House Bill 2123e1

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                                      HB 2123, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from the public records requirements

  4         for information that reveals the identify of

  5         applicants and recipients of child-support

  6         services in the possession of a non-Title IV-D

  7         county child-support-enforcement agency;

  8         providing for future legislative review and

  9         repeal; providing a finding of public

10         necessity; providing an effective date.

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

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14         Section 1.  (1)  Any information that reveals the

15  identity of applicants for or recipients of child-support

16  services, including the name, address, and telephone number of

17  such persons, in the possession of a non-Title IV-D county

18  child-support-enforcement agency is confidential and exempt

19  from public disclosure pursuant to section 119.07(1), Florida

20  Statutes, and Section 24(a) of Article I of the State

21  Constitution. The use or disclosure of such information by the

22  non-Title IV-D county child-support-enfocement agency is

23  limited to the purposes directly connected with:

24         (a)  Any investigation, prosecution, or criminal or

25  civil proceeding connected with the administration of any

26  non-Title IV-D county child-support-enforcement program; and

27         (b)  Mandatory disclosure of identifying and location

28  information as provided in section 61.13(9), Florida Statutes,

29  by the non-Title IV-D county child-support-enforcement agency

30  when providing non-Title IV-D services.

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                                      HB 2123, First Engrossed/ntc



  1         (c)  Mandatory disclosure of information as required by

  2  sections 409.2577, 61.181, 61.1825, and 61.1826, Florida

  3  Statutes, and Title IV-D of the Social Security Act.

  4         (2)  The county child-support-enforcement agency shall

  5  not disclose information that identifies by name and address

  6  an applicant or recipient of child-support services or the

  7  whereabouts of such party or child to another person against

  8  whom a protective order with respect to the former party or

  9  the child has been entered if the county agency has reason to

10  believe that the release of information to such person could

11  result in physical or emotional harm to the party or the

12  child.

13         (3)  As used in this section, "county child support

14  enforcement agency" means a department, division, or other

15  agency of a county government which is operated by such county

16  to provide child support enforcement services to county

17  residents.

18         (4)  This section is subject to the Open Government

19  Sunset Review Act of 1995 in accordance with section 119.15,

20  Florida Statutes, and shall stand repealed on October 2, 2005,

21  unless reviewed and saved from repeal through reenactment by

22  the Legislature.

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

24  necessity to exempt from disclosure pursuant to section

25  119.07(1), Florida Statutes, and Section 24 of Article I of

26  the State Constitution, all identifying information concerning

27  applicants for and recipients of child-support services which

28  is in the possession of non-Title IV-D county

29  child-support-enforcement agencies. The Legislature recognizes

30  that all persons served by a non-Title IV-D county

31  child-support-enforcement agency are eligible to receive


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                                      HB 2123, First Engrossed/ntc



  1  services from the Department of Revenue, the state's Title

  2  IV-D agency. The Legislature further recognizes that

  3  information concerning applicants for and recipients of

  4  child-support services who are served by these county agencies

  5  would otherwise be exempt from disclosure pursuant to section

  6  409.2579, Florida Statutes, if served by the Department of

  7  Revenue. Therefore, because provision of child-support

  8  services by such county agencies provides a useful and

  9  appropriate alternative to the child-support services provided

10  by the state, the Legislature finds that persons served by

11  such county agencies should be entitled to similar disclosure

12  protections afforded to persons receiving child-support

13  services from the state. Additionally, the Legislature finds

14  that many of the child-support-enforcement cases handled by

15  these agencies are also domestic violence cases. In such

16  cases, agency clients have been subjected to domestic violence

17  or abuse and fear for their lives and those of their minor

18  children. The Legislature further finds that federal and state

19  law currently prohibit the disclosure of information

20  concerning clients served by the Title IV-D cases when a

21  protective order has been issued or the Title IV-D agency has

22  reason to believe that disclosure of information may result in

23  physical or emotional harm to the client or child and wishes

24  to extend similar protections to the clients of non-Title IV-D

25  county child-support-enforcement agencies. Therefore, the

26  Legislature determines that public disclosure, of the

27  information concerning applicants for, or recipients of

28  child-support services from county child-support-enforcement

29  agencies is outweighed by the risk of harm to the persons and

30  children and that there is present need to exempt such

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                                      HB 2123, First Engrossed/ntc



  1  information from disclosure under the public records laws of

  2  this state.

  3         Section 3.  This act shall take effect July 1, 2000.

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