Senate Bill 2280

    Florida Senate - 2000                                  SB 2280

    By Senator Mitchell





    4-1438-00

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         39.202, F.S.; providing an exemption from

  4         public records requirements for records held by

  5         a guardian ad litem in cases regarding

  6         allegations of child abuse, neglect, or

  7         abandonment; providing for future review and

  8         repeal; providing a finding of public

  9         necessity; providing a contingent effective

10         date.

11

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

13

14         Section 1.  Present subsections (5), (6), and (7) of

15  section 39.202, Florida Statutes, are renumbered as

16  subsections (6), (7), and (8), respectively, and a new

17  subsection (5) is added to that section to read:

18         39.202  Confidentiality of reports and records in cases

19  of child abuse or neglect.--

20         (5)  All records held by a guardian ad litem in cases

21  regarding allegations of abuse, neglect, or abandonment of a

22  child, pursuant to this chapter, are confidential and exempt

23  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

24  the State Constitution, and shall not be disclosed except as

25  otherwise provided by this chapter or as required by the

26  court. This section is subject to the Open Government Review

27  Act of 1995 in accordance with s. 119.15, and shall stand

28  repealed on October 2, 2005, unless reviewed and saved from

29  repeal through reenactment by the Legislature.

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

31  necessity that all records and reports held by the guardian ad

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






    Florida Senate - 2000                                  SB 2280
    4-1438-00




  1  litem in cases regarding allegations of abuse, neglect, or

  2  abandonment of a child, pursuant to chapter 39, Florida

  3  Statutes, be held confidential and exempt from public

  4  disclosure in order to protect information of a sensitive

  5  personal nature concerning the child and the child's parents

  6  or other persons responsible for the child's welfare. Public

  7  disclosure of such information could jeopardize the safety of

  8  the child and the child's parents or other persons responsible

  9  for the child's welfare, or could be defamatory to such

10  individuals or cause unwarranted damage to the good name or

11  reputation of such individuals. Additionally, allowing for

12  disclosure of such records could impede the effective and

13  efficient administration of the guardian ad litem program by

14  hindering the investigative process and the child advocacy of

15  the guardians ad litem.

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

17  that SB      or similar legislation takes effect if such

18  legislation is adopted in the same legislative session or an

19  extension thereof and becomes law.

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21            *****************************************

22                       LEGISLATIVE SUMMARY

23
      Provides and exemption from public records requirements
24    for records held by a guardian ad litem in cases
      regarding allegations of child abuse, neglect, or
25    abandonment pursuant to ch. 39, F.S. Provides for future
      review and repeal.
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