The Florida Senate

415.1065  Records management.--All records must be maintained in their entirety for their full retention period, except as otherwise provided in this section:

(1)  RECORDS OF UNFOUNDED REPORTS.--

(a)  The department shall retain the record of a report classified as unfounded for 1 year after the date the report is classified and closed.

1.  After 1 year, the department shall expunge the names, social security numbers, addresses, telephone numbers, and narrative language of the record from the central abuse registry and tracking system. Nonidentifying data remaining in the record may be used only for statistical purposes.

2.  After 1 year, the department shall expunge the hard copy file of the record in its entirety.

(b)  During the 1-year retention period, the department shall index each unfounded report by the name of the disabled adult or elderly person who was the alleged victim, by the report number, and by the facility, if appropriate. These reports may be used to detect persons who knowingly make a false report.

(c)  A person named in an unfounded report may not be identified as a perpetrator.

(2)  RECORDS OF PROPOSED CONFIRMED REPORTS.--

(a)  The department shall retain the record of a report classified as proposed confirmed until all the individuals named as alleged perpetrators have completed the appeals process or have waived the right to appeal.

(b)  When a classification changes as a result of an appeal or a failure to appeal, the retention period of the record is the retention period of the new classification or, if appropriate, of a record that is closed without classification.

(c)  If an alleged perpetrator refuses to accept personal service of the notice of a proposed confirmed report; refuses to accept service by certified mail, return receipt requested; or purposely evades receipt of service of the notice, the record of the proposed confirmed report must be retained for 25 years after the date the report was classified as proposed confirmed. For the purposes of this paragraph, the term "purposely evades receipt of service" means that the alleged perpetrator has left the state for the purpose of avoiding service of the notice, is using a false name so that the notice cannot be served, or is concealing his or her whereabouts in the state so that the notice cannot be served.

(3)  RECORDS OF CONFIRMED REPORTS.--The department shall retain the record of a report classified as confirmed for 50 years after the date the report is classified as confirmed.

(4)  RECORDS OF REPORTS CLOSED WITHOUT CLASSIFICATION.--

(a)  The department shall maintain the record of a report closed without classification for 7 years after the date the report is closed.

(b)  The department shall index a report closed without classification by the name of the disabled adult or elderly person; the facility at which the investigation was conducted, if appropriate; and the report number.

(c)  A person named in a report closed without classification may not be identified as a perpetrator, and information in such report may not be allowed to interfere with any person's employment.

(5)  RECORDS OF REPORTS WITH A DISPOSITION OF NO JURISDICTION.--The department shall retain the record of a report with a disposition of no jurisdiction for 1 year after the date the report is closed. After 1 year, the record must be expunged in its entirety.

(6)  RECORDS OF REPORTS CLOSED AS DISABLED ADULT IN NEED OF SERVICES OR ELDERLY PERSON IN NEED OF SERVICES.--The department may retain the records of reports determined to be a disabled adult in need of services or an elderly person in need of services for up to 1 year for purposes of facilitating the provision of services, program performance reporting, and research and statistical analysis. After 1 year the record must be expunged in its entirety.

(7)  CONFIDENTIALITY.--All information in the central abuse registry and tracking system and in the hard copy file of the records maintained in the district offices is subject to the confidentiality provisions of s. 415.107.

(8)  MANNER OF STORAGE AND DISPOSAL.--All reports, regardless of classification, shall be stored and disposed of in a manner deemed appropriate to the department and in accordance with ss. 119.041 and 257.36(7).

(9)  EXEMPTION.--This section does not require the expunction or destruction of case records or information required by the Federal Government to be retained for future audit.

History.--s. 105, ch. 95-418; s. 65, ch. 97-103; s. 5, ch. 98-182.