HB 1969

1	A bill to be entitled
2	An act relating to a public records exemption for
3	identifying information; amending s. 119.07, F.S.;
4	providing that certain information that would reveal the
5	identity of a child is exempt from the requirement that
6	public records be open to inspection, examination, and
7	duplication; providing for future legislative review and
8	repeal under the Open Government Sunset Review Act of
9	1995; providing a statement of public necessity; providing
10	an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Paragraph (hh) is added to subsection (3) of
15	section 119.07, Florida Statutes, to read:
16	119.07  Inspection, examination, and duplication of
17	records; exemptions.--
18	(3)
19	(hh)  Any information provided to a children's services
20	council or other similarly named entity created under s.
21	125.901, to the Children's Services Council of Broward County
22	created under chapter 2000-461, Laws of Florida, or to the
23	Juvenile Welfare Board of Pinellas County codified under chapter
24	2003-320, Laws of Florida, or to their service providers or
25	researchers as part of a contract with such council, board, or
26	similarly named entity, regarding the provision of services to,
27	or research concerning, children that reveals the identity of
28	any child is exempt from subsection (1) and s. 24(a), Art. I of
29	the State Constitution. For purposes of this paragraph,
30	information that reveals the identity of a child includes the
31	name, address, telephone number, social security number, or
32	photograph of the child or of the parent or legal guardian of
33	the child that would identify or reasonably lead to the
34	identification of any child, either directly or indirectly,
35	including the identification of the parent or guardian of the
36	child. This paragraph is subject to the Open Government Sunset
37	Review Act of 1995 in accordance with s. 119.15, and shall stand
38	repealed on October 2, 2009, unless reviewed and saved from
39	repeal through reenactment by the Legislature.
40	Section 2.  The Legislature finds, as a matter of public
41	necessity, that any information provided to a children's
42	services council, juvenile welfare board, other similarly named
43	entity, or their contracted service providers or researchers,
44	regarding the provision of services to, or research concerning,
45	children that reveals the identity of any child must be held
46	exempt from s. 119.07(1), Florida Statutes, and s. 24(a), Art. I
47	of the State Constitution. The Legislature finds that public
48	disclosure, examination, inspection, or duplication of such
49	information that reveals the identity of a child, including
50	names, addresses, telephone numbers, social security numbers, or
51	photographs that would identify, or reasonably lead to the
52	identification of, any child, either directly or through the
53	identification of the parent or guardian of the child, would be
54	contrary to the state's compelling interest in protecting the
55	public safety. The Legislature finds that it is necessary to
56	provide exempt status for such information in order to minimize
57	any opportunity for the use of such information to facilitate
58	stalking, harassment, abduction, or abuse of any child who is
59	the subject of such information. The Legislature finds that this
60	interest outweighs any public benefit derived from releasing
61	such identifying information. The Legislature further finds that
62	nonidentifying information regarding services provided to, or
63	research concerning, children shall not be exempted from
64	disclosure by this act.
65	Section 3.  This act shall take effect July 1, 2004.

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