Senate Bill 0506c1
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Florida Senate - 1998 CS for SB 506
By the Committee on Children, Families and Seniors and Senator
Rossin
300-1132-98
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; creating ss.
20 381.0022, 402.115, F.S.; providing for the
21 sharing of confidential or exempt information
22 between the Department of Health and the
23 Department of Children and Family Services;
24 providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
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28 Section 1. Subsection (7) of section 119.07, Florida
29 Statutes, is amended to read:
30 119.07 Inspection, examination, and duplication of
31 records; exemptions.--
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Florida Senate - 1998 CS for SB 506
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1 (7)(a) Any person or organization, including the
2 Department of Children and Family Health and Rehabilitative
3 Services, may petition the court for an order making public
4 the records of the Department of Children and Family Health
5 and Rehabilitative Services that pertain to investigations of
6 alleged abuse, neglect, abandonment, or exploitation of a
7 child, a disabled adult, or an elderly person. The court shall
8 determine if good cause exists for public access to the
9 records sought or a portion thereof. In making this
10 determination, the court shall balance the best interest of
11 the disabled adult, elderly person, or child who is the focus
12 of the investigation, and in the case of the child, the
13 interest of that child's siblings, together with the privacy
14 right of other persons identified in the reports against the
15 public interest. The public interest in access to such records
16 is reflected in s. 119.01(1), and includes the need for
17 citizens to know of and adequately evaluate the actions of the
18 Department of Children and Family Health and Rehabilitative
19 Services and the court system in providing disabled adults,
20 elderly persons, and children of this state with the
21 protections enumerated in ss. 415.101 and 415.502. However,
22 nothing in this subsection does not shall contravene the
23 provisions of ss. 415.51 and 415.107, which protect the name
24 of any person reporting the abuse, neglect, or exploitation of
25 a child, a disabled adult, or an elderly person.
26 (b)1. In cases involving the death of a disabled adult
27 or an elderly person as the result of abuse, neglect, or
28 exploitation, there shall be a presumption that the best
29 interest of the disabled adult or elderly person and the
30 public interest will be served by full public disclosure of
31 the circumstances of the investigation of the death and any
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Florida Senate - 1998 CS for SB 506
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1 other investigation concerning the disabled adult or elderly
2 person.
3 2. In cases involving the death of a child as the
4 result of abuse, neglect, or abandonment, there shall be a
5 presumption that the best interest of the child and the
6 child's siblings and the public interest will be served by
7 full public disclosure of the circumstances of the
8 investigation of the death of the child and any other
9 investigation concerning the child and the child's siblings.
10 (b)(c) In cases involving serious bodily injury to a
11 child, a disabled adult or an elderly person, the Department
12 of Children and Family Health and Rehabilitative Services may
13 petition the court for an order for the immediate public
14 release of records of the department which pertain to the
15 investigation of abuse, neglect, abandonment, or exploitation
16 of the child, disabled adult, or elderly person who suffered
17 serious bodily injury. The petition must be personally served
18 upon the child, disabled adult, or elderly person, the child's
19 parents or guardian, the legal guardian of that person, if
20 any, and any person named as an alleged perpetrator in the
21 report of abuse, neglect, abandonment, or exploitation. The
22 court must determine if good cause exists for the public
23 release of the records sought no later than 24 hours,
24 excluding Saturdays, Sundays, and legal holidays, after from
25 the date the department filed the petition with the court. If
26 the court has neither granted nor denied the petition within
27 the 24-hour time period, the department may release to the
28 public summary information including:
29 1. A confirmation that an investigation has been
30 conducted concerning the alleged victim.
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1 2. The dates and brief description of procedural
2 activities undertaken during the department's investigation.
3 3. The date of each judicial proceeding, a summary of
4 each participant's recommendations made at the judicial
5 proceedings, and the rulings of the court.
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7 The summary information may not include the name of, or other
8 identifying information with respect to, any person identified
9 in any investigation. In making a determination to release
10 confidential information, the court shall balance the best
11 interests of the disabled adult or elderly person or child who
12 is the focus of the investigation and, in the case of the
13 child, the interests of that child's siblings, together with
14 the privacy rights of other persons identified in the reports
15 against the public interest for access to public records.
16 However, nothing in this paragraph does not shall contravene
17 the provisions of ss. 415.51 and 415.107, which protect the
18 name of any person reporting abuse, neglect, or exploitation
19 of a child, a disabled adult, or an elderly person.
