Bill Text: FL S2624 | 2010 | Regular Session | Introduced

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Bill Title: Public Records/Proceedings to Determine Incapacity [SPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Judiciary [S2624 Detail]

Download: Florida-2010-S2624-Introduced.html

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Florida Senate - 2010                                    SB 2624 
 
By Senator Aronberg 
27-02286-10                                           20102624__ 
1                        A bill to be entitled 
2         An act relating to public records; amending s. 
3         744.331, F.S.; creating an exemption from public 
4         records requirements for reports of examining 
5         committee members in proceedings to determine 
6         incapacity; providing for future legislative review 
7         and repeal of the exemption; providing a statement of 
8         public necessity; providing a contingent effective 
9         date. 
10 
11  Be It Enacted by the Legislature of the State of Florida: 
12 
13         Section 1. Paragraph (i) is added to subsection (3) of 
14  section 744.331, Florida Statutes, to read: 
15         744.331 Procedures to determine incapacity.— 
16         (3) EXAMINING COMMITTEE.— 
17         (i) The report of each committee member filed with the 
18  clerk of the court is confidential and exempt from s. 119.07(1) 
19  and s. 24(a), Art. I of the State Constitution. This paragraph 
20  is subject to the Open Government Sunset Review Act in 
21  accordance with s. 119.15 and shall stand repealed on October 2, 
22  2015, unless reviewed and saved from repeal through reenactment 
23  by the Legislature. 
24         Section 2. The Legislature finds that it is a public 
25  necessity to exempt from public-records requirements all reports 
26  of examining committee members, whether initial, amended, or 
27  supplementary, in order to preserve the privacy of an alleged 
28  incapacitated person. The Legislature finds that the public 
29  disclosure of financial or medical information contained in the 
30  examining committee reports would produce undue harm to the 
31  alleged incapacitated person. 
32         Section 3. This act shall take effect October 1, 2010, if 
33  SB ____ or similar legislation is adopted in the same 
34  legislative session or an extension thereof and becomes law.