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.