HB 7085

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act; amending s. 744.1076, F.S., relating to
4	public record exemptions for court records relating to
5	court monitors in guardianship proceedings; consolidating
6	provisions; providing that orders appointing nonemergency
7	court monitors are exempt rather than confidential and
8	exempt; providing that only court orders finding no
9	probable cause are confidential and exempt; removing the
10	scheduled repeal of the exemption; providing an effective
11	date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Section 744.1076, Florida Statutes, is amended
16	to read:
17	744.1076  Court orders appointing court monitors and
18	emergency court monitors; reports of court monitors; orders
19	finding findings of no probable cause; public records
20	exemptions.-
21	(1)(a)  The order of any court appointing a court monitor
22	pursuant to s. 744.107 or an emergency court monitor pursuant to
23	s. 744.1075 is confidential and exempt from s. 119.07(1) and s.
24	24(a), Art. I of the State Constitution.
25	(b)  The reports of an appointed court monitor or emergency
26	court monitor relating to the medical condition, financial
27	affairs, or mental health of the ward that are required pursuant
28	to s. 744.107 are confidential and exempt from s. 119.07(1) and
29	s. 24(a), Art. I of the State Constitution. Such reports may be
30	subject to inspection as determined by the court or upon a
31	showing of good cause.
32	(c)  The public records exemptions provided in this
33	subsection expire if a court makes a finding of probable cause,
34	except that information otherwise made confidential or exempt
35	shall retain its confidential or exempt status.
36	(2)(a)  The order of any court appointing a court monitor
37	on an emergency basis pursuant to s. 744.1075 is exempt from s.
38	119.07(1) and s. 24(a), Art. I of the State Constitution.
39	(b)  The reports of a court monitor appointed on an
40	emergency basis relating to the medical condition, financial
41	affairs, or mental health of the ward that are required pursuant
42	to s. 744.1075 are confidential and exempt from s. 119.07(1) and
43	s. 24(a), Art. I of the State Constitution. Such reports may be
44	subject to inspection as determined by the court or upon a
45	showing of good cause.
46	(c)  The public records exemptions provided in this
47	subsection expire if a court makes a finding of probable cause,
48	except that information otherwise made confidential or exempt
49	shall retain its confidential or exempt status.
50	(2)(3)  Court determinations relating to a finding of no
51	probable cause and Court orders finding no probable cause
52	pursuant to s. 744.107 or s. 744.1075 are confidential and
53	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
54	Constitution; however, such orders determinations and findings
55	may be subject to inspection as determined by the court or upon
56	a showing of good cause.
57	(4)  This section is subject to the Open Government Sunset
58	Review Act in accordance with s. 119.15 and shall stand repealed
59	on October 2, 2011, unless reviewed and saved from repeal
60	through reenactment by the Legislature.
61	Section 2.  This act shall take effect October 1, 2011.

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