Senate Bill sb2082e1

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    SB 2082                                        First Engrossed



  1                      A bill to be entitled

  2         An act relating to a public records exemption;

  3         amending s. 119.07, F.S.; providing an

  4         exemption from public records requirements for

  5         information that would identify or help to

  6         locate a child who participates in

  7         government-sponsored recreation programs or

  8         camps or the parents or guardians of such

  9         child, including, but not limited to, the name,

10         home address, telephone number, social security

11         number, and photograph of such child, and the

12         names and locations of schools attended by such

13         child, and the names, home addresses, telephone

14         numbers, and social security numbers of the

15         parents or guardians of such child; providing

16         for disclosure of such information by court

17         order upon a showing of good cause; providing

18         for retroactive effect of the exemption;

19         providing for future review and repeal of the

20         exemption; providing a statement of public

21         necessity; providing an effective date.

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

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25         Section 1.  Paragraph (hh) is added to subsection (3)

26  of section 119.07, Florida Statutes, to read:

27         119.07  Inspection, examination, and duplication of

28  records; exemptions.--

29         (3)

30         (hh)  Any information that would identify or help to

31  locate a child who participates in government-sponsored


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






    SB 2082                                        First Engrossed



 1  recreation programs or camps or the parents or guardians of

 2  such child, including, but not limited to, the name, home

 3  address, telephone number, social security number, or

 4  photograph of the child and the names, home addresses, and

 5  social security numbers of parents or guardians of such child,

 6  is exempt from subsection (1) and s. 24(a), Art. I of the

 7  State Constitution. Information made exempt pursuant to this

 8  paragraph may be disclosed by court order upon a showing of

 9  good cause. This exemption applies to records held before, on,

10  or after the effective date of this exemption.

11         Section 2.  Paragraph (hh) of subsection (3) of section

12  119.07, Florida Statutes, is subject to the Open Government

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

14  Florida Statutes, and shall stand repealed on October 2, 2009,

15  unless reviewed and saved from repeal through reenactment by

16  the Legislature.

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

18  necessity that any information that would identify or help to

19  locate a child who participates in government-sponsored

20  recreation programs or camps or the parents or guardians of

21  such child, including, but not limited to, the name, home

22  address, telephone number, social security number, and

23  photograph of such child, the names, home addresses, and

24  social security numbers of the parents or guardians of such

25  child, be held exempt from public records requirements because

26  revealing such information could create the opportunity for

27  stalking, harassment, abduction, or abuse of such children.

28  Information that identifies a parent or guardian of such a

29  child could be used indirectly to lead to the location of the

30  child. As the public availability of this information could

31  create the opportunity for stalking, harassment, abduction, or


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    SB 2082                                        First Engrossed



 1  abuse of these children, it would be contrary to the state's

 2  compelling interest in preserving the public safety to permit

 3  the release of such information. Protecting such personal

 4  information of these children and their parents or guardians

 5  helps to minimize the opportunity for stalking, harassment,

 6  abduction, or abuse and thus it is a public necessity that

 7  such information be held confidential and exempt from public

 8  records requirements.

 9         Section 4.  This act shall take effect upon becoming a

10  law.

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