Senate Bill 2420c1

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    Florida Senate - 2000                           CS for SB 2420

    By the Committee on Children and Families; and Senator
    Diaz-Balart




    300-2069-00

  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.

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

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

20  paragraph (b) of subsection (7) of section 119.07, Florida

21  Statutes, are amended to read:

22         119.07  Inspection, examination, and duplication of

23  records; exemptions.--

24         (3)

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

26  security numbers, and photographs of active or former law

27  enforcement personnel, including correctional and correctional

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

29  personnel, of the Department of Children and Family Services

30  whose duties include the investigation of abuse, abandonment,

31  neglect, or exploitation, or the provision of services to

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    Florida Senate - 2000                           CS for SB 2420
    300-2069-00




  1  abused, neglected, abandoned or exploited children, disabled

  2  adults, and elderly persons, and of fraud, theft, or other

  3  criminal activities, personnel of the Department of Health

  4  whose duties are to support the investigation of child abuse

  5  or neglect, and personnel of the Department of Revenue or

  6  local governments whose responsibilities include revenue

  7  collection and enforcement or child support enforcement, and;

  8  the home addresses, telephone numbers, social security

  9  numbers, photographs, and places of employment of the spouses

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

11  schools and day care facilities attended by the children of

12  such personnel are exempt from the provisions of subsection

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

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

15  addresses, telephone numbers, photographs, and places of

16  employment of the spouses and children of such firefighters;

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

18  attended by the children of such firefighters are exempt from

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

20  justices of the Supreme Court, district court of appeal

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

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

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

24  and locations of schools and day care facilities attended by

25  the children of justices and judges are exempt from the

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

27  numbers, social security numbers, and photographs of current

28  or former state attorneys, assistant state attorneys,

29  statewide prosecutors, or assistant statewide prosecutors; the

30  home addresses, telephone numbers, social security numbers,

31  photographs, and places of employment of the spouses and

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    Florida Senate - 2000                           CS for SB 2420
    300-2069-00




  1  children of current or former state attorneys, assistant state

  2  attorneys, statewide prosecutors, or assistant statewide

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

  4  care facilities attended by the children of current or former

  5  state attorneys, assistant state attorneys, statewide

  6  prosecutors, or assistant statewide prosecutors are exempt

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

  8  Constitution. The home addresses and home telephone numbers of

  9  county and municipal code inspectors and code enforcement

10  officers are confidential and exempt from the provisions of

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

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

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

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

15  person specified in subparagraph 1. shall maintain the

16  confidentiality of the personal information only if the

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

18  agency of the designated employee submits a written request

19  for confidentiality to the custodial agency.

20         (7)

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

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

23  involving the death of a child, a disabled adult, or an

24  elderly person, including cases when the death has not been

25  determined to be the result of abuse, abandonment, or neglect,

26  the Department of Children and Family Services may petition

27  the court for an order for the immediate public release of

28  records of the department which pertain to the investigation

29  of abuse, neglect, abandonment, or exploitation of the child,

30  disabled adult, or elderly person who suffered serious bodily

31  injury or death. The petition must be personally served upon

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    Florida Senate - 2000                           CS for SB 2420
    300-2069-00




  1  the child, disabled adult, or elderly person, the child's

  2  parents or guardian, the legal guardian of that person, if

  3  any, and any person named as an alleged perpetrator in the

  4  report of abuse, neglect, abandonment, or exploitation. The

  5  court must determine if good cause exists for the public

  6  release of the records sought no later than 24 hours,

  7  excluding Saturdays, Sundays, and legal holidays, after the

  8  date the department filed the petition with the court. If the

  9  court has neither granted nor denied the petition within the

10  24-hour time period, the department may release to the public

11  summary information including:

12         1.  A confirmation that an investigation has been

13  conducted concerning the alleged victim.

14         2.  The dates and brief description of procedural

15  activities undertaken during the department's investigation.

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

17  each participant's recommendations made at the judicial

18  proceedings, and the rulings of the court.

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

21  identifying information with respect to, any person identified

22  in any investigation. In making a determination to release

23  confidential information, the court shall balance the best

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

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

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

27  the privacy rights of other persons identified in the reports

28  against the public interest for access to public records.

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

30  415.107, which protect the name of any person reporting abuse,

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    Florida Senate - 2000                           CS for SB 2420
    300-2069-00




  1  neglect, or exploitation of a child, a disabled adult, or an

  2  elderly person.

  3         Section 2.  The exemption from the public records law

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

  5  Statutes, of personnel, and the families of personnel, of the

  6  Department of Children and Family Services who provide

  7  services to abused, neglected, abandoned, or exploited

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

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

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

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

12  and saved from repeal through reenactment by the Legislature.

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

14  necessity to protect the confidentiality of personal records

15  and information of personnel, and the families of personnel,

16  of the Department of Children and Family Services who provide

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

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

19  release of such information could enable disgruntled persons

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

21  The Legislature further finds that no valid public purpose is

22  served by making such information available to the public.

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

24  law.

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    Florida Senate - 2000                           CS for SB 2420
    300-2069-00




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 2420

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    -     Removes a duplicative provision from the bill regarding
  5        the Department of Children and Family Services
          petitioning the court for the immediate public release
  6        of records concerning the investigation of abuse,
          neglect, abandonment or exploitation of a child,
  7        disabled adult or elderly person who died.

  8  -     Clarifies that the provisions in s. 119.(7)(b), for the
          immediate public release of records pertain to all cases
  9        involving the death of a child, a disabled adult, or an
          elderly person including cases when the death has not
10        been determined to be the result of abuse, abandonment,
          or neglect.
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    -     Removes from s. 119.07(3)(i)1., obsolete language
12        pertaining to the duties of the Department of Children
          and Family Services' protective investigators.
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