repeal through reenactment |
| 31 | by the Legislature. |
| 32 | Section 2. The Legislature finds that it is a public |
| 33 | necessity to exempt from public records requirements all |
| 34 | petitions to determine incapacity, whether initial, amended, or |
| 35 | supplementary, in order to preserve the privacy of an alleged |
| 36 | incapacitated person by preserving the privacy of information in |
| 37 | the petition that would otherwise be available to the public. |
| 38 | The Legislature finds that the public disclosure of financial or |
| 39 | medical information in the petition to determine incapacity |
| 40 | would produce undue harm to the alleged incapacitated person. |
| 41 | Section 3. This act shall take effect October 1, 2010, if |
| 42 | HB 1431 or similar legislation is adopted in the same |
| 43 | legislative session or an extension thereof and becomes law. |