House Bill 1849c2

    Florida House of Representatives - 1998          CS/CS/HB 1849

        By the Committees on Governmental Operations, Children &
    Family Empowerment and Representatives Murman and Lacasa





  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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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998          CS/CS/HB 1849

    192-964-98






  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 it is a public

  9  necessity to exempt from public disclosure the personal

10  information specified in s. 409.175(15), Florida Statutes,

11  concerning persons who are licensed to be family foster

12  parents and their spouses, children, and other household

13  members because it would reduce the risk that other

14  individuals, including parents or relatives, could threaten,

15  harass, or cause physical harm or other injury to foster

16  children or their foster families. The Legislature further

17  finds that the availability to the public of such personal and

18  sensitive information lessens the willingness of prospective

19  caregivers to reveal information, and such information is

20  necessary in order to assess the abilities of foster parents

21  and make appropriate placements for children. The Legislature

22  further finds that the availability to the public of such

23  information has a negative, chilling effect on the recruitment

24  and retention of foster parents.  Accordingly, the exemption

25  is a public necessity in order to effectively and efficiently

26  run the foster care program and to protect the health, safety,

27  and welfare of foster children and of foster parents, their

28  spouses, their children, and other household members.

29  Furthermore, because in part the exemption only affects

30  identifying information, other substantive information is

31  available to the public.  This allows effective review of

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    Florida House of Representatives - 1998          CS/CS/HB 1849

    192-964-98






  1  department decisions with regard to the foster care program

  2  without unnecessarily invading the privacy of foster parents,

  3  their spouses, their children, and other household members.

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

  5  law.

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