| 1 | A bill to be entitled |
| 2 | An act relating to a public records exemption for |
| 3 | identifying information; amending s. 125.901, F.S.; |
| 4 | providing that personal identifying information of a child |
| 5 | or the child's parent or guardian held by a children's |
| 6 | services council, juvenile welfare board, or other similar |
| 7 | entity is exempt from the requirement that public records |
| 8 | be open to inspection and duplication; providing for |
| 9 | retroactive application; providing for future legislative |
| 10 | review and repeal under the Open Government Sunset Review |
| 11 | Act of 1995; providing a statement of public necessity; |
| 12 | providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Subsection (11) is added to section 125.901, |
| 17 | Florida Statutes, to read: |
| 18 | 125.901 Children's services; independent special district; |
| 19 | council; powers, duties, and functions.-- |
| 20 | (11)(a) Personal identifying information concerning a |
| 21 | child or the child's parent or guardian held by a children's |
| 22 | services council, juvenile welfare board, or other similar |
| 23 | entity created under this section or by special law, or held by |
| 24 | a service provider or researcher under contract with such |
| 25 | entity, is exempt from s. 119.07(1) and s. 24(a), Art. I of the |
| 26 | State Constitution. This exemption applies to such personal |
| 27 | identifying information held on, before, or after the effective |
| 28 | date of this exemption. |
| 29 | (b) This subsection is subject to the Open Government |
| 30 | Sunset Review Act of 1995 in accordance with s. 119.15, and |
| 31 | shall stand repealed on October 2, 2009, unless reviewed and |
| 32 | saved from repeal through reenactment by the Legislature. |
| 33 | Section 2. The Legislature finds, as a matter of public |
| 34 | necessity, that personal identifying information concerning a |
| 35 | child or the child's parent or guardian held by a children's |
| 36 | services council, juvenile welfare board, or other similar |
| 37 | entity created under s. 125.901, Florida Statutes, or by special |
| 38 | law, or held by a service provider or researcher under contract |
| 39 | with such entity, must be exempt from s. 119.07(1), Florida |
| 40 | Statutes, and s. 24(a), Art. I of the State Constitution. The |
| 41 | Legislature finds that public availability of information that |
| 42 | directly reveals the identity of a child, or that indirectly |
| 43 | identifies the child through the identification of the child's |
| 44 | parent or guardian, would be contrary to the state's compelling |
| 45 | interest in protecting the public safety. The Legislature finds |
| 46 | that it is necessary to exempt such personal identifying |
| 47 | information so that such information cannot be used to |
| 48 | facilitate stalking, harassment, abduction, or abuse of any |
| 49 | child who is the subject of such information. The Legislature |
| 50 | finds that this interest outweighs any public benefit derived |
| 51 | from releasing such identifying information. The Legislature |
| 52 | further finds that nonidentifying information regarding services |
| 53 | provided to, or research concerning, children shall not be |
| 54 | exempted from disclosure by this act. |
| 55 | Section 3. This act shall take effect July 1, 2004. |