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: 19 744.2111Confidentiality. 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.