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FL H1433
Bill
Status
4/30/2010
Primary Sponsor
Elaine Schwartz
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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