CODING: Words stricken are deletions; words underlined are additions.House Bill 1433
Florida House of Representatives - 1997 HB 1433
By Representative Brennan
1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.07, F.S.; providing for the release of
4 records of the Department of Children and
5 Family Services which pertain to the
6 investigation of the death of a disabled adult,
7 elderly person, or child as a result of abuse,
8 neglect, exploitation, or abandonment;
9 requiring that the department redact names and
10 other identifying information in certain
11 records; authorizing any person or
12 organization, or the Department of Children and
13 Family Services, to petition the court to
14 prohibit public disclosure of such records;
15 providing for a presumption that disclosure is
16 in the public interest; revising provisions to
17 reflect the creation of the Department of
18 Children and Family Services; providing an
19 effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Subsection (7) of section 119.07, Florida
24 Statutes, 1996 Supplement, is amended to read:
25 119.07 Inspection, examination, and duplication of
26 records; exemptions.--
27 (7)(a) Any person or organization, including the
28 Department of Children and Family Health and Rehabilitative
29 Services, may petition the court for an order making public
30 the records of the Department of Children and Family Health
31 and Rehabilitative Services that pertain to investigations of
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1 alleged abuse, neglect, abandonment, or exploitation of a
2 child, a disabled adult, or an elderly person. The court shall
3 determine if good cause exists for public access to the
4 records sought or a portion thereof. In making this
5 determination, the court shall balance the best interest of
6 the disabled adult, elderly person, or child who is the focus
7 of the investigation, and in the case of the child, the
8 interest of that child's siblings, together with the privacy
9 right of other persons identified in the reports against the
10 public interest. The public interest in access to such records
11 is reflected in s. 119.01(1), and includes the need for
12 citizens to know of and adequately evaluate the actions of the
13 Department of Children and Family Health and Rehabilitative
14 Services and the court system in providing disabled adults,
15 elderly persons, and children of this state with the
16 protections enumerated in ss. 415.101 and 415.502. However,
17 nothing in this subsection does not shall contravene the
18 provisions of ss. 415.51 and 415.107, which protect the name
19 of any person reporting the abuse, neglect, or exploitation of
20 a child, a disabled adult, or an elderly person.
21 (b)1. In cases involving the death of a disabled adult
22 or an elderly person as the result of abuse, neglect, or
23 exploitation, all records of the Department of Children and
24 Family Services which pertain to an investigation of the
25 alleged abuse, neglect, or exploitation of that person are not
26 confidential. Inspection or production of the records shall be
27 in accordance with subsection (2) in order to preserve
28 confidentiality as required by federal law or state law,
29 including, but not limited to, s. 394.4615. Furthermore, the
30 Department of Children and Family Services shall redact the
31 client's name and other identifying information in any
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1 unfounded report, unfounded proposed confirmed report, report
2 closed without classification, or report that has not been
3 classified under s. 415.1045(7). However, this subsection does
4 not contravene s. 415.107, which protects the name of any
5 person who reports the abuse, neglect, or exploitation of a
6 disabled adult or an elderly person. Any person, organization,
7 or the Department of Children and Family Services may oppose
8 the release of records under this paragraph by petitioning the
9 court prior to the release of the records. When the court
10 considers such a petition, there is shall be a presumption
11 that the best interest of the disabled adult or elderly person
12 and the public interest will be served by full public
13 disclosure of the circumstances of the investigation of the
14 death and any other investigation concerning the disabled
15 adult or elderly person. However, if the person, organization,
16 or Department of Children and Family Services shows a
17 compelling interest that requires the records not be released,
18 the court shall order that the records remain confidential,
19 subject to any further proceedings under paragraph (a).
20 2. In cases involving the death of a child as the
21 result of abuse, neglect, or abandonment, all records of the
22 Department of Children and Family Services which pertain to an
23 investigation of the alleged abuse, neglect, or abandonment,
24 of that child are not confidential. Inspection or production
25 of the records shall be in accordance with subsection (2) in
26 order to preserve confidentiality as required by federal law
27 or state law, including, but not limited to, s. 394.4615.
28 Furthermore, the Department of Children and Family Services
29 shall redact the child's name and other identifying
30 information in any unfounded report, unfounded proposed
31 confirmed report, report closed without classification, or
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1 report that has not been classified under s. 415.504(4). This
2 subsection does not contravene s. 415.51, which protects the
3 name of any person who reports the abuse, neglect, or
4 abandonment of a child. Any person, organization, or the
5 Department of Children and Family Services may oppose the
6 release of records under this paragraph by petitioning the
7 court prior to the release of the records. When the court
8 considers such a petition, there is shall be a presumption
9 that the best interest of the child and the child's siblings
10 and the public interest will be served by full public
11 disclosure of the circumstances of the investigation of the
12 death of the child and any other investigation concerning the
13 child and the child's siblings. However, if the person,
14 organization, or Department of Children and Family Services
15 shows a compelling interest that requires the records not be
16 released, the court shall order that the records remain
17 confidential, subject to any further proceedings under
18 paragraph (a).
