HB 1435

1
A bill to be entitled
2An act relating to public records; amending s. 744.331,
3F.S.; creating an exemption from public records
4requirements for reports of examining committee members in
5proceedings to determine incapacity; providing for future
6legislative review and repeal of the exemption; providing
7a statement of public necessity; providing a contingent
8effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Paragraph (i) is added to subsection (3) of
13section 744.331, Florida Statutes, to read:
14     744.331  Procedures to determine incapacity.-
15     (3)  EXAMINING COMMITTEE.-
16     (i)  The report of each committee member filed with the
17clerk of the court is confidential and exempt from s. 119.07(1)
18and s. 24(a), Art. I of the State Constitution. This paragraph
19is subject to the Open Government Sunset Review Act in
20accordance with s. 119.15 and shall stand repealed on October 2,
212015, unless reviewed and saved from repeal through reenactment
22by the Legislature.
23     Section 2.  The Legislature finds that it is a public
24necessity to exempt from public records requirements all reports
25of examining committee members, whether initial, amended, or
26supplementary, in order to preserve the privacy of an alleged
27incapacitated person. The Legislature finds that the public
28disclosure of financial or medical information contained in the
29examining committee reports would produce undue harm to the
30alleged incapacitated person.
31     Section 3.  This act shall take effect October 1, 2010, if
32HB 1431 or similar legislation is adopted in the same
33legislative session or an extension thereof and becomes law.


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