HB 0947CS

CHAMBER ACTION




1The Governmental Operations Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to public records exemptions; creating s.
7744.1076, F.S.; creating exemptions from public records
8requirements for certain court records relating to
9appointment of certain court monitors, reports of such
10monitors, and determinations and orders of a court
11relating to findings of no probable cause; providing for
12future legislative review and repeal; providing findings
13of public necessity; providing a contingent effective
14date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Section 744.1076, Florida Statutes, is created
19to read:
20     744.1076  Court orders appointing court monitors and
21emergency court monitors; reports of court monitors; findings of
22no probable cause; public records exemptions.--
23     (1)(a)  The order of any court appointing a court monitor
24pursuant to s. 744.107 is confidential and exempt from s.
25119.07(1) and s. 24(a), Art. I of the State Constitution.
26     (b)  The reports of an appointed court monitor relating to
27the medical condition, financial affairs, or mental health of
28the ward that are required pursuant to s. 744.107 are
29confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
30of the State Constitution. Such reports may be subject to
31inspection as determined by the court or upon a showing of good
32cause.
33     (c)  The public records exemptions provided in this
34subsection expire if a court makes a finding of probable cause,
35except that information otherwise made confidential or exempt
36shall retain its confidential or exempt status.
37     (2)(a)  The order of any court appointing a court monitor
38on an emergency basis pursuant to s. 744.1075 is exempt from s.
39119.07(1) and s. 24(a), Art. I of the State Constitution.
40     (b)  The reports of a court monitor appointed on an
41emergency basis relating to the medical condition, financial
42affairs, or mental health of the ward that are required pursuant
43to s. 744.1075 are confidential and exempt from s. 119.07(1) and
44s. 24(a), Art. I of the State Constitution. Such reports may be
45subject to inspection as determined by the court or upon a
46showing of good cause.
47     (c)  The public records exemptions provided in this
48subsection expire if a court makes a finding of probable cause,
49except that information otherwise made confidential or exempt
50shall retain its confidential or exempt status.
51     (3)  Court determinations relating to a finding of no
52probable cause and court orders finding no probable cause
53pursuant to s. 744.107 or s. 744.1075 are confidential and
54exempt from s. 119.07(1) and s. 24(a), Art. I of the State
55Constitution; however, such determinations and findings may be
56subject to inspection as determined by the court or upon a
57showing of good cause.
58     (4)  This section is subject to the Open Government Sunset
59Review Act of 1995 in accordance with s. 119.15 and shall stand
60repealed on October 2, 2010, unless reviewed and saved from
61repeal through reenactment by the Legislature.
62     Section 2.  (1)  The Legislature finds that it is a public
63necessity that the order of any court appointing a court monitor
64pursuant to s. 744.107, Florida Statutes, or appointing a court
65monitor on an emergency basis pursuant to s. 744.1075, Florida
66Statutes, be made exempt from public records requirements. The
67Legislature finds that the release of the exempt order would
68produce undue harm to the ward. In many instances, a court
69monitor is appointed to investigate allegations that may rise to
70the level of physical neglect or abuse or financial
71exploitation. When such allegations are involved, if the order
72of appointment is public, the target of the investigation may be
73made aware of the investigation before the investigation is even
74underway, raising the risk of concealment of evidence,
75intimidation of witnesses, or retaliation against the reporter.
76The Legislature finds that public disclosure of the exempt order
77would hinder the ability of the monitor to conduct an accurate
78investigation if evidence has been concealed and witnesses have
79been intimidated.
80     (2)  The Legislature finds that it is a public necessity
81that the reports of a court monitor or a court monitor appointed
82on an emergency basis, relating to the medical condition,
83financial affairs, or mental health of the ward, be made
84confidential and exempt from public records requirements. The
85Legislature finds that the release of the confidential and
86exempt reports would produce undue harm to the ward. Release of
87the confidential and exempt reports could hinder the ability of
88the monitor to conduct an investigation and interview parties
89because many parties involved in such an investigation would be
90reluctant to speak to a court monitor knowing that the
91information provided would be public. Protecting reports
92relating to the medical condition, financial affairs, or mental
93health of a ward would provide an environment in which to
94discuss information in a free and open way and would allow the
95court monitor to develop the information needed for reporting
96purposes. Furthermore, information contained in the reports
97relating to the medical condition, financial affairs, or mental
98health of a ward contains sensitive, personal information that,
99if released, could cause harm or embarrassment to the ward or
100his or her family.
101     (3)  The Legislature finds that it is a public necessity
102that court determinations relating to a finding of no probable
103cause and court orders finding no probable cause be made
104confidential and exempt from public records requirements.
105Unfounded allegations against a guardian are sometimes made by
106individuals for unscrupulous reasons. Release of unfounded
107allegations could be damaging to the reputation of a guardian
108and could cause undue embarrassment as well as invade the
109guardian's privacy. If such information were released, it could
110have a negative impact on the guardian and the ward of that
111guardian. The guardian program relies heavily on volunteers and,
112as such, volunteers could be reticent to serve as the guardian
113of a ward. The release of such information could cause undue
114harm to a guardian who is the subject of an allegation where no
115probable cause has been found.
116     (4)  The public's ability to scrutinize and monitor the
117actions of the court is not diminished by nondisclosure of the
118exempt court order and the confidential and exempt reports
119because the exemptions expire if the court has made a finding of
120probable cause. In addition, such information could also be made
121public upon a showing of good cause.
122     Section 3.  This act shall take effect on the same date
123that House Bill 457 or substantially similar legislation takes
124effect, if such legislation is adopted in the same legislative
125session or an extension thereof and becomes law.


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