19 (c) In cases involving serious bodily injury to a
20 child, a disabled adult or an elderly person, the Department
21 of Children and Family Health and Rehabilitative Services may
22 petition the court for an order for the immediate public
23 release of records of the department which pertain to the
24 investigation of abuse, neglect, abandonment, or exploitation
25 of the child, disabled adult, or elderly person who suffered
26 serious bodily injury. The petition must be personally served
27 upon the child, disabled adult, or elderly person, the child's
28 parents or guardian, the legal guardian of that person, if
29 any, and any person named as an alleged perpetrator in the
30 report of abuse, neglect, abandonment, or exploitation. The
31 court must determine if good cause exists for the public
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1 release of the records sought no later than 24 hours,
2 excluding Saturdays, Sundays, and legal holidays, after from
3 the date the department filed the petition with the court. If
4 the court has neither granted nor denied the petition within
5 the 24-hour time period, the department may release to the
6 public summary information including:
7 1. A confirmation that an investigation has been
8 conducted concerning the alleged victim.
9 2. The dates and brief description of procedural
10 activities undertaken during the department's investigation.
11 3. The date of each judicial proceeding, a summary of
12 each participant's recommendations made at the judicial
13 proceedings, and the rulings of the court.
14
15 The summary information may not include the name of, or other
16 identifying information with respect to, any person identified
17 in any investigation. In making a determination to release
18 confidential information, the court shall balance the best
19 interests of the disabled adult or elderly person or child who
20 is the focus of the investigation and, in the case of the
21 child, the interests of that child's siblings, together with
22 the privacy rights of other persons identified in the reports
23 against the public interest for access to public records.
24 However, nothing in this paragraph does not shall contravene
25 the provisions of ss. 415.51 and 415.107, which protect the
26 name of any person reporting abuse, neglect, or exploitation
27 of a child, a disabled adult, or an elderly person.
28 (d) In cases involving the death of a child or a
29 disabled adult or an elderly person, the Department of
30 Children and Family Health and Rehabilitative Services may
31 petition the court for an order for the immediate public
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1 release of records of the department which pertain to the
2 investigation of abuse, neglect, abandonment, or exploitation
3 of the child, disabled adult, or elderly person who died. The
4 department must personally serve the petition upon the child's
5 parents or guardian, the legal guardian of the disabled adult
6 or elderly person, if any, and any person named as an alleged
7 perpetrator in the report of abuse, neglect, abandonment, or
8 exploitation. The court must determine if good cause exists
9 for the public release of the records sought no later than 24
10 hours, excluding Saturdays, Sundays, and legal holidays, after
11 from the date the department filed the petition with the
12 court. If the court has neither granted nor denied the
13 petition within the 24-hour time period, the department may
14 release to the public summary information including:
15 1. A confirmation that an investigation has been
16 conducted concerning the alleged victim.
17 2. The dates and brief description of procedural
18 activities undertaken during the department's investigation.
19 3. The date of each judicial proceeding, a summary of
20 each participant's recommendations made at the judicial
21 proceedings, and the ruling of the court.
22
23 In making a determination to release confidential information,
24 the court shall balance the best interests of the disabled
25 adult or elderly person or child who is the focus of the
26 investigation and, in the case of the child, the interest of
27 that child's siblings, together with the privacy right of
28 other persons identified in the reports against the public
29 interest. However, nothing in this paragraph does not shall
30 contravene the provisions of ss. 415.51 and 415.107, which
31 protect the name of any person reporting abuse, neglect, or
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1 exploitation of a child, a disabled adult, or an elderly
2 person.
3 (e) When the court determines that good cause for
4 public access exists, the court shall direct that the
5 department redact the name of and other identifying
6 information with respect to any person identified in any
7 unfounded report or proposed confirmed report or report closed
8 without classification, or in any report that has not yet been
9 classified pursuant to s. 415.1045(7), until such time as the
10 court finds that there is probable cause to believe that the
11 person identified committed an act of alleged abuse, neglect,
12 or abandonment.
13 Section 2. This act shall take effect October 1, 1997.
14
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16 SENATE SUMMARY
17 Provides for public disclosure of records of the
Department of Children and Family Services which relate
18 to an investigation into the death of a disabled adult,
an elderly person, or a child. Requires that the
19 department delete names and other identifying information
if state or federal law requires that such information
20 remain confidential. Provides for a court to require the
release of the department's records unless there is a
21 compelling interest that the records remain confidential.
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