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
1
CODING: Words stricken are deletions; words underlined are additions.
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1 shall stand repealed on October 2, 2005, unless reviewed and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.
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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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