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       Florida Senate - 2010                                    SB 2624
       
       
       
       By Senator Aronberg
       
       
       
       
       27-02286-10                                           20102624__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         744.331, F.S.; creating an exemption from public
    4         records requirements for reports of examining
    5         committee members in proceedings to determine
    6         incapacity; providing for future legislative review
    7         and repeal of the exemption; providing a statement of
    8         public necessity; providing a contingent effective
    9         date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (i) is added to subsection (3) of
   14  section 744.331, Florida Statutes, to read:
   15         744.331 Procedures to determine incapacity.—
   16         (3) EXAMINING COMMITTEE.—
   17         (i) The report of each committee member filed with the
   18  clerk of the court is confidential and exempt from s. 119.07(1)
   19  and s. 24(a), Art. I of the State Constitution. This paragraph
   20  is subject to the Open Government Sunset Review Act in
   21  accordance with s. 119.15 and shall stand repealed on October 2,
   22  2015, unless reviewed and saved from repeal through reenactment
   23  by the Legislature.
   24         Section 2. The Legislature finds that it is a public
   25  necessity to exempt from public-records requirements all reports
   26  of examining committee members, whether initial, amended, or
   27  supplementary, in order to preserve the privacy of an alleged
   28  incapacitated person. The Legislature finds that the public
   29  disclosure of financial or medical information contained in the
   30  examining committee reports would produce undue harm to the
   31  alleged incapacitated person.
   32         Section 3. This act shall take effect October 1, 2010, if
   33  SB ____ or similar legislation is adopted in the same
   34  legislative session or an extension thereof and becomes law.

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