Florida 2022 Regular Session Status: Enacted

SB 7010 — OGSR/Public and Professional Guardians

Last action — Chapter No. 2022-45

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 22, 2021. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

OGSR/Public and Professional Guardians; Amending a provision which provides an exemption from public records requirements for certain information held by the Department of Elderly Affairs in connection with a filed complaint and subsequent conducted investigation relating to public and professional guardians; specifying when an investigation is considered active; narrowing the public record exemption for certain photographs and video recordings; removing the scheduled repeal of the exemption, etc.

Bill Text

What changed in the latest version

46 added · 65 removed

46 line(s) added, 65 removed.

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Latest
SB 7010 First Engrossed 20227010e1 A bill to be entitled An act relating to a review under the Open Government Sunset Review Act;
Florida Senate - 2022 (PROPOSED BILL) SPB 7010 FOR CONSIDERATION By the Committee on Children, Families, and Elder Affairs 586-00941-22 20227010pb A bill to be entitled An act relating to a review under the Open Government Sunset Review Act;
744.2111, F.S., which provides an exemption from public records requirements for certain information held by the Department of Elderly Affairs in connection with a filed complaint and subsequent conducted investigation relating to public and professional guardians;
744.2111, F.S., which provides an exemption from public records requirements for certain information held by the Department of Elderly Affairs in connection with a filed complaint or subsequently conducted investigation relating to public and professional guardians;
specifying when an investigation is considered active;
narrowing the public record exemption for certain photographs and video recordings;
revising construction;
744.2111 Confidentiality.— (1) A complaint and any information held by the Department of Elderly Affairs as part of the investigative process is confidential and exempt from s.
744.2111 Confidentiality.— (1) The following are confidential and exempt from the provisions of s.
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 Page 1 of 3 CODING:
Words stricken are deletions;
words underlined are additions.
SB 7010 First Engrossed 20227010e1 active, the following information held by the department shall remain are confidential and exempt from the provisions of s.
119.07(1) and s.
24(a), Art.
(c) All photographs and video recordings of a complainant or ward.
(c) All photographs and video recordings.
I of the State Constitution until the investigation is completed or ceases to be active, unless the disclosure is required by court order.
I of the State Constitution Page 1 of 2 CODING:
(3) This section does not prohibit the department from providing such information:
(a) To any law enforcement agency;, (b) Any other regulatory agency in the performance of its official duties and responsibilities;, or (c) The clerk of the circuit court under pursuant to 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.
(5) This section is subject to the Open Government Sunset Page 2 of 3 CODING:
SB 7010 First Engrossed 20227010e1 Review Act in accordance with s.
Florida Senate - 2022 (PROPOSED BILL) SPB 7010 586-00941-22 20227010pb until the investigation is completed or ceases to be active, unless the disclosure is required by court order.
(3) This section does not prohibit the department from providing such information to any law enforcement agency, any other regulatory agency in the performance of its official duties and responsibilities, or the clerk of the circuit court pursuant to s.
744.368.
(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.
(5) This section is subject to the Open Government Sunset Review Act in accordance with s.
This act shall take effect on October 1, 2022.
This act shall take effect October 1, 2022.
Page 3 of 3 CODING:
Page 2 of 2 CODING:
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View plain text versions (4)

Action History

  1. Chapter No. 2022-45

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered engrossed, then enrolled

  5. Passed as amended; YEAS 38 NAYS 0

  6. Concurred in 1 amendment(s) (865807)

  7. In returning messages

  8. Passed as amended; YEAS 113, NAYS 1

  9. Read 3rd time

  10. Added to Third Reading Calendar

  11. Placed on 3rd reading

  12. Amendment 865807 adopted

  13. Read 2nd time

  14. Substituted for HB 7017

  15. 1st Reading (Original Filed Version)

  16. Bill added to Special Order Calendar (3/1/2022)

  17. Bill referred to House Calendar

  18. In Messages

  19. Immediately certified

  20. Passed; YEAS 33 NAYS 0

  21. Read 3rd time

  22. Read 2nd time

  23. Placed on Special Order Calendar, 01/19/22

  24. Placed on Calendar, on 2nd reading

  25. Favorable by- Rules; YEAS 15 NAYS 0

  26. Introduced

  27. On Committee agenda-- Rules, 01/13/22, 9:00 am, 412 Knott Building

  28. Referred to Rules

  29. Filed

  30. Submitted as Committee Bill and Reported Favorably by Children, Families, and Elder Affairs; YEAS 7 NAYS 0

  31. On Committee agenda-- Children, Families, and Elder Affairs, 11/30/21, 12:30 pm, 37 Senate Building

  32. Submitted for consideration by Children, Families, and Elder Affairs

Sponsors

  • Children, Families, and Elder Affairs · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on · 1 voted No

Sponsors (1)

  • Children, Families, and Elder Affairs

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Returning Messages

Passed 38 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 12001
Unaffiliated 21000
Democrat 4000
No Party Affiliation 1000
Total 38001
% of votes cast 97%0%0%3%
How each member voted (39)
Member Party Vote
Diaz — Yea
Ausley — Yea
Farmer — Yea
Powell — Yea
Baxley — Yea
Gainer — Yea
Rodrigues — Yea
Bean — Yea
Gibson — Yea
Book — Yea
Stargel — Yea
Stewart — Yea
Bracy — Yea
Taddeo — Yea
Hutson — Yea
Torres — Yea
Brandes — Yea
Simpson — Yea
Broxson — Yea
Perry — Yea
Cruz — Yea
Berman, Lori Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Garcia, Ileana Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Not Voting
Hooper, Ed Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Wright, Tom A. Republican Yea

