Florida Statutes 744.2111 – Confidentiality
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(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 Fla. Const. Art. I, § 24(a) 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 Fla. Const. Art. I, § 24(a):
(a) Personal identifying information of a complainant or ward.
Terms Used In Florida Statutes 744.2111
- Clerk: means the clerk or deputy clerk of the court. See Florida Statutes 744.102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Court: means the circuit court. See Florida Statutes 744.102
- Ward: means a person for whom a guardian has been appointed. See Florida Statutes 744.102
(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) To any other regulatory agency in the performance of its official duties and responsibilities;
(c) To 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.