Florida Senate - 2022                                    SB 7010
       
       
        
       By the Committee on Children, Families, and Elder Affairs
       
       
       
       
       
       586-01360-22                                          20227010__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 744.2111, F.S., which
    4         provides an exemption from public records requirements
    5         for certain information held by the Department of
    6         Elderly Affairs in connection with a filed complaint
    7         or subsequently conducted investigation relating to
    8         public and professional guardians; removing the
    9         scheduled repeal of the exemption; providing an
   10         effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 744.2111, Florida Statutes, is amended
   15  to read:
   16         744.2111 Confidentiality.—
   17         (1) The following are confidential and exempt from the
   18  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
   19  Constitution, when held by the Department of Elderly Affairs in
   20  connection with a complaint filed and any subsequent
   21  investigation conducted pursuant to this part, unless the
   22  disclosure is required by court order:
   23         (a) Personal identifying information of a complainant or
   24  ward.
   25         (b) All personal health and financial records of a ward.
   26         (c) All photographs and video recordings.
   27         (2) Except as otherwise provided in this section,
   28  information held by the department, is confidential and exempt
   29  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
   30  until the investigation is completed or ceases to be active,
   31  unless the disclosure is required by court order.
   32         (3) This section does not prohibit the department from
   33  providing such information to any law enforcement agency, any
   34  other regulatory agency in the performance of its official
   35  duties and responsibilities, or the clerk of the circuit court
   36  pursuant to s. 744.368.
   37         (4) The exemption under this section applies to all
   38  documents received by the department in connection with a
   39  complaint before, on, or after July 1, 2017.
   40         (5) This section is subject to the Open Government Sunset
   41  Review Act in accordance with s. 119.15 and shall stand repealed
   42  on October 2, 2022, unless reviewed and saved from repeal
   43  through reenactment by the Legislature.
   44         Section 2. This act shall take effect October 1, 2022.