Bill Text: FL H1435 | 2010 | Regular Session | Comm Sub

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Bill Title: Pub. Rec./Reports of Examining Committee Members

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Criminal & Civil Justice Policy Council [H1435 Detail]

Download: Florida-2010-H1435-Comm_Sub.html

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CS/HB 1435

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
12	Be It Enacted by the Legislature of the State of Florida:
13
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31	shall stand repealed on October 2, 2015, unless reviewed and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.

CODING: Words stricken are deletions; words underlined are additions.