Senate Bill sb2116

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    Florida Senate - 2004                                  SB 2116

    By the Committee on Commerce, Economic Opportunities, and
    Consumer Services




    310-1026A-04

  1                      A bill to be entitled

  2         An act relating to public records; amending ss.

  3         39.201, 39.202, and 119.07, F.S.; conforming

  4         public records exemptions to revised

  5         definitions governing child development

  6         programs and providers; specifying that the

  7         names of child development personnel provided

  8         to central abuse hotline staff for purposes of

  9         reporting child abuse, abandonment, or neglect

10         are confidential; providing that access to

11         records of licensure or approval of certain

12         child development providers may be provided to

13         specified employees, agents, or contractors of

14         the Department of Children and Family Services,

15         the Department of Health, or specified county

16         agencies; providing that the names and

17         locations of child development providers

18         attended by children of certain active or

19         former public officers and employees are

20         confidential; transferring, renumbering, and

21         amending s. 411.011, F.S.; extending an

22         exemption from public records requirements

23         provided for school readiness records to

24         records in certain child development programs,

25         including the voluntary universal

26         prekindergarten education program; extending

27         the exemption to records held by child

28         development providers and certain contractors

29         of school readiness coalitions; providing for

30         future review and repeal; extending the review

31         and repeal date of the public records exemption

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    Florida Senate - 2004                                  SB 2116
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 1         for school readiness records; providing a

 2         statement of public necessity; providing a

 3         contingent effective date.

 4  

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

 6  

 7         Section 1.  Paragraph (b) of subsection (1) of section

 8  39.201, Florida Statutes, is amended to read:

 9         39.201  Mandatory reports of child abuse, abandonment,

10  or neglect; mandatory reports of death; central abuse

11  hotline.--

12         (1)

13         (b)  Reporters in the following occupation categories

14  are required to provide their names to the hotline staff:

15         1.  Physician, osteopathic physician, medical examiner,

16  chiropractic physician, nurse, or hospital personnel engaged

17  in the admission, examination, care, or treatment of persons;

18         2.  Health or mental health professional other than one

19  listed in subparagraph 1.;

20         3.  Practitioner who relies solely on spiritual means

21  for healing;

22         4.  School teacher or other school official or

23  personnel;

24         5.  Social worker, child development personnel as

25  defined in s. 432.01 day care center worker, or other

26  professional child care, foster care, residential, or

27  institutional worker;

28         6.  Law enforcement officer; or

29         7.  Judge.

30  

31  

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    Florida Senate - 2004                                  SB 2116
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 1  The names of reporters shall be entered into the record of the

 2  report, but shall be held confidential and exempt as provided

 3  in s. 39.202.

 4         Section 2.  Paragraph (a) of subsection (2) of section

 5  39.202, Florida Statutes, is amended to read:

 6         39.202  Confidentiality of reports and records in cases

 7  of child abuse or neglect.--

 8         (2)  Except as provided in subsection (4), access to

 9  such records, excluding the name of the reporter which shall

10  be released only as provided in subsection (5), shall be

11  granted only to the following persons, officials, and

12  agencies:

13         (a)  Employees, authorized agents, or contract

14  providers of the department, the Department of Health, or

15  county agencies responsible for carrying out:

16         1.  Child or adult protective investigations;

17         2.  Ongoing child or adult protective services;

18         3.  Healthy Start services; or

19         4.  Licensure or approval of adoptive homes, foster

20  homes, or child care centers, specialized child care centers

21  for mildly ill children facilities, large family child care

22  homes, or family child day care homes, or informal child care

23  providers of unregulated child development services which who

24  receive school readiness funds subsidized child care funding,

25  or other homes used to provide for the care and welfare of

26  children; or.

27         5.  Services for victims of domestic violence when

28  provided by certified domestic violence centers working at the

29  department's request as case consultants or with shared

30  clients.

31  

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    Florida Senate - 2004                                  SB 2116
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 1  Also, employees or agents of the Department of Juvenile

 2  Justice responsible for the provision of services to children,

 3  under pursuant to chapters 984 and 985.

 4         Section 3.  Paragraph (i) of subsection (3) of section

 5  119.07, Florida Statutes, is amended to read:

 6         119.07  Inspection, examination, and duplication of

 7  records; exemptions.--

 8         (3)

 9         (i)1.  The home addresses, telephone numbers, social

10  security numbers, and photographs of active or former law

11  enforcement personnel, including correctional and correctional

12  probation officers, personnel of the Department of Children

13  and Family Services whose duties include the investigation of

14  abuse, neglect, exploitation, fraud, theft, or other criminal

15  activities, personnel of the Department of Health whose duties

16  are to support the investigation of child abuse or neglect,

17  and personnel of the Department of Revenue or local

18  governments whose responsibilities include revenue collection

19  and enforcement or child support enforcement; the home

20  addresses, telephone numbers, social security numbers,

21  photographs, and places of employment of the spouses and

22  children of such personnel; and the names and locations of

23  schools and child development providers as defined in s.

24  432.01 which are day care facilities attended by the children

25  of such personnel are exempt from the provisions of subsection

26  (1). The home addresses, telephone numbers, and photographs of

27  firefighters certified in compliance with s. 633.35; the home

28  addresses, telephone numbers, photographs, and places of

29  employment of the spouses and children of such firefighters;

30  and the names and locations of schools and child development

31  providers as defined in s. 432.01 which are day care

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    Florida Senate - 2004                                  SB 2116
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 1  facilities attended by the children of such firefighters are

 2  exempt from subsection (1). The home addresses and telephone

 3  numbers of justices of the Supreme Court, district court of

 4  appeal judges, circuit court judges, and county court judges;

 5  the home addresses, telephone numbers, and places of

 6  employment of the spouses and children of justices and judges;

 7  and the names and locations of schools and child development

 8  providers as defined in s. 432.01 which are day care

 9  facilities attended by the children of justices and judges are

10  exempt from the provisions of subsection (1). The home

11  addresses, telephone numbers, social security numbers, and

12  photographs of current or former state attorneys, assistant

13  state attorneys, statewide prosecutors, or assistant statewide

14  prosecutors; the home addresses, telephone numbers, social

15  security numbers, photographs, and places of employment of the

16  spouses and children of current or former state attorneys,

17  assistant state attorneys, statewide prosecutors, or assistant

18  statewide prosecutors; and the names and locations of schools

19  and child development providers as defined in s. 432.01 which

20  are day care facilities attended by the children of current or

21  former state attorneys, assistant state attorneys, statewide

22  prosecutors, or assistant statewide prosecutors are exempt

23  from subsection (1) and s. 24(a), Art. I of the State

24  Constitution.

25         2.  The home addresses, telephone numbers, social

26  security numbers, and photographs of current or former human

27  resource, labor relations, or employee relations directors,

28  assistant directors, managers, or assistant managers of any

29  local government agency or water management district whose

30  duties include hiring and firing employees, labor contract

31