| 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; listing persons to |
| 6 | whom the clerk of the court shall allow access to the |
| 7 | reports of an examining committee member; providing for |
| 8 | future legislative review and repeal of the exemption; |
| 9 | providing a statement of public necessity; providing a |
| 10 | contingent effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Paragraph (i) is added to subsection (3) of |
| 15 | section 744.331, Florida Statutes, to read: |
| 16 | 744.331 Procedures to determine incapacity.- |
| 17 | (3) EXAMINING COMMITTEE.- |
| 18 | (i) The report of each committee member filed with the |
| 19 | clerk of the court is confidential and exempt from s. 119.07(1) |
| 20 | and s. 24(a), Art. I of the State Constitution. A report of a |
| 21 | member of the examining committee made confidential and exempt |
| 22 | by this paragraph shall be disclosed by the clerk of the court, |
| 23 | upon request, to a judge of the circuit, the alleged |
| 24 | incapacitated person, an attorney of record for the alleged |
| 25 | incapacitated person, the public guardian if there is one for |
| 26 | the judicial circuit, the guardian and the attorney for the |
| 27 | guardian if a guardian is appointed, an appellate court as part |
| 28 | of a record on appeal, and to any other person as directed by |
| 29 | order of the court. This paragraph is subject to the Open |
| 30 | Government Sunset Review Act in accordance with s. 119.15 and |
| 31 | shall stand repealed on October 2, 2015, unless reviewed and |
| 32 | saved from repeal through reenactment by the Legislature. |
| 33 | Section 2. The Legislature finds that it is a public |
| 34 | necessity to exempt from public records requirements all reports |
| 35 | of examining committee members, whether initial, amended, or |
| 36 | supplementary, in order to preserve the privacy of an alleged |
| 37 | incapacitated person. The Legislature finds that the public |
| 38 | disclosure of financial or medical information contained in the |
| 39 | examining committee reports would produce undue harm to the |
| 40 | 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. |