Bill Text: FL S0610 | 2013 | Regular Session | Introduced
Bill Title: Public Records/Claim Settlement on Behalf of a Minor or Ward
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-05-03 - Died in Judiciary [S0610 Detail]
Download: Florida-2013-S0610-Introduced.html
Florida Senate - 2013 SB 610 By Senator Joyner 19-00228A-13 2013610__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 744.3701, F.S.; creating an exemption from public 4 records requirements for records relating to the 5 settlement of a claim on behalf of a minor or ward; 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 minor or ward, 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 for future review and repeal 15 of the public records exemption under the Open 16 Government Sunset Review Act; providing a statement of 17 public necessity; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 744.3701, Florida Statutes, is amended 22 to read: 23 744.3701 ConfidentialityInspection of report.— 24 (1) Unless otherwise ordered by the court, upon a showing 25 of good cause, any initial, annual, or final guardianship report 26 or amendment thereto, or any court record relating to the 27 settlement of a claim, is subject to inspection only by the 28 court, the clerk or the clerk’s representative, the guardian and 29 the guardian’s attorney, the guardian ad litem with regard to 30 the settlement of the claim,andthe ward if he or she is at 31 least 14 years of age and has not, unless he or she is a minor32or hasbeen determined to be totally incapacitated,andthe 33 ward’s attorney, the minor if he or she is at least 14 years of 34 age, or the attorney representing the minor with regard to the 35 minor’s claim, or as otherwise provided by this chapter. 36 (2) The court may direct disclosure and recording of parts 37 of an initial, annual, or final report or amendment thereto, or 38 a court record relating to the settlement of a claim, including 39 a petition for approval of a settlement on behalf of a ward or 40 minor, a report of a guardian ad litem relating to a pending 41 settlement, or an order approving a settlement on behalf of a 42 ward or minor, in connection with any real property transaction 43 or for such other purpose as the court allows, in its44discretion. 45 (3) Any court record relating to the settlement of a ward's 46 or minor’s claim, including a petition for approval of a 47 settlement on behalf of a ward or minor, a report of a guardian 48 ad litem relating to a pending settlement, or an order approving 49 a settlement on behalf of a ward or minor, is confidential and 50 exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I 51 of the State Constitution and may not be disclosed except as 52 specifically authorized. 53 (4) This section is subject to the Open Government Sunset 54 Review Act in accordance with s. 119.15 and shall stand repealed 55 on October 2, 2018, unless reviewed and saved from repeal 56 through reenactment by the Legislature. 57 Section 2. The Legislature finds that it is a public 58 necessity to keep confidential and exempt from public disclosure 59 information contained in a settlement record which could be used 60 to identify a minor or ward. The information contained in these 61 records is of a sensitive, personal nature and its disclosure 62 could jeopardize the physical safety and financial security of 63 the minor or ward. In order to protect minors, wards, and others 64 who could be at risk upon disclosure of a settlement, it is 65 necessary to ensure that only those interested persons who are 66 involved in settlement proceedings or the administration of the 67 guardianship have access to reports and records. The Legislature 68 finds that the court retaining discretion to direct disclosure 69 of these records is a fair alternative to public access. 70 Section 3. This act shall take effect upon becoming a law.