Senate Bill 2280c1

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



    Florida Senate - 2000                           CS for SB 2280

    By the Committee on Children and Families; and Senator
    Mitchell




    300-1995A-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 portions of

  5         records held by a guardian ad litem in cases

  6         regarding allegations of child abuse, neglect,

  7         or abandonment; permitting access to records

  8         for research and audit purposes; providing for

  9         future review and repeal; providing a finding

10         of public necessity; providing a contingent

11         effective date.

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

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

16  section 39.202, Florida Statutes, are renumbered as

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

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

19         39.202  Confidentiality of reports and records in cases

20  of child abuse or neglect.--

21         (5)(a)  Those portions of any record concerning

22  allegations of abuse, neglect, or abandonment of a child which

23  are held by a guardian ad litem pursuant to this chapter and

24  which contain personally identifiable information or would

25  identify a child, the child's parents, or other persons

26  responsible for the child's welfare are confidential and

27  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

28  I of the State Constitution and may not be disclosed except as

29  otherwise provided by this chapter or s. 39.202 or as required

30  by the court. This section is subject to the Open Government

31  Sunset Review Act of 1995 in accordance with s. 119.15, and

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    Florida Senate - 2000                           CS for SB 2280
    300-1995A-00




  1  shall stand repealed on October 2, 2005, unless reviewed and

  2  saved from repeal through reenactment by the Legislature.

  3         (b)  Any person or entity authorized by the court who

  4  is engaged in the use of such records or information for bona

  5  fide academic research or government audit purposes shall be

  6  allowed access to the guardian ad litem records. Such

  7  individual or entity shall maintain the confidentiality of any

  8  information that could identify a child, the child's parents,

  9  or other persons responsible for the child's welfare, and

10  shall comply with all laws and rules governing the use of such

11  records and information for academic research or government

12  audit purposes.

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

14  necessity that those portions of records which are held by the

15  guardian ad litem concerning allegations of abuse, neglect, or

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

17  Statutes, and which would identify a child or persons

18  responsible for the child's welfare be held confidential and

19  exempt from public disclosure in order to protect information

20  of a sensitive personal nature concerning the child and the

21  child's parents or other persons responsible for the child's

22  welfare. Public disclosure of such information could

23  jeopardize the safety of the child, the child's parents, or

24  other persons responsible for the child's welfare or could be

25  defamatory to such individuals or cause unwarranted damage to

26  the good name or reputation of such individuals. Additionally,

27  allowing for disclosure of such records could impede the

28  effective and efficient administration of the guardian ad

29  litem program by hindering the investigative process and the

30  child advocacy of the guardians ad litem.

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






    Florida Senate - 2000                           CS for SB 2280
    300-1995A-00




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

  2  that SB 2282 or similar legislation takes effect if such

  3  legislation is adopted in the same legislative session or an

  4  extension thereof and becomes law.

  5

  6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  7                         Senate Bill 2280

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    -     Modifies the confidentiality and exemption from
10        disclosure of certain information to apply to those
          portions of any records that would identify a child, the
11        child's parent, or other persons responsible for the
          child's welfare instead of applying to all records and
12        reports held by a guardian ad litem.

13  -     Adds access to guardian ad litem records for persons
          authorized by the courts who will use the information
14        for academic research and government audit purposes.

15  -     Modifies the statement of public necessity for the
          exemption from disclosure to reflect portions of any
16        records that would identify a child, the child's parent,
          or other persons responsible for the child's welfare
17        instead of all records and reports held by a guardian ad
          litem.
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