1 | A bill to be entitled |
2 | An act relating to public records; amending s. 744.331, |
3 | F.S.; creating an exemption from public records |
4 | requirements for reports of examining committee members in |
5 | proceedings to determine incapacity; providing for future |
6 | legislative review and repeal of the exemption; providing |
7 | a statement of public necessity; providing a contingent |
8 | effective date. |
9 |
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10 | Be It Enacted by the Legislature of the State of Florida: |
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12 | Section 1. Paragraph (i) is added to subsection (3) of |
13 | section 744.331, Florida Statutes, to read: |
14 | 744.331 Procedures to determine incapacity.- |
15 | (3) EXAMINING COMMITTEE.- |
16 | (i) The report of each committee member 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. This paragraph |
19 | is subject to the Open Government Sunset Review Act in |
20 | accordance with s. 119.15 and shall stand repealed on October 2, |
21 | 2015, unless reviewed and saved from repeal through reenactment |
22 | by the Legislature. |
23 | Section 2. The Legislature finds that it is a public |
24 | necessity to exempt from public records requirements all reports |
25 | of examining committee members, whether initial, amended, or |
26 | supplementary, in order to preserve the privacy of an alleged |
27 | incapacitated person. The Legislature finds that the public |
28 | disclosure of financial or medical information contained in the |
29 | examining committee reports would produce undue harm to the |
30 | alleged incapacitated person. |
31 | Section 3. This act shall take effect October 1, 2010, if |
32 | HB 1431 or similar legislation is adopted in the same |
33 | legislative session or an extension thereof and becomes law. |