HB 1593 2003
1	A bill to be entitled
2	An act relating to a public records exemption for
3	information regarding foster parent applicants and
4	licensed foster parents; amending s. 409.175, F.S.;
5	expanding the exemption to include foster parent
6	applicants and medical records of licensed foster parents
7	and foster parent applicants; narrowing the exemption to
8	remove information contained in neighbor references;
9	making exempt the name, address, and telephone number of
10	persons providing character or neighbor references;
11	providing for expiration and retroactive application of
12	the exemptions; clarifying language and making editorial
13	changes; providing for future review and repeal of the
14	exemptions; providing a statement of public necessity;
15	providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1. Notwithstanding the October 2, 2003, repeal of
20	said subsection scheduled pursuant to the Open Government Sunset
21	Review Act of 1995, subsection (16) of section 409.175, Florida
22	Statutes, is amended to read:
23	409.175 Licensure of family foster homes, residential
24	child-caring agencies, and child-placing agencies; public
25	records exemption.--
26	(16)(a) The following information contained in the
27	licensing file held by the Department of Children and Family
28	Services regarding a foster parent applicant and such
29	applicant’s spouse, minor child, and other adult household
30	memberdepartmentis exempt from the provisions of s. 119.07(1)
31	and s. 24(a), Art. I of the State Constitution,unless otherwise
32	ordered by a court: the home, business, work, childcare, or
33	school addresses and, telephone numbers;,social security
34	numbers;, birthdates;,medical records; the floor plan of the
35	home; and photographs of such persons. If a foster parent
36	applicant does not receive a foster parent license, the
37	information made exempt pursuant to this paragraph shall become
38	public 5 years after the date of application, except that social
39	security numbers and medical records shall remain exempt from
40	the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
41	Constitution. This exemption applies to information made exempt
42	by this paragraph before, on, or after the effective date of the
43	exemption.
44	(b) The following information held by the Department of
45	Children and Family Services regarding a licensed foster parent
46	and the foster parent’s spouse,who are licensed under this
47	section to be family foster parents and of their spouses, their
48	minor childchildren, and other adult household membermembers
49	is exempt from the provisions of s. 119.07(1) and s. 24(a), Art.
50	I of the State Constitution, unless otherwise ordered by a
51	court: the home, business, work, childcare, or school addresses
52	and telephone numbers; social security numbers; birthdates;
53	medical records; identifying information about such persons in
54	neighbor references; the floor plan of the foster home; and
55	photographs of such persons. If a foster parent’s license is no
56	longer active, the information made exempt pursuant to this
57	paragraph shall become public 5 years after the expiration date
58	of such foster parent’s foster care license, except that social
59	security numbers and medical records shall remain exempt from
60	the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
61	Constitution. However, exempt information regarding a licensed
62	foster parent who has become an adoptive parent and exempt
63	information regarding such foster parent’s spouse, minor child,
64	or other adult household member shall not become available to
65	the public 5 years after expiration of such foster parent’s
66	license and shall remain exempt from the provisions of s.
67	119.07(1) and s. 24(a), Art. I of the State Constitution. This
68	exemption applies to information made exempt by this paragraph
69	before, on, or after the effective date of the exemption.
70	(c) The name, address, and telephone number of persons
71	providing character or neighbor references regarding foster
72	parent applicants or licensed foster parents held by the
73	Department of Children and Family Services are exempt from the
74	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
75	Constitutionand any identifying information about such persons
76	contained in similar sensitive, personal information that is
77	provided to the department by such persons. This subsection
78	applies to foster parents whose homes are licensed under this
79	section, including, but not limited to, all individuals who were
80	foster parents andbecame adoptive parents. This subsection is
81	subject to the Open Government Sunset Review Act of 1995 in
82	accordance with s. 119.15, and shall stand repealed on October
83	2, 2003, unless reviewed and saved from repeal through
84	reenactment by the Legislature.
85	Section 2. Paragraphs (a) and (b) of subsection (16) of s.
86	409.175, Florida Statutes, are subject to the Open Government
87	Sunset Review Act of 1995 in accordance with s. 119.15, Florida
88	Statutes, and shall stand repealed on October 2, 2008, unless
89	reviewed and saved from repeal through reenactment by the
90	Legislature.
91	Section 3. The Legislature finds that it is a public
92	necessity that the public records exemption found in s.
93	409.175(16), Florida Statutes, be expanded to include medical
94	records and certain information regarding foster parent
95	applicants, as well as information regarding a foster parent
96	applicant's spouse, child, and other adult household members, in
97	order to protect information of a sensitive personal nature.
98	Public access to such records could cause harm or embarrassment
99	to an individual and constitutes an unwarranted invasion into an
100	individual's life and personal privacy. The harm from disclosing
101	medical records outweighs any public benefit that can be derived
102	from public access to such records. The Legislature also finds
103	that the public records exemption for medical records is a
104	public necessity because matters of personal health are
105	traditionally private and confidential concerns between a
106	patient and a health care provider. The private and confidential
107	nature of personal health matters pervades both the public and
108	private health care sectors. Furthermore, the public
109	availability of medical records could lessen the willingness of
110	prospective caregivers to reveal medical information, thus
111	hindering the department’s ability to assess foster parent
112	applicants and licensed foster parents and hindering the
113	department’s attempts to make appropriate placements for foster
114	children. The Legislature further finds that it is a public
115	necessity to provide foster parent applicants with the same
116	public records exemption afforded licensed foster parents under
117	s. 409.175(16), Florida Statutes, in order to encourage persons
118	to apply to become licensed foster parents. The public
119	availability of such information regarding foster parent
120	applicants could have a negative, chilling effect on the
121	recruitment of such persons. Accordingly, the public records
122	exemption for such applicant information and for medical records
123	is a public necessity for the effective and efficient operation
124	of the foster care program.
125	Section 4. This act shall take effect upon becoming a law.