Senate Bill sb2006

    Florida Senate - 2001                                  SB 2006

    By Senator Cowin





    11-1126-01

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         985.412, F.S.; providing an exemption for

  4         certain records of the juvenile justice quality

  5         assurance review process; providing for future

  6         repeal and prior legislative review of the

  7         exemption; providing the public necessity for

  8         the exemption; providing an effective date.

  9  

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

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12         Section 1.  Subsection (3) is added to section 985.412,

13  Florida Statutes, to read:

14         985.412  Quality assurance.--

15         (3)  The quality-assurance report for an individual

16  juvenile justice program or service becomes a public record

17  when the report becomes final. The report becomes final when

18  it is presented to the unit of local or state government or to

19  the provider organization that is under contract to provide

20  the service or program. All work papers and documentation of

21  the quality-assurance review by the department are

22  confidential and exempt from the provisions of s. 119.07(1)

23  and s. 24(a), Art. I of the State Constitution until the

24  report is completed and becomes final. This subsection does

25  not prohibit the department from providing such information to

26  any law enforcement agency or to any other regulatory agency.

27  In accordance with s. 119.15, the Open Government Sunset

28  Review Act of 1995, the exemption provided in this subsection

29  expires October 2, 2006, unless it is reviewed and reenacted

30  by the Legislature before that date.

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






    Florida Senate - 2001                                  SB 2006
    11-1126-01




  1         Section 2.  The Legislature finds that exempting from

  2  the public records law the draft report and the work papers

  3  and documents relating to the juvenile justice quality

  4  assurance reviews required by section 985.412, Florida

  5  Statutes, is a public necessity in that the harm done by

  6  releasing such information outweighs any public benefit

  7  derived from releasing the information. Uncontrolled

  8  dissemination of the review and documentation could result in

  9  the infringement of the right to privacy of individual youths

10  within the programs that are subject to review and could lead

11  to attempts to influence the results of the report before it

12  becomes final.

13         Section 3.  This act shall take effect July 1, 2001.

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16                          SENATE SUMMARY

17    Provides an exemption from s. 119.07(1) and s. 24(a),
      Art. I of the State Constitution for certain work papers
18    and documentation relating to the quality assurance
      review of juvenile-justice programs by the Department of
19    Juvenile Justice. Provides for repeal of the exemption in
      accordance with the Open Government Sunset Review Act of
20    1995 and for prior legislative review. Provides a
      statement of public necessity for the exemption.
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CODING: Words stricken are deletions; words underlined are additions.