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House Bill 1433c1

Florida House of Representatives - 1998 CS/HB 1433 By the Committee on Governmental Operations and Representative Brennan 1 A bill to be entitled 2 An act relating to public records; amending s. 3 119.07, F.S.; deleting provisions relating to 4 the release of records of the Department of 5 Children and Family Services which pertain to 6 the investigation of the death of a disabled 7 adult or elderly person as a result of abuse, 8 neglect, or exploitation or the death of a 9 child as a result of abuse, neglect, or 10 abandonment; amending s. 415.107, F.S., and 11 repealing s. 415.107(1)(b), F.S.; revising 12 provisions relating to release of records in 13 the event of the death of a disabled adult or 14 elderly person as a result of abuse, neglect, 15 or exploitation; amending s. 415.51, F.S., and 16 repealing s. 415.51(1)(b), F.S.; revising 17 provisions relating to release of records in 18 the event of the death of a child as a result 19 of abuse, abandonment, or neglect; providing an 20 effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Subsection (7) of section 119.07, Florida 25 Statutes, is amended to read: 26 119.07 Inspection, examination, and duplication of 27 records; exemptions.-- 28 (7)(a) Any person or organization, including the 29 Department of Children and Family Health and Rehabilitative 30 Services, may petition the court for an order making public 31 the records of the Department of Children and Family Health 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1433 192-953-98 1 and Rehabilitative Services that pertain to investigations of 2 alleged abuse, neglect, abandonment, or exploitation of a 3 child, a disabled adult, or an elderly person. The court shall 4 determine if good cause exists for public access to the 5 records sought or a portion thereof. In making this 6 determination, the court shall balance the best interest of 7 the disabled adult, elderly person, or child who is the focus 8 of the investigation, and in the case of the child, the 9 interest of that child's siblings, together with the privacy 10 right of other persons identified in the reports against the 11 public interest. The public interest in access to such records 12 is reflected in s. 119.01(1), and includes the need for 13 citizens to know of and adequately evaluate the actions of the 14 Department of Children and Family Health and Rehabilitative 15 Services and the court system in providing disabled adults, 16 elderly persons, and children of this state with the 17 protections enumerated in ss. 415.101 and 415.502. However, 18 nothing in this subsection does not shall contravene the 19 provisions of ss. 415.51 and 415.107, which protect the name 20 of any person reporting the abuse, neglect, or exploitation of 21 a child, a disabled adult, or an elderly person. 22 (b)1. In cases involving the death of a disabled adult 23 or an elderly person as the result of abuse, neglect, or 24 exploitation, there shall be a presumption that the best 25 interest of the disabled adult or elderly person and the 26 public interest will be served by full public disclosure of 27 the circumstances of the investigation of the death and any 28 other investigation concerning the disabled adult or elderly 29 person. 30 2. In cases involving the death of a child as the 31 result of abuse, neglect, or abandonment, there shall be a 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1433 192-953-98 1 presumption that the best interest of the child and the 2 child's siblings and the public interest will be served by 3 full public disclosure of the circumstances of the 4 investigation of the death of the child and any other 5 investigation concerning the child and the child's siblings. 6 (b)(c) In cases involving serious bodily injury to a 7 child, a disabled adult or an elderly person, the Department 8 of Children and Family Health and Rehabilitative Services may 9 petition the court for an order for the immediate public 10 release of records of the department which pertain to the 11 investigation of abuse, neglect, abandonment, or exploitation 12 of the child, disabled adult, or elderly person who suffered 13 serious bodily injury. The petition must be personally served 14 upon the child, disabled adult, or elderly person, the child's 15 parents or guardian, the legal guardian of that person, if 16 any, and any person named as an alleged perpetrator in the 17 report of abuse, neglect, abandonment, or exploitation. The 18 court must determine if good cause exists for the public 19 release of the records sought no later than 24 hours, 20 excluding Saturdays, Sundays, and legal holidays, after from 21 the date the department filed the petition with the court. If 22 the court has neither granted nor denied the petition within 23 the 24-hour time period, the department may release to the 24 public summary information including: 25 1. A confirmation that an investigation has been 26 conducted concerning the alleged victim. 27 2. The dates and brief description of procedural 28 activities undertaken during the department's investigation. 29 3. The date of each judicial proceeding, a summary of 30 each participant's recommendations made at the judicial 31 proceedings, and the rulings of the court. 