(1) A complaint and any information held by the Department of Elderly Affairs as part of the investigative process are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the investigation is completed or ceases to be active. An investigation is considered active as long as the department is continuing with a reasonable, good faith belief that the investigation may lead to a finding that a guardian has violated the standards of practice established by the Office of Public and Professional Guardians.
(2) Once an investigation is completed or ceases to be active, the following information held by the department shall remain confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
(a) Personal identifying information of a complainant or ward.
(b) All personal health and financial records of a ward.
(c) All photographs and video recordings of a complainant or ward.
(3) This section does not prohibit the department from providing such information:
(a) To any law enforcement agency;
(b) 1To any other regulatory agency in the performance of its official duties and responsibilities;
(c) 1To the clerk of the circuit court under s. 744.368; or
(d) Pursuant to a court order.
(4) The exemption under this section applies to all documents received by the department in connection with a complaint before, on, or after July 1, 2017.
History.—s. 1, ch. 2017-176; s. 1, ch. 2022-45.
1Note.—The word “To” was inserted by the editors to improve clarity.
Structure Florida Statutes
Title XLIII - Domestic Relations
Part II - Public and Professional Guardians (Ss. 744.2001-744.2112)
744.2001 - Office of Public and Professional Guardians.
744.2002 - Professional guardian registration.
744.2004 - Complaints; disciplinary proceedings; penalties; enforcement.
744.20041 - Grounds for discipline; penalties; enforcement.
744.2005 - Order of appointment.
744.2006 - Office of Public and Professional Guardians; appointment, notification.
744.2008 - Costs of public guardian.
744.2009 - Preparation of budget.
744.2101 - Procedures and rules.
744.2103 - Reports and standards.
744.21031 - Public records exemption.
744.2104 - Access to records by the Office of Public and Professional Guardians; confidentiality.
744.2106 - Joining Forces for Public Guardianship grant program; purpose.
744.2107 - Program administration; duties of the Office of Public and Professional Guardians.
744.2109 - Grant application requirements; review criteria; awards process.