February 22, 2020
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       Florida Senate - 2010                                    SB 2628
       
       
       
       By Senator Aronberg
       
       
       
       
       27-02285-10                                           20102628__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         744.3201, F.S.; creating an exemption from public
    4         records requirements for petitions to determine
    5         incapacity; providing for future legislative review
    6         and repeal of the exemption; providing a statement of
    7         public necessity; providing a contingent effective
    8         date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (6) is added to section 744.3201,
   13  Florida Statutes, to read:
   14         744.3201 Petition to determine incapacity.—
   15         (6) The petition to determine incapacity filed with the
   16  clerk of the court is confidential and exempt from s. 119.07(1)
   17  and s. 24(a), Art. I of the State Constitution. This subsection
   18  is subject to the Open Government Sunset Review Act in
   19  accordance with s. 119.15 and shall stand repealed on October 2,
   20  2015, unless reviewed and saved from repeal through reenactment
   21  by the Legislature.
   22         Section 2. The Legislature finds that it is a public
   23  necessity to exempt from public-records requirements all
   24  petitions to determine incapacity, whether initial, amended, or
   25  supplementary, in order to preserve the privacy of an alleged
   26  incapacitated person by preserving the privacy of information in
   27  the petition that would otherwise be available to the public.
   28  The Legislature finds that the public disclosure of financial or
   29  medical information in the petition to determine incapacity
   30  would produce undue harm to the alleged incapacitated person.
   31         Section 3. This act shall take effect October 1, 2010, if
   32  SB ____ or similar legislation is adopted in the same
   33  legislative session or an extension thereof and becomes law.

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