744.2111 Confidentiality.—(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) To any other regulatory agency in the performance of its official duties and responsibilities;(c) To the 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.History.—s. 1, ch. 2017-176; s. 1, ch. 2022-45; s. 123, ch. 2023-8.
Florida Legal Code