Senate Bill sb0772er

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    2001 Legislature                  CS for SB 772, 2nd Engrossed



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  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 exceptions; providing for future

  9         legislative review and repeal; providing a

10         finding of public necessity; providing an

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.  (1)  Any information that reveals the

16  identity of applicants for or recipients of child-support

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

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

19  child-support-enforcement agency is confidential and exempt

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

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

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

23  non-Title IV-D county child-support-enfocement agency is

24  limited to the purposes directly connected with:

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

26  civil proceeding connected with the administration of any

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

28         (b)  Mandatory disclosure of identifying and location

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

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

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


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    2001 Legislature                  CS for SB 772, 2nd Engrossed



  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         (d)  Disclosure to an authorized person, as defined in

  5  Title 45 C.F.R. s. 303.15, for purposes of enforcing any state

  6  or federal law with respect to the unlawful taking or

  7  restraint of a child or making or enforcing a child custody or

  8  visitation determination. As used in this paragraph, the term

  9  "authorized person" includes a noncustodial parent, unless a

10  court has entered an order under s. 741.30, s. 741.31, or s.

11  784.046.

12         (2)  The Non-Title IV-D county

13  child-support-enforcement agency shall not disclose

14  information that identifies by name and address an applicant

15  for or recipient of child-support services or the whereabouts

16  of such party or child to another person against whom a

17  protective order with respect to the former party or the child

18  has been entered if the county agency has reason to believe

19  that the release of information to such person could result in

20  physical or emotional harm to the party or the child.

21         (3)  As used in this section, "Non-Title IV-D county

22  child-support-enforcement agency" means a department,

23  division, or other agency of a county government which is

24  operated by the county, excluding local depositories pursuant

25  to section 61.181, Florida Statutes, operated by the clerk of

26  the court, to provide child-support-enforcement and depository

27  services to county residents.

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

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

30  Florida Statutes, and shall stand repealed on October 2, 2006,

31  


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    2001 Legislature                  CS for SB 772, 2nd Engrossed



  1  unless reviewed and saved from repeal through reenactment by

  2  the Legislature.

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

  4  necessity that all identifying information concerning

  5  applicants for and recipients of child support services which

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

  7  support enforcement agency be held confidential and exempt.

  8  The Legislature recognizes that all persons served by a

  9  non-Title IV-D county child support enforcement agency are

10  eligible to receive services from the Department of Revenue,

11  the state's Title IV-D agency. The Legislature further

12  recognizes that information concerning applicants for and

13  recipients of child support services who are served by a

14  non-Title IV-D county child support enforcement agency would

15  otherwise be confidential and exempt from disclosure pursuant

16  to section 409.2579, Florida Statutes, if served by the

17  Department of Revenue. Therefore, because provision of child

18  support services by a non-Title IV-D county child support

19  enforcement agency provides a useful and appropriate

20  alternative to the child support services provided by the

21  state, the Legislature finds that persons served by a

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

23  be entitled to disclosure protections similar to those

24  afforded to persons receiving child support services from the

25  state. Additionally, the Legislature finds that many of the

26  child support enforcement cases handled by a non-Title IV-D

27  county child support enforcement agency are also domestic

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

29  subjected to domestic violence or abuse and fear for their

30  lives and those of their minor children. The Legislature

31  further finds that federal and state law currently prohibit


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    ENROLLED

    2001 Legislature                  CS for SB 772, 2nd Engrossed



  1  the disclosure of information concerning clients served by the

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

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

  4  information may result in physical or emotional harm to the

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

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

  7  support enforcement agencies. Therefore, the Legislature

  8  determines that any benefit that could occur from public

  9  disclosure of the information concerning applicants for or

10  recipients of child support services from non-Title IV-D

11  county child support enforcement agencies is outweighed by the

12  risk of harm to the clients and their children and that there

13  is present need to exempt such information from disclosure

14  under the public-records laws of this state.

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

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