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1433 192-953-98 1 2 The summary information may not include the name of, or other 3 identifying information with respect to, any person identified 4 in any investigation. In making a determination to release 5 confidential information, the court shall balance the best 6 interests of the disabled adult or elderly person or child who 7 is the focus of the investigation and, in the case of the 8 child, the interests of that child's siblings, together with 9 the privacy rights of other persons identified in the reports 10 against the public interest for access to public records. 11 However, nothing in this paragraph does not shall contravene 12 the provisions of ss. 415.51 and 415.107, which protect the 13 name of any person reporting abuse, neglect, or exploitation 14 of a child, a disabled adult, or an elderly person. 15 (d) In cases involving the death of a child or a 16 disabled adult or an elderly person, the Department of Health 17 and Rehabilitative Services may petition the court for an 18 order for the immediate public release of records of the 19 department which pertain to the investigation of abuse, 20 neglect, abandonment, or exploitation of the child, disabled 21 adult, or elderly person who died. The department must 22 personally serve the petition upon the child's parents or 23 guardian, the legal guardian of the disabled adult or elderly 24 person, if any, and any person named as an alleged perpetrator 25 in the report of abuse, neglect, abandonment, or exploitation. 26 The court must determine if good cause exists for the public 27 release of the records sought no later than 24 hours, 28 excluding Saturdays, Sundays, and legal holidays, from the 29 date the department filed the petition with the court. If the 30 court has neither granted nor denied the petition within the 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1433 192-953-98 1 24-hour time period, the department may release to the public 2 summary information including: 3 1. A confirmation that an investigation has been 4 conducted concerning the alleged victim. 5 2. The dates and brief description of procedural 6 activities undertaken during the department's investigation. 7 3. The date of each judicial proceeding, a summary of 8 each participant's recommendations made at the judicial 9 proceedings, and the ruling of the court. 10 11 In making a determination to release confidential information, 12 the court shall balance the best interests of the disabled 13 adult or elderly person or child who is the focus of the 14 investigation and, in the case of the child, the interest of 15 that child's siblings, together with the privacy right of 16 other persons identified in the reports against the public 17 interest. However, nothing in this paragraph shall contravene 18 the provisions of ss. 415.51 and 415.107, which protect the 19 name of any person reporting abuse, neglect, or exploitation 20 of a child, a disabled adult, or an elderly person. 21 (c)(e) When the court determines that good cause for 22 public access exists, the court shall direct that the 23 department redact the name of and other identifying 24 information with respect to any person identified in any 25 unfounded report or proposed confirmed report or report closed 26 without classification, or in any report that has not yet been 27 classified pursuant to s. 415.1045(7), until such time as the 28 court finds that there is probable cause to believe that the 29 person identified committed an act of alleged abuse, neglect, 30 or abandonment. 31 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1433 192-953-98 1 Section 2. Paragraph (b) of subsection (1) of section 2 415.107, Florida Statutes, is repealed, and paragraph (l) is 3 added to subsection (2) of said section to read: 4 415.107 Confidentiality of reports and records.-- 5 (2) Access to all records, excluding the name of the 6 reporter which shall be released only as provided in 7 subsection (6), shall be granted only to the following 8 persons, officials, and agencies: 9 (l) Any person in the event of the death of a disabled 10 adult or elderly person determined to be a result of abuse, 11 neglect, or exploitation. Information identifying the person 12 reporting abuse, neglect, or exploitation shall not be 13 released. Any information otherwise made confidential or 14 exempt by law shall not be released pursuant to this 15 paragraph. 16 Section 3. Paragraph (b) of subsection (1) of section 17 415.51, Florida Statutes, is repealed, and paragraph (n) is 18 added to subsection (2) of said section to read: 19 415.51 Confidentiality of reports and records in cases 20 of child abuse or neglect.-- 21 (2) Access to such records, excluding the name of the 22 reporter which shall be released only as provided in 23 subsection (9), shall be granted only to the following 24 persons, officials, and agencies: 25 (n) Any person in the event of the death of a child 26 determined to be a result of abuse, abandonment, or neglect. 27 Information identifying the person reporting abuse, 28 abandonment, or neglect shall not be released. Any information 29 otherwise made confidential or exempt by law shall not be 30 released pursuant to this paragraph. 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1433 192-953-98 1 Section 4. This act shall take effect upon becoming a 2 law. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7