House Bill hb1663

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    Florida House of Representatives - 2002                HB 1663

        By Representative Greenstein






  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         943.0596, F.S.; providing an exemption from

  4         public-records requirements for investigative

  5         incident reports that are ordered sealed by a

  6         court; providing certain exceptions; exempting

  7         information relating to the existence of a

  8         sealed investigative incident report from

  9         public-records requirements; providing for the

10         release of such information for specified

11         purposes of employment or licensing;

12         prohibiting the unlawful release of

13         information; providing a penalty; providing for

14         future legislative review and repeal; providing

15         a statement of public necessity; providing a

16         contingent effective date.

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

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20         Section 1.  Section 943.0596, Florida Statutes, is

21  created to read:

22         943.0596  Confidentiality of sealed investigative

23  incident reports; exceptions.--

24         (1)  An investigative incident report of a minor or an

25  adult which is ordered sealed by a court of competent

26  jurisdiction pursuant to s. 943.0595 is confidential and

27  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

28  Constitution and is available only to the person who is the

29  subject of the report, to the subject's attorney, to criminal

30  justice agencies for their respective criminal justice

31  

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    Florida House of Representatives - 2002                HB 1663

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  1  purposes, or to the appropriate licensing or employment entity

  2  if the subject of the report is:

  3         (a)  A candidate for employment with a criminal justice

  4  agency;

  5         (b)  A candidate for admission to The Florida Bar;

  6         (c)  Seeking to be employed or licensed by or to

  7  contract with the Department of Children and Family Services

  8  or the Department of Juvenile Justice or to be employed or

  9  used by such contractor or licensee in a sensitive position

10  having direct contact with children, the developmentally

11  disabled, the aged, or the elderly as provided in s.

12  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

13  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

14  415.103, s. 985.407, or chapter 400; or

15         (d)  Seeking to be employed or licensed by the Office

16  of Teacher Education, Certification, Staff Development, and

17  Professional Practices of the Department of Education, any

18  district school board, or any local governmental entity that

19  licenses child care facilities.

20         (2)  Information relating to the existence of a sealed

21  investigative incident report is confidential and exempt from

22  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,

23  except that the agency that prepared the investigative

24  incident report shall disclose the sealed investigative

25  incident report to the entities set forth in paragraphs

26  (1)(a), (b), (c), and (d) for their respective licensing and

27  employment purposes. It is unlawful for any employee of an

28  entity set forth in paragraph (1)(a), subparagraph (1)(b),

29  subparagraph (1)(c), or subparagraph (1)(d) to disclose

30  information relating to the existence of a sealed

31  investigative incident report of a person seeking employment

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    Florida House of Representatives - 2002                HB 1663

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  1  or licensure with such entity or contractor except to the

  2  person to whom the investigative incident report relates or to

  3  persons having direct responsibility for employment or

  4  licensure decisions. Any person who violates this subsection

  5  commits a misdemeanor of the first degree, punishable as

  6  provided in s. 775.082 or s. 775.083.

  7         (3)  This section is subject to the Open Government

  8  Sunset Review Act of 1995 in accordance with s. 119.15, and

  9  shall stand repealed on October 2, 2007, unless reviewed and

10  saved from repeal through reenactment by the Legislature.

11         Section 2.  The Legislature finds it is a public

12  necessity that an investigative incident report that is

13  ordered sealed by a court be made confidential and exempt from

14  section 119.07(1), Florida Statutes, and section 24(a) of

15  Article I of the State Constitution, except as otherwise

16  provided by law. The Legislature further finds that the public

17  policy provided by the creation of section 943.0595, Florida

18  Statutes, will be best served if the confidentiality of a

19  sealed investigative incident report is maintained and a

20  report released only for the limited purposes of licensing or

21  employment.

22         Section 3.  This act shall take effect on the same date

23  that Senate Bill ____ or similar legislation takes effect, if

24  such legislation is adopted in the same legislative session or

25  an extension thereof.

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    Florida House of Representatives - 2002                HB 1663

    706-145-02






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  2                          SENATE SUMMARY

  3    Provides that an investigative incident report that is
      ordered sealed by a court is confidential and exempt from
  4    the public records law. Provides for the limited release
      of such information if the subject of the report is
  5    seeking employment with a criminal justice agency; is a
      candidate for admission to The Florida Bar; or is seeking
  6    employment or licensing for a position that involves
      contact with children, the disabled, or the elderly.
  7    Provides that it is a first-degree misdemeanor to
      disclose an investigative incident report to an
  8    unauthorized person. Provides for future legislative
      review and repeal of the act. (See bill for details.)
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