Senate Bill 2420

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    Florida Senate - 2000                                  SB 2420

    By Senator Diaz-Balart





    37-870A-00

  1                      A bill to be entitled

  2         An act relating to confidentiality of records;

  3         amending s. 119.07, F.S.; providing for the

  4         exemption of certain information regarding

  5         personnel, and the families of personnel, of

  6         the Department of Children and Family Services

  7         who provide services to abused, neglected,

  8         abandoned, or exploited children, disabled

  9         adults, and elderly persons; providing for

10         future review and repeal; providing a

11         legislative finding of necessity; providing for

12         the release of certain records by the court in

13         cases involving the death of a child, disabled

14         adult, or elderly person; providing an

15         effective date.

16

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

18

19         Section 1.  Paragraph (i) of subsection (3) of section

20  119.07, Florida Statutes, is amended, paragraph (b) of

21  subsection (7) of that section is amended, and paragraph (d)

22  is added to subsection (7) of that section, to read:

23         119.07  Inspection, examination, and duplication of

24  records; exemptions.--

25         (3)

26         (i)1.  The home addresses, telephone numbers, social

27  security numbers, and photographs of active or former law

28  enforcement personnel, including correctional and correctional

29  probation officers, of personnel, and of the families of such

30  personnel, of the Department of Children and Family Services

31  whose duties include the investigation of abuse, neglect,

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    Florida Senate - 2000                                  SB 2420
    37-870A-00




  1  exploitation, fraud, theft, or other criminal activities, or

  2  the provision of services to abused, neglected, abandoned or

  3  exploited children, disabled adults, and elderly persons, and

  4  of personnel of the Department of Health whose duties are to

  5  support the investigation of child abuse or neglect, and

  6  personnel of the Department of Revenue or local governments

  7  whose responsibilities include revenue collection and

  8  enforcement or child support enforcement, and; the home

  9  addresses, telephone numbers, social security numbers,

10  photographs, and places of employment of the spouses and

11  children of such personnel; and the names and locations of

12  schools and day care facilities attended by the children of

13  such personnel are exempt from the provisions of subsection

14  (1). The home addresses, telephone numbers, and photographs of

15  firefighters certified in compliance with s. 633.35; the home

16  addresses, telephone numbers, photographs, and places of

17  employment of the spouses and children of such firefighters;

18  and the names and locations of schools and day care facilities

19  attended by the children of such firefighters are exempt from

20  subsection (1). The home addresses and telephone numbers of

21  justices of the Supreme Court, district court of appeal

22  judges, circuit court judges, and county court judges; the

23  home addresses, telephone numbers, and places of employment of

24  the spouses and children of justices and judges; and the names

25  and locations of schools and day care facilities attended by

26  the children of justices and judges are exempt from the

27  provisions of subsection (1). The home addresses, telephone

28  numbers, social security numbers, and photographs of current

29  or former state attorneys, assistant state attorneys,

30  statewide prosecutors, or assistant statewide prosecutors; the

31  home addresses, telephone numbers, social security numbers,

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    Florida Senate - 2000                                  SB 2420
    37-870A-00




  1  photographs, and places of employment of the spouses and

  2  children of current or former state attorneys, assistant state

  3  attorneys, statewide prosecutors, or assistant statewide

  4  prosecutors; and the names and locations of schools and day

  5  care facilities attended by the children of current or former

  6  state attorneys, assistant state attorneys, statewide

  7  prosecutors, or assistant statewide prosecutors are exempt

  8  from subsection (1) and s. 24(a), Art. I of the State

  9  Constitution. The home addresses and home telephone numbers of

10  county and municipal code inspectors and code enforcement

11  officers are confidential and exempt from the provisions of

12  subsection (1) and s. 24(a), Art. I of the State Constitution.

13         2.  An agency that is the custodian of the personal

14  information specified in subparagraph 1. and that is not the

15  employer of the officer, employee, justice, judge, or other

16  person specified in subparagraph 1. shall maintain the

17  confidentiality of the personal information only if the

18  officer, employee, justice, judge, other person, or employing

19  agency of the designated employee submits a written request

20  for confidentiality to the custodial agency.

21         (7)

22         (b)  In cases involving serious bodily injury to a

23  child, a disabled adult or an elderly person, and in cases

24  involving the death of a child, a disabled adult or an elderly

25  person when the death has not yet been determined to be the

26  result of abuse, abandonment, or neglect, the Department of

27  Children and Family Services may petition the court for an

28  order for the immediate public release of records of the

29  department which pertain to the investigation of abuse,

30  neglect, abandonment, or exploitation of the child, disabled

31  adult, or elderly person who suffered serious bodily injury or

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    Florida Senate - 2000                                  SB 2420
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  1  death. The petition must be personally served upon the child,

  2  disabled adult, or elderly person, the child's parents or

  3  guardian, the legal guardian of that person, if any, and any

  4  person named as an alleged perpetrator in the report of abuse,

  5  neglect, abandonment, or exploitation. The court must

  6  determine if good cause exists for the public release of the

  7  records sought no later than 24 hours, excluding Saturdays,

  8  Sundays, and legal holidays, after the date the department

  9  filed the petition with the court. If the court has neither

10  granted nor denied the petition within the 24-hour time

11  period, the department may release to the public summary

12  information including:

13         1.  A confirmation that an investigation has been

14  conducted concerning the alleged victim.

