Florida Senate - 2023                   (PROPOSED BILL) SPB 7000
       
       
        
       FOR CONSIDERATION By the Committee on Children, Families, and
       Elder Affairs
       
       
       
       
       586-00874A-23                                         20237000pb
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 744.21031, F.S., which
    4         provides an exemption from public records requirements
    5         for certain identifying and location information of
    6         current or former public guardians, employees with
    7         fiduciary responsibility, and the spouses and children
    8         thereof; defining terms; narrowing the scope of the
    9         public records exemption for current public guardians
   10         and employees with fiduciary responsibility and former
   11         public guardians and employees with fiduciary
   12         responsibility, respectively; removing the scheduled
   13         repeal date of the exemption; providing an effective
   14         date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 744.21031, Florida Statutes, is amended
   19  to read:
   20         744.21031 Public records exemption.—
   21         (1) For purposes of this section, the term:
   22         (a) “Agency” has the same meaning as provided in s.
   23  119.011.
   24         (b) “Employee with fiduciary responsibility” means an
   25  employee of a public guardian who has the ability to direct any
   26  transactions of a ward’s funds, assets, or property; who, under
   27  the supervision of a guardian, manages the care of a ward; or
   28  who makes any health care decision as defined in s. 765.101 on
   29  behalf of a ward.
   30         (c) “Telephone numbers” has the same meaning as provided in
   31  s. 119.071(4)(d)1.b.
   32         (2) The home addresses, telephone numbers, and dates of
   33  birth, places of employment, and photographs of current or
   34  former public guardians and employees with fiduciary
   35  responsibility; photographs of former public guardians and
   36  employees with fiduciary responsibility; the names, home
   37  addresses, telephone numbers, and dates of birth, and places of
   38  employment of the spouses and children of current or former
   39  public guardians and employees with fiduciary responsibility who
   40  are not themselves current or former public guardians or
   41  employees with fiduciary responsibility such persons; and the
   42  names and locations of schools and day care facilities attended
   43  by the children of such persons are exempt from s. 119.07(1) and
   44  s. 24(a), Art. I of the State Constitution. As used in this
   45  section, the term “employee with fiduciary responsibility” means
   46  an employee of a public guardian who has the ability to direct
   47  any transactions of a ward’s funds, assets, or property; who
   48  under the supervision of the guardian, manages the care of the
   49  ward; or who makes any health care decision, as defined in s.
   50  765.101, on behalf of the ward. This exemption applies to
   51  information held by an agency before, on, or after July 1, 2018.
   52  An agency that is the custodian of the information specified in
   53  this section shall maintain the exempt status of that
   54  information only if the current or former public guardians and
   55  employees with fiduciary responsibility submit to the custodial
   56  agency a written request for maintenance of the exemption. This
   57  section is subject to the Open Government Sunset Review Act in
   58  accordance with s. 119.15 and shall stand repealed on October 2,
   59  2023, unless reviewed and saved from repeal through reenactment
   60  by the Legislature.
   61         Section 2. This act shall take effect October 1, 2023.