Official roll call →

Passage, Third Reading

Passed 113 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 48004
Republican 45001
Democrat 20100
Total 113105
% of votes cast 95%1%0%4%
How each member voted (119)
Member Party Vote
Alexander — Yea
Aloupis — Yea
Geller — Yea
Altman — Yea
Goff-Marcil — Yea
Renner — Yea
Roach — Yea
Bell — Yea
Grieco — Yea
Beltran — Yea
Hage — Yea
Benjamin — Yea
Harding — Yea
Rommel — Yea
Roth — Yea
Hawkins — Yea
Brown — Yea
Ingoglia — Yea
Silvers — Yea
Jenne — Yea
Killebrew — Yea
Slosberg-King — Yea
Byrd — Yea
Caruso — Yea
Latvala — Yea
Casello — Yea
Learned — Yea
Sprowls — Yea
Clemons — Yea
Mariano — Yea
Toledo — Yea
Tomkow — Yea
Diamond — Yea
Drake — Yea
McCurdy — Yea
Duran — Yea
Willhite — Yea
Morales — Yea
Williams — Yea
Williamson — Yea
Fernandez-Barquin — Yea
Omphroy — Yea
Fetterhoff — Yea
Fine — Yea
Payne — Yea
Zika — Yea
Fischer — Yea
Grant — Not Voting
Sabatini — Not Voting
Bush — Not Voting
Stevenson — Not Voting
Thompson, Geraldine F. "Geri" — Yea
Arrington, Kristen Aston Democrat Yea
Bartleman, Robin Democrat Yea
Campbell, Daryl Democrat Yea
Chambliss, Kevin D. Democrat Yea
Daley, Dan Democrat Yea
Davis, Tracie Democrat Nay
Driskell, Fentrice Democrat Yea
Eskamani, Dr. Anna V. Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Yea
Hinson, Yvonne Hayes Democrat Yea
Hunschofsky, Christine Democrat Yea
Joseph, Dotie Democrat Yea
Nixon, Angela "Angie" Democrat Yea
Rayner, Michele K. Democrat Yea
Robinson, Felicia Simone Democrat Yea
Skidmore, Kelly Democrat Yea
Smith, Carlos Guillermo Democrat Yea
Tant, Allison Democrat Yea
Woodson, Marie Paule Democrat Yea
Andrade, Robert Alexander "Alex" Republican Yea
Barnaby, Webster Republican Yea
Borrero, David Republican Yea
Botana, Adam Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Burton, Colleen Republican Yea
Busatta, Demi Republican Yea
Chaney, Linda Republican Yea
DiCeglie, Nick Republican Yea
Duggan, Wyman Republican Yea
Fabricio, Tom Republican Yea
Garrison, Sam Republican Yea
Giallombardo, Mike Republican Yea
Grall, Erin Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
McFarland, Fiona Republican Yea
Melo, Lauren Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Rodriguez, Ana Maria Republican Yea
Salzman, Michelle Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea
Trabulsy, Dana Republican Yea
Truenow, Keith L. Republican Yea
Trumbull, Jay Republican Yea
Tuck, Kaylee Republican Yea
Vacant Republican Yea
Valdés, Susan L. Republican Yea
Yarborough, Clay Republican Not Voting

Official roll call →

Returning Messages

Passed 38 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 12001
Unaffiliated 21000
Democrat 4000
No Party Affiliation 1000
Total 38001
% of votes cast 97%0%0%3%
How each member voted (39)
Member Party Vote
Diaz — Yea
Ausley — Yea
Farmer — Yea
Powell — Yea
Baxley — Yea
Gainer — Yea
Rodrigues — Yea
Bean — Yea
Gibson — Yea
Book — Yea
Stargel — Yea
Stewart — Yea
Bracy — Yea
Taddeo — Yea
Hutson — Yea
Torres — Yea
Brandes — Yea
Simpson — Yea
Broxson — Yea
Perry — Yea
Cruz — Yea
Berman, Lori Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Garcia, Ileana Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Not Voting
Hooper, Ed Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Wright, Tom A. Republican Yea

Official roll call →

Favorable

Passed 15 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Republican 5001
Total 15002
% of votes cast 88%0%0%12%
How each member voted (17)
Member Party Vote
Baxley — Yea
Bean — Yea
Book — Yea
Bracy — Yea
Diaz — Yea
Farmer — Yea
Gibson — Yea
Hutson — Yea
Powell — Yea
Stargel — Yea
Brandes — Not Voting
Albritton, Ben Republican Not Voting
Boyd, Jim Republican Yea
Garcia, Ileana Republican Yea
Gruters, Joe Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea

Official roll call →

Submitted and Reported Favorably as Committee Bill

Passed 7 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 4001
Democrat 1000
Unaffiliated 2000
Total 7001
% of votes cast 88%0%0%13%
How each member voted (8)
Member Party Vote
Torres — Yea
Book — Yea
Rouson, Darryl Ervin Democrat Yea
Albritton, Ben Republican Not Voting
Brodeur, Jason Republican Yea
Garcia, Ileana Republican Yea
Harrell, Gayle Republican Yea
Wright, Tom A. Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 7010 do?
OGSR/Public and Professional Guardians; Amending a provision which provides an exemption from public records requirements for certain information held by the Department of Elderly Affairs in connection with a filed complaint and subsequent conducted investigation relating to public and professional guardians; specifying when an investigation is considered active; narrowing the public record exemption for certain photographs and video recordings; removing the scheduled repeal of the exemption, etc.
Who sponsors SB 7010?
SB 7010 is sponsored by Children, Families, and Elder Affairs.
What is the current status of SB 7010?
This bill has been enacted into law. Introduced November 22, 2021. Enacted.
Where can I track SB 7010?
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