House Bill 4385

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    Florida House of Representatives - 1998                HB 4385

        By Representative Chestnut






  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         411.01, F.S.; providing for access to a child's

  4         records by the Florida Partnership for Children

  5         First, Inc., and providing an exemption from

  6         public records requirements for identifying

  7         information in such records; specifying that

  8         any information received that is otherwise

  9         confidential shall remain confidential;

10         providing for disclosure with the consent of

11         the parent or guardian; providing for future

12         review and repeal; providing a finding of

13         public necessity; providing a contingent

14         effective date.

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

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18         Section 1.  Paragraph (g) is added to subsection (4) of

19  section 411.01, Florida Statutes, to read:

20         411.01  Florida Partnership for Children First, Inc.;

21  Children First Coalitions.--

22         (4)  FLORIDA PARTNERSHIP FOR CHILDREN FIRST, INC.

23  (CHILDREN FIRST PARTNERSHIP).--

24         (g)  The Florida Partnership for Children First, Inc.,

25  shall have access to federal, state, and local agency records

26  regarding a child upon receipt of permission from a parent or

27  guardian of the child. Any identifying information about the

28  child or the child's family obtained by the Children First

29  Partnership pursuant to this paragraph is confidential and

30  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

31  Constitution. Any information received that is otherwise

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    Florida House of Representatives - 1998                HB 4385

    52-163A-98






  1  confidential and exempt shall remain confidential as provided

  2  by law. Neither the Children First Partnership nor the staff

  3  or agents of the Children First Partnership may release,

  4  without the written consent of the parent or guardian of the

  5  child, to any state or federal agency, to any private business

  6  or person, or to any other entity, any confidential

  7  information received pursuant to this paragraph. This

  8  paragraph is subject to the Open Government Sunset Review Act

  9  of 1995 in accordance with s. 119.15, and shall stand repealed

10  on October 2, 2003, unless reviewed and saved from repeal

11  through reenactment by the Legislature.

12         Section 2.  The Legislature finds that it is a public

13  necessity that any identifying information in records relating

14  to children who are eligible for programs under the

15  jurisdiction of the Florida Partnership for Children First,

16  Inc., be held confidential and exempt from public disclosure.

17  Disclosure of such information would be an invasion of the

18  family's right to privacy and could threaten the welfare of

19  the child. Many of these children are at-risk children with

20  special needs who would be particularly vulnerable to the

21  discrimination that could result from such disclosure. Thus,

22  the harm that would result from disclosure of such information

23  far outweighs any public benefit which could be derived from

24  such disclosure.

25         Section 3.  This act shall take effect on the same date

26  as House Bill      or similar legislation creating s. 411.01,

27  Florida Statutes, takes effect, if such legislation is adopted

28  in the same legislative session or an extension thereof.

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    Florida House of Representatives - 1998                HB 4385

    52-163A-98






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  2                          HOUSE SUMMARY

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      Provides for access to a child's records by the Florida
  4    Partnership for Children First, Inc., and provides an
      exemption from public records requirements for
  5    identifying information in such records. Specifies that
      any information received that is otherwise confidential
  6    shall remain confidential. Provides for disclosure with
      the consent of the parent or guardian. Provides for
  7    future review and repeal. Takes effect contingent upon
      creation of the Florida Partnership for Children First,
  8    Inc.

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