Bill Text: FL S0360 | 2015 | Regular Session | Comm Sub

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Bill Title: Public Records/Claim Settlement on Behalf of a Ward or Minor

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2015-04-27 - Laid on Table, companion bill(s) passed, see CS/HB 7 (Ch. 2015-84), CS/CS/CS/HB 5 (Ch. 2015-83) [S0360 Detail]

Download: Florida-2015-S0360-Comm_Sub.html

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       Florida Senate - 2015                       CS for CS for SB 360
       
       
        
       By the Committees on Governmental Oversight and Accountability;
       and Children, Families, and Elder Affairs; and Senator Stargel
       
       
       
       
       585-03640-15                                           2015360c2
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         744.3701, F.S.; providing an exemption from public
    4         records requirements for records relating to the
    5         settlement of a claim on behalf of a ward or minor;
    6         authorizing a guardian ad litem, a ward, a minor, and
    7         a minor’s attorney to inspect guardianship reports and
    8         court records relating to the settlement of a claim on
    9         behalf of a ward or minor upon a showing of good
   10         cause; authorizing the court to direct disclosure and
   11         recording of an amendment to a report or court records
   12         relating to the settlement of a claim on behalf of a
   13         ward or minor, in connection with real property or for
   14         other purposes; providing a statement of public
   15         necessity; providing a contingent effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 744.3701, Florida Statutes, is amended
   20  to read:
   21         744.3701 Confidentiality Inspection of report.—
   22         (1) Unless otherwise ordered by the court, upon a showing
   23  of good cause, an any initial, annual, or final guardianship
   24  report or amendment thereto, or a court record relating to the
   25  settlement of a claim, is subject to inspection only by the
   26  court;, the clerk or the clerk’s representative;, the guardian
   27  and the guardian’s attorney; with respect to the settlement of
   28  the claim, the guardian ad litem;, and the ward, if, unless he
   29  or she is at least 14 years of age and has not a minor or has
   30  been determined to be totally incapacitated, and his or her the
   31  ward’s attorney; and the minor, if he or she is at least 14
   32  years of age, and the attorney representing the minor with
   33  respect to his or her claim, or as otherwise provided by this
   34  chapter.
   35         (2) The court may direct disclosure and recording of parts
   36  of an initial, annual, or final report or amendment thereto, or
   37  a court record relating to the settlement of a claim, including
   38  a petition for approval of a settlement on behalf of a ward or
   39  minor, a report of a guardian ad litem relating to a pending
   40  settlement, or an order approving a settlement on behalf of a
   41  ward or minor, in connection with a any real property
   42  transaction or for such other purpose as the court allows, in
   43  its discretion.
   44         (3) A court record relating to the settlement of a ward’s
   45  or minor’s claim, including a petition for approval of a
   46  settlement on behalf of a ward or minor; a report of a guardian
   47  ad litem relating to a pending settlement; or an order approving
   48  a settlement on behalf of a ward or minor, is confidential and
   49  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
   50  of the State Constitution and may not be disclosed except as
   51  specifically authorized.
   52         Section 2. The Legislature finds that it is a public
   53  necessity that a court record relating to the settlement of a
   54  ward’s or minor’s claim, including a petition for approval of a
   55  settlement on behalf of a ward or minor, a report of a guardian
   56  ad litem relating to a pending settlement, or an order approving
   57  a settlement on behalf of a ward or minor, be made confidential
   58  and exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   59  Art. I of the State Constitution. The information contained in
   60  these records is of a sensitive, personal nature, and its
   61  disclosure could jeopardize the physical safety and financial
   62  security of the minor or ward. In order to protect minors,
   63  wards, and others who could be at risk upon disclosure of a
   64  settlement, it is necessary to ensure that only those interested
   65  persons who are involved in settlement proceedings or the
   66  administration of the guardianship have access to reports and
   67  records. The Legislature finds that the court retaining
   68  discretion to direct disclosure of these records is a fair
   69  alternative to public access.
   70         Section 3. This act shall take effect on the same date that
   71  SB 318 or similar legislation takes effect if such legislation
   72  is adopted in the same legislative session or an extension
   73  thereof and becomes law.