20 (d) In cases involving the death of a child or a
21 disabled adult or an elderly person, the Department of Health
22 and Rehabilitative Services may petition the court for an
23 order for the immediate public release of records of the
24 department which pertain to the investigation of abuse,
25 neglect, abandonment, or exploitation of the child, disabled
26 adult, or elderly person who died. The department must
27 personally serve the petition upon the child's parents or
28 guardian, the legal guardian of the disabled adult or elderly
29 person, if any, and any person named as an alleged perpetrator
30 in the report of abuse, neglect, abandonment, or exploitation.
31 The court must determine if good cause exists for the public
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Florida Senate - 1998 CS for SB 506
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1 release of the records sought no later than 24 hours,
2 excluding Saturdays, Sundays, and legal holidays, from the
3 date the department filed the petition with the court. If the
4 court has neither granted nor denied the petition within the
5 24-hour time period, the department may release to the public
6 summary information including:
7 1. A confirmation that an investigation has been
8 conducted concerning the alleged victim.
9 2. The dates and brief description of procedural
10 activities undertaken during the department's investigation.
11 3. The date of each judicial proceeding, a summary of
12 each participant's recommendations made at the judicial
13 proceedings, and the ruling of the court.
14
15 In making a determination to release confidential information,
16 the court shall balance the best interests of the disabled
17 adult or elderly person or child who is the focus of the
18 investigation and, in the case of the child, the interest of
19 that child's siblings, together with the privacy right of
20 other persons identified in the reports against the public
21 interest. However, nothing in this paragraph shall contravene
22 the provisions of ss. 415.51 and 415.107, which protect the
23 name of any person reporting abuse, neglect, or exploitation
24 of a child, a disabled adult, or an elderly person.
25 (c)(e) When the court determines that good cause for
26 public access exists, the court shall direct that the
27 department redact the name of and other identifying
28 information with respect to any person identified in any
29 unfounded report or proposed confirmed report or report closed
30 without classification, or in any report that has not yet been
31 classified pursuant to s. 415.1045(7), until such time as the
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1 court finds that there is probable cause to believe that the
2 person identified committed an act of alleged abuse, neglect,
3 or abandonment.
4 Section 2. Paragraph (b) of subsection (1) of section
5 415.107, Florida Statutes, is repealed, and paragraph (l) is
6 added to subsection (2) of said section to read:
7 415.107 Confidentiality of reports and records.--
8 (2) Access to all records, excluding the name of the
9 reporter which shall be released only as provided in
10 subsection (6), shall be granted only to the following
11 persons, officials, and agencies:
12 (l) Any person in the event of the death of a disabled
13 adult or elderly person determined to be a result of abuse,
14 neglect, or exploitation. Information identifying the person
15 reporting abuse, neglect, or exploitation may not be released.
16 Any information otherwise made confidential or exempt by law
17 may not be released pursuant to this paragraph.
18 Section 3. Paragraph (b) of subsection (1) of section
19 415.51, Florida Statutes, is repealed, and paragraph (n) is
20 added to subsection (2) of said section to read:
21 415.51 Confidentiality of reports and records in cases
22 of child abuse or neglect.--
23 (2) Access to such records, excluding the name of the
24 reporter which shall be released only as provided in
25 subsection (9), shall be granted only to the following
26 persons, officials, and agencies:
27 (n) Any person in the event of the death of a child
28 determined to be a result of abuse, abandonment, or neglect.
29 Information identifying the person reporting abuse,
30 abandonment, or neglect may not be released. Any information
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Florida Senate - 1998 CS for SB 506
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1 otherwise made confidential or exempt by law may not be
2 released pursuant to this paragraph.
3 Section 4. Section 381.0022, Florida Statutes, is
4 created to read:
5 381.0022 Sharing confidential or exempt
6 information.--Notwithstanding any other provision of law to
7 the contrary, the Department of Health and the Department of
8 Children and Family Services may share confidential or exempt
9 information on clients served by both agencies. Information so
10 exchanged remains confidential or exempt as provided by law.
11 Section 5. Section 402.115, Florida Statutes, is
12 created to read:
13 402.115 Sharing confidential or exempt
14 information.--Notwithstanding any other provision of law to
15 the contrary, the Department of Health and the Department of
16 Children and Family Services may share confidential or exempt
17 information on clients served by both agencies. Information so
18 exchanged remains confidential or exempt as provided by law.
19 Section 6. This act shall take effect upon becoming a
20 law.
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22 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
23 Senate Bill 506
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25 Sections are created within chapters 381 and 402,F.S., to
allow the sharing of confidential or exempt information
26 regarding clients of both the Departments of Health and
Children and Family Services.
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