House Bill 1849c1

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    Florida House of Representatives - 1998             CS/HB 1849

        By the Committee on Children & Family Empowerment and
    Representatives Lacasa and Murman





  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         409.175, F.S.; providing an exemption from

  4         public records requirements for specified

  5         personal information contained in licensing

  6         files concerning persons licensed to be family

  7         foster parents and their spouses, children, and

  8         other adult household members; providing for

  9         future review and repeal; providing a finding

10         of public necessity; providing an effective

11         date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Subsection (15) is added to section

16  409.175, Florida Statutes, to read:

17         409.175  Licensure of family foster homes, residential

18  child-caring agencies, and child-placing agencies.--

19         (15)  The following information contained in the

20  licensing file held by the department is exempt from the

21  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

22  Constitution unless otherwise ordered by a court:  the home,

23  business, work, childcare, or school addresses, telephone

24  numbers, social security numbers, birthdates, and photographs

25  of persons who are licensed under this section to be family

26  foster parents and of their spouses, their minor children, and

27  other adult household members; identifying information about

28  such persons in neighbor references; the floor plan of the

29  foster home; and any identifying information about such

30  persons contained in similar sensitive, personal information

31  that is provided to the department by such persons. This

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    Florida House of Representatives - 1998             CS/HB 1849

    602-112-98






  1  subsection applies to foster parents whose homes are licensed

  2  under this section, including, but not limited to, all

  3  individuals who were foster parents and became adoptive

  4  parents. This subsection is subject to the Open Government

  5  Sunset Review Act of 1995 in accordance with s. 119.15, and

  6  shall stand repealed on October 2, 2003, unless reviewed and

  7  saved from repeal through reenactment by the Legislature.

  8         Section 2.  The Legislature finds that exempting from

  9  public records requirements the personal information specified

10  in s. 409.175(15), Florida Statutes, concerning persons who

11  are licensed to be family foster parents and their spouses,

12  children, and other adult household members would reduce the

13  risk that other individuals, including parents or relatives,

14  could threaten, harass, or cause physical harm or other injury

15  to foster children or their foster families. The Legislature

16  finds that the availability to the public of personal and

17  sensitive background information lessens the willingness of

18  prospective caregivers to reveal sensitive information that is

19  necessary in assessing the abilities of foster parents and

20  making appropriate placements for children. The Legislature

21  further finds that the availability to the public of such

22  information has a negative effect on the recruitment and

23  retention of foster parents.

24         Section 3.  This act shall take effect upon becoming a

25  law.

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