15         2.  The dates and brief description of procedural

16  activities undertaken during the department's investigation.

17         3.  The date of each judicial proceeding, a summary of

18  each participant's recommendations made at the judicial

19  proceedings, and the rulings of the court.

20

21  The summary information may not include the name of, or other

22  identifying information with respect to, any person identified

23  in any investigation. In making a determination to release

24  confidential information, the court shall balance the best

25  interests of the disabled adult or elderly person or child who

26  is the focus of the investigation and, in the case of the

27  child, the interests of that child's siblings, together with

28  the privacy rights of other persons identified in the reports

29  against the public interest for access to public records.

30  However, this paragraph does not contravene ss. 39.202 and

31  415.107, which protect the name of any person reporting abuse,

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    Florida Senate - 2000                                  SB 2420
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  1  neglect, or exploitation of a child, a disabled adult, or an

  2  elderly person.

  3         (d)  In cases involving the death of a child, a

  4  disabled adult, or an elderly person, the Department of

  5  Children and Family Services may petition the court for an

  6  order for the immediate public release of records of the

  7  department which pertain to the investigation of abuse,

  8  neglect, abandonment, or exploitation of the child, disabled

  9  adult, or elderly person who died. The department shall

10  personally serve the petition upon the child's parents or

11  guardian, the legal guardian of the disabled adult or elderly

12  person, if any, and any person named as an alleged perpetrator

13  in the report of abuse, neglect, abandonment, or exploitation.

14  The court shall determine whether good cause exists for the

15  public release of the records within 24 hours, excluding

16  Saturdays, Sundays, and legal holidays, from the date the

17  department filed the petition with the court. If the court has

18  neither granted nor denied the petition within the 24-hour

19  time period, the department may release to the public summary

20  information including:

21         1.  A confirmation that an investigation has been

22  conducted concerning the alleged victim.

23         2.  The dates and brief descriptions of procedural

24  activities undertaken during the department's investigation.

25         3.  The date of each judicial proceeding, a summary of

26  each participant's recommendations made at the judicial

27  proceedings, and the ruling of the court.

28

29  In making a determination to release confidential information,

30  the court shall balance the best interests of the disabled

31  adult, elderly person, or child who is the focus of the

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    Florida Senate - 2000                                  SB 2420
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  1  investigation and, in the case of the child, the interest of

  2  that child's siblings, together with the privacy rights of

  3  other persons identified in the reports against the public

  4  interest. However, nothing in this paragraph shall contravene

  5  the provisions of ss. 415.51, 39.202, and 415.107, which

  6  protect the name of any person reporting abuse, neglect, or

  7  exploitation of a child, a disabled adult, or an elderly

  8  person.

  9         Section 2.  The exemption from the public records law

10  of records specified in section 119.07(3)(i)1., Florida

11  Statutes, of personnel, and the families of personnel, of the

12  Department of Children and Family Services who provide

13  services to abused, neglected, abandoned, or exploited

14  children, disabled adults, or elderly persons, as provided in

15  section 1, is subject to the Open Government Sunset Review Act

16  of 1995 in accordance with section 119.15, Florida Statutes,

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

18  and saved from repeal through reenactment by the Legislature.

19         Section 3.  The Legislature finds that it is a public

20  necessity to protect the confidentiality of personal records

21  and information of personnel, and the families of personnel,

22  of the Department of Children and Family Services who provide

23  services to abused, neglected, or exploited children, disabled

24  adults, and elderly persons. The Legislature finds that the

25  release of such information could enable disgruntled persons

26  to harass the personnel of the department and their families.

27  The Legislature further finds that no valid public purpose is

28  served by making such information available to the public.

29         Section 4.  This act shall take effect upon becoming a

30  law.

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    Florida Senate - 2000                                  SB 2420
    37-870A-00




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  2                          SENATE SUMMARY

  3    Provides an exemption from the public records law for
      certain information regarding personnel, and the families
  4    of personnel, of the Department of Children and Family
      Services who provide services to abused, neglected,
  5    abandoned, or exploited children, disabled adults, and
      elderly persons. Provides a finding of necessity.
  6    Provides for future review and repeal. Provides for the
      release by the court of certain records in cases
  7    involving the death of a child, disabled adult, or
      elderly person.
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