Florida Senate - 2017 SB 1408 By Senator Broxson 1-00979A-17 20171408__ 1 A bill to be entitled 2 An act relating to public records; creating s. 3 744.20042, F.S.; creating an exemption from public 4 records requirements for certain personal identifying 5 information, personal health and financial records, 6 and photographs and video recordings held by the 7 Department of Elderly Affairs in connection with a 8 complaint filed or an investigation conducted pursuant 9 to part II of ch. 744, F.S.; specifying that 10 information retains its confidential and exempt status 11 for the duration of an investigation; authorizing 12 disclosure to specified entities and officers; 13 providing for future legislative review and repeal; 14 providing a statement of public necessity; providing 15 an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 744.20042, Florida Statutes, is created 20 to read: 21 744.20042 Confidentiality.— 22 (1) The following are confidential and exempt from s. 23 119.07(1) and s. 24(a), Art. I of the State Constitution when 24 held by the Department of Elderly Affairs in connection with a 25 complaint filed and any subsequent investigation conducted 26 pursuant to this part, unless the disclosure is required by 27 court order: 28 (a) The names or identities of the complainants and the 29 ward involved in a complaint or subsequent investigation. 30 (b) All personal health and financial records of the ward 31 related to a complaint or obtained during the course of an 32 investigation. 33 (c) All photographs and video recordings related to a 34 complaint or obtained during the course of an investigation. 35 (2) Except as otherwise provided in this section, 36 information held by the department pursuant to an investigation 37 under this part is confidential and exempt from s. 119.07(1) and 38 s. 24(a), Art. I of the State Constitution until the 39 investigation is completed or ceases to be active, unless 40 disclosure is required by court order. 41 (3) This section does not prohibit the department from 42 providing such information to any law enforcement agency, any 43 other regulatory agency in the performance of its official 44 duties and responsibilities, or the clerk of the circuit court 45 pursuant to s. 744.368. 46 (4) This section is subject to the Open Government Sunset 47 Review Act in accordance with s. 119.15 and shall stand repealed 48 on October 2, 2022, unless reviewed and saved from repeal 49 through reenactment by the Legislature. 50 Section 2. The Legislature finds that it is a public 51 necessity that information held by the Department of Elderly 52 Affairs pursuant to an investigation conducted under part II of 53 chapter 744, Florida Statutes, be made confidential and exempt 54 from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of 55 the State Constitution for the following reasons: 56 (1) If the complainants are identifiable, the disclosure of 57 their identity to the public could cause unwarranted damage to 58 their good name or reputation, especially if the information 59 associated with them is inaccurate. Furthermore, if the 60 complainants are identifiable, public access to such information 61 could jeopardize the safety of such individuals by placing them 62 at risk for retaliation. 63 (2) An investigation of a complaint conducted by the 64 Department of Elderly Affairs may lead to the filing of an 65 administrative, civil, or criminal proceeding or to the denial 66 or conditional granting of a registration. The release could 67 frustrate or thwart the investigation and impair the ability of 68 the department to effectively and efficiently administer part II 69 of chapter 744, Florida Statutes. Information held by the 70 Department of Elderly Affairs that is provided to a law 71 enforcement agency, any other regulatory agency in the 72 performance of its official duties and responsibilities, or the 73 clerk of the circuit court pursuant to s. 744.368, Florida 74 Statutes, should remain confidential and exempt from public 75 records requirements. The release of this information could 76 jeopardize the integrity of the investigation and impair the 77 ability of other entities to carry out their statutory duties. 78 Section 3. This act shall take effect July 1, 2017.