House Bill 4385c1

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







    Florida House of Representatives - 1998             CS/HB 4385

        By the Committee on Children & Family Empowerment and
    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.; providing an exemption from public

  6         records requirements for identifying

  7         information in records relating to children

  8         eligible for programs under the partnership's

  9         jurisdiction; specifying that any information

10         received that is otherwise confidential shall

11         remain confidential; providing for disclosure

12         with the consent of the parent or guardian;

13         providing for future review and repeal;

14         providing a finding of public necessity;

15         providing a contingent effective date.

16

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

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

20  section 411.01, Florida Statutes, to read:

21         411.01  Florida Partnership for Children First, Inc.;

22  Children First Coalitions.--

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

24  (CHILDREN FIRST PARTNERSHIP).--

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

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

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

28  guardian of the child. Any identifying information in records

29  relating to children who are eligible for programs under the

30  jurisdiction of the Children First Partnership is confidential

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

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






    Florida House of Representatives - 1998             CS/HB 4385

    602-125-98






  1  Constitution. Any information received that is otherwise

  2  confidential and exempt shall remain confidential as provided

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

  4  or agents of the Children First Partnership may release,

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

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

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

  8  information received pursuant to this paragraph. This

  9  paragraph is subject to the Open Government Sunset Review Act

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

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

12  through reenactment by the Legislature.

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

14  necessity that any identifying information in records relating

15  to children who are eligible for programs under the

16  jurisdiction of the Florida Partnership for Children First,

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

18  Disclosure of such information would be an invasion of the

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

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

21  special needs who would be particularly vulnerable to the

22  discrimination that could result from such disclosure. Thus,

23  the harm that would result from disclosure of such information

24  far outweighs any public benefit which could be derived from

25  such disclosure.

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

27  as s. 411.01, Florida Statutes, takes effect, if Committee

28  Substitute for House Bills 683 and 2131 or similar legislation

29  creating said section is adopted in the same legislative

30  session or an extension thereof.

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