Bill Text: FL S2628 | 2010 | Regular Session | Introduced

Florida Senate Bill 2628 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Judiciary [S2628 Detail]

Download: Florida-2010-S2628-Introduced.html

 
Florida Senate - 2010                                    SB 2628 
 
By Senator Aronberg 
27-02285-10                                           20102628__ 
1                        A bill to be entitled 
2         An act relating to public records; amending s. 
3         744.3201, F.S.; creating an exemption from public 
4         records requirements for petitions to determine 
5         incapacity; providing for future legislative review 
6         and repeal of the exemption; providing a statement of 
7         public necessity; providing a contingent effective 
8         date. 
9 
10  Be It Enacted by the Legislature of the State of Florida: 
11 
12         Section 1. Subsection (6) is added to section 744.3201, 
13  Florida Statutes, to read: 
14         744.3201 Petition to determine incapacity.— 
15         (6) The petition to determine incapacity filed with the 
16  clerk of the court is confidential and exempt from s. 119.07(1) 
17  and s. 24(a), Art. I of the State Constitution. This subsection 
18  is subject to the Open Government Sunset Review Act in 
19  accordance with s. 119.15 and shall stand repealed on October 2, 
20  2015, unless reviewed and saved from repeal through reenactment 
21  by the Legislature. 
22         Section 2. The Legislature finds that it is a public 
23  necessity to exempt from public-records requirements all 
24  petitions to determine incapacity, whether initial, amended, or 
25  supplementary, in order to preserve the privacy of an alleged 
26  incapacitated person by preserving the privacy of information in 
27  the petition that would otherwise be available to the public. 
28  The Legislature finds that the public disclosure of financial or 
29  medical information in the petition to determine incapacity 
30  would produce undue harm to the alleged incapacitated person. 
31         Section 3. This act shall take effect October 1, 2010, if 
32  SB ____ or similar legislation is adopted in the same 
33  legislative session or an extension thereof and becomes law.