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       Florida Senate - 2010                                     SB 656
       By Senator Fasano
       11-00636-10                                            2010656__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         400.0077, F.S., relating to the State Long-Term Care
    4         Ombudsman program; providing an exemption from public
    5         records requirements for the home addresses, telephone
    6         numbers, places of employment, and photographs of
    7         ombudsmen, employees, and their families; providing
    8         for future repeal and legislative review of the
    9         exemption under the Open Government Sunset Review Act;
   10         providing a statement of public necessity; providing
   11         an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Section 400.0077, Florida Statutes, is amended
   16  to read:
   17         400.0077 Confidentiality.—
   18         (1) The following are confidential and exempt from the
   19  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
   20  Constitution:
   21         (a) Resident records held by the ombudsman or by the state
   22  or a local ombudsman council.
   23         (b) The names or identities of the complainants or
   24  residents involved in a complaint, including any problem
   25  identified by an ombudsman council as a result of an
   26  investigation, unless:
   27         1. The complainant or resident, or the legal representative
   28  of the complainant or resident, consents to the disclosure in
   29  writing;
   30         2. The complainant or resident consents orally and the
   31  consent is documented contemporaneously in writing by the
   32  ombudsman council requesting such consent; or
   33         3. The disclosure is required by court order.
   34         (c) Any other information about a complaint, including any
   35  problem identified by an ombudsman council as a result of an
   36  investigation, unless the an ombudsman council determines that
   37  the information does not meet any of the criteria specified in
   38  s. 119.15(6)(b) s. 119.14(4)(b); or unless the information is to
   39  collect data for submission to those entities specified in s.
   40  712(c) of the federal Older Americans Act for the purpose of
   41  identifying and resolving significant problems.
   42         (d) The home addresses, telephone numbers, places of
   43  employment, and photographs of certified ombudsmen and employees
   44  of the state and local councils; the home addresses, telephone
   45  numbers, and places of employment of their spouses and children;
   46  and the names and locations of schools and day care facilities
   47  attended by their children. This exemption does not apply to a
   48  state or federal agency that is lawfully authorized to have
   49  access to such information in furtherance of its statutory
   50  duties. This paragraph is subject to the Open Government Sunset
   51  Review Act in accordance with s. 119.15, and shall stand
   52  repealed on October 2, 2015, unless reviewed and saved from
   53  repeal through reenactment by the Legislature.
   54         (2) That portion of an ombudsman council meeting in which
   55  an ombudsman council discusses information that is confidential
   56  and exempt from the provisions of s. 119.07(1) is closed to the
   57  public and exempt from the provisions of s. 286.011.
   58         (3) All other matters before the council are shall be open
   59  to the public and subject to chapter 119 and s. 286.011.
   60         (4) Members of the any state or local ombudsman council are
   61  shall not be required to testify in any court with respect to
   62  matters held to be confidential under s. 429.14 except as may be
   63  necessary to enforce the provisions of this part act.
   64         (5) Subject to the provisions of this section, the Office
   65  of State Long-Term Care Ombudsman shall adopt rules for the
   66  disclosure by the ombudsman or local ombudsman councils of files
   67  maintained by the program.
   68         (6) This section does not limit the subpoena power of the
   69  Attorney General pursuant to s. 409.920(10)(b).
   70         Section 2. The Legislature finds that it is a public
   71  necessity that the home addresses, telephone numbers, places of
   72  employment, and photographs of certified ombudsmen and employees
   73  of the State Long-Term Care Ombudsman program; the home
   74  addresses, telephone numbers, and places of employment of their
   75  spouses and children; and the names and locations of schools and
   76  day care facilities attended by their children be made exempt
   77  from public-records requirements. Release of such identifying
   78  and location information might place such persons and their
   79  family members in danger of physical and emotional harm from
   80  disgruntled owners and employees of long-term care facilities
   81  subject to inspection by the program. Therefore, the harm that
   82  might result from the release of such information outweighs any
   83  public benefit that could be derived from its disclosure.
   84         Section 3. This act shall take effect July 1, 2010.

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