Bill Text: FL S7010 | 2022 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: OGSR/Public and Professional Guardians

Spectrum: Committee Bill

Status: (Passed) 2022-04-08 - Chapter No. 2022-45 [S7010 Detail]

Download: Florida-2022-S7010-Engrossed.html

---

       SB 7010                                          First Engrossed
       
       
       
       
       
       
       
       
       20227010e1
       
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 744.2111, F.S., which
    4         provides an exemption from public records requirements
    5         for certain information held by the Department of
    6         Elderly Affairs in connection with a filed complaint
    7         and subsequent conducted investigation relating to
    8         public and professional guardians; specifying when an
    9         investigation is considered active; narrowing the
   10         public record exemption for certain photographs and
   11         video recordings; revising construction; removing the
   12         scheduled repeal of the exemption; providing an
   13         effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 744.2111, Florida Statutes, is amended
   18  to read:
   19         744.2111 Confidentiality.—
   20         (1) A complaint and any information held by the Department
   21  of Elderly Affairs as part of the investigative process is
   22  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   23  of the State Constitution until the investigation is completed
   24  or ceases to be active. An investigation is considered active as
   25  long as the department is continuing with a reasonable, good
   26  faith belief that the investigation may lead to a finding that a
   27  guardian has violated the standards of practice established by
   28  the Office of Public and Professional Guardians.
   29         (2) Once an investigation is completed or ceases to be
   30  active, the following information held by the department shall
   31  remain are confidential and exempt from the provisions of s.
   32  119.07(1) and s. 24(a), Art. I of the State Constitution, when
   33  held by the Department of Elderly Affairs in connection with a
   34  complaint filed and any subsequent investigation conducted
   35  pursuant to this part, unless the disclosure is required by
   36  court order:
   37         (a) Personal identifying information of a complainant or
   38  ward.
   39         (b) All personal health and financial records of a ward.
   40         (c) All photographs and video recordings of a complainant
   41  or ward.
   42         (2) Except as otherwise provided in this section,
   43  information held by the department, is confidential and exempt
   44  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
   45  until the investigation is completed or ceases to be active,
   46  unless the disclosure is required by court order.
   47         (3) This section does not prohibit the department from
   48  providing such information:
   49         (a) To any law enforcement agency;,
   50         (b) Any other regulatory agency in the performance of its
   51  official duties and responsibilities;, or
   52         (c) The clerk of the circuit court under pursuant to s.
   53  744.368; or
   54         (d) Pursuant to a court order.
   55         (4) The exemption under this section applies to all
   56  documents received by the department in connection with a
   57  complaint before, on, or after July 1, 2017.
   58         (5) This section is subject to the Open Government Sunset
   59  Review Act in accordance with s. 119.15 and shall stand repealed
   60  on October 2, 2022, unless reviewed and saved from repeal
   61  through reenactment by the Legislature.
   62         Section 2. This act shall take effect on October 1, 2022.