House Bill hb0599

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    Florida House of Representatives - 2001                 HB 599

        By Representatives Mack, Sobel, Greenstein, Rich,
    Gottlieb, Seiler, Ritter and Smith





  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from the public records requirements

  4         for information in the possession of a

  5         non-Title IV-D county child support enforcement

  6         agency which reveals the identity of applicants

  7         for and recipients of child support services;

  8         providing for future legislative review and

  9         repeal; providing a finding of public

10         necessity; providing an effective date.

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

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14         Section 1.  (1)  Any information that reveals the

15  identity of applicants for or recipients of child support

16  services, including the name, address, and telephone number of

17  such persons, in the possession of a non-Title IV-D county

18  child support enforcement agency is confidential and exempt

19  from public disclosure pursuant to section 119.07(1), Florida

20  Statutes, and Section 24(a) of Article I of the State

21  Constitution. The use or disclosure of such information by the

22  non-Title IV-D county child support enforcement agency is

23  limited to the purposes directly connected with:

24         (a)  Any investigation, prosecution, or criminal or

25  civil proceeding connected with the administration of any

26  non-Title IV-D county child support enforcement program;

27         (b)  Mandatory disclosure of identifying and location

28  information as provided in section 61.13(9), Florida Statutes,

29  by the non-Title IV-D county child support enforcement agency

30  when providing non-Title IV-D services; or

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    Florida House of Representatives - 2001                 HB 599

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  1         (c)  Mandatory disclosure of information as required by

  2  sections 409.2577, 61.181, 61.1825, and 61.1826, Florida

  3  Statutes, and Title IV-D of the Social Security Act.

  4         (2)  The county child support enforcement agency shall

  5  not disclose information that identifies by name and address

  6  an applicant for or recipient of child support services or the

  7  whereabouts of such party or child to another person against

  8  whom a protective order with respect to the former party or

  9  the child has been entered if the county agency has reason to

10  believe that the release of information to such person could

11  result in physical or emotional harm to the party or the

12  child.

13         (3)  As used in this section, "county child support

14  enforcement agency" means a department, division, or other

15  agency of a county government which is operated by the county

16  to provide child support enforcement services to county

17  residents.

18         (4)  This section is subject to the Open Government

19  Sunset Review Act of 1995 in accordance with section 119.15,

20  Florida Statutes, and shall stand repealed on October 2, 2005,

21  unless reviewed and saved from repeal through reenactment by

22  the Legislature.

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

24  necessity to exempt from disclosure pursuant to section

25  119.07(1), Florida Statutes, and Section 24 of Article I of

26  the State Constitution all identifying information concerning

27  applicants for and recipients of child support services which

28  is in the possession of any non-Title IV-D county child

29  support enforcement agency. The Legislature recognizes that

30  all persons served by a non-Title IV-D county child support

31  enforcement agency are eligible to receive services from the

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    Florida House of Representatives - 2001                 HB 599

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  1  Department of Revenue, the state's Title IV-D agency. The

  2  Legislature further recognizes that information concerning

  3  applicants for and recipients of child support services who

  4  are served by these county agencies would otherwise be exempt

  5  from disclosure pursuant to section 409.2579, Florida

  6  Statutes, if served by the Department of Revenue. Therefore,

  7  because provision of child support services by such county

  8  agencies provides a useful and appropriate alternative to the

  9  child support services provided by the state, the Legislature

10  finds that persons served by such county agencies should be

11  entitled to similar disclosure protections afforded to persons

12  receiving child support services from the state. Additionally,

13  the Legislature finds that many of the child support

14  enforcement cases handled by these agencies are also domestic

15  violence cases. In such cases, agency clients have been

16  subjected to domestic violence or abuse and fear for their

17  lives and those of their minor children. The Legislature

18  further finds that federal and state law currently prohibit

19  the disclosure of information concerning clients served by the

20  Title IV-D cases when a protective order has been issued or

21  the Title IV-D agency has reason to believe that disclosure of

22  information may result in physical or emotional harm to the

23  client or child, and the Legislature wishes to extend similar

24  protections to the clients of non-Title IV-D county child

25  support enforcement agencies. Therefore, the Legislature

26  determines that any benefit that could occur from public

27  disclosure of the information concerning applicants for or

28  recipients of child support services from county child support

29  enforcement agencies is outweighed by the risk of harm to the

30  clients and their children and that there is present need to

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    Florida House of Representatives - 2001                 HB 599

    780-100-01






  1  exempt such information from disclosure under the public

  2  records laws of this state.

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

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  6                          SENATE SUMMARY

  7    Provides an exemption from the public records
      requirements for information that reveals the identity of
  8    applicants and recipients of child support services in
      the possession of a non-Title IV-D county child support
  9    enforcement agency. Provides for future legislative
      review and repeal. Provides a finding of public
10    necessity.

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