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FL H1433

Bill

Status

Failed

4/30/2010

Primary Sponsor

Elaine Schwartz

Click for details

Origin

House of Representatives

2010 Regular Session

AI Summary

  • Creates a confidential and public records exemption for petitions to determine incapacity filed with the clerk of court, exempting them from Florida's public records laws and the state constitution's public access provision.

  • Allows the clerk of court to disclose the petition to: judges, the alleged incapacitated person, listed next of kin, attorneys of record, public guardians, appointed guardians, examining committee members, appellate courts in appeals, and any other person ordered by the court.

  • Establishes a public necessity statement finding that disclosure of financial or medical information in incapacity petitions would cause undue harm to the alleged incapacitated person.

  • Makes the exemption subject to the Open Government Sunset Review Act and requires legislative reenactment by October 2, 2015, or the exemption will automatically repeal.

  • Takes effect October 1, 2010, contingent upon passage of HB 1431 or similar legislation in the same legislative session.

Legislative Description

Pub. Rec./Petitions to Determine Incapacity

Last Action

Died in Criminal & Civil Justice Policy Council

4/30/2010

Committee Referrals

Criminal & Civil Justice Policy Council3/29/2010
Governmental Affairs Policy3/22/2010
Civil Justice & Courts Policy3/10/2010

Full Bill Text

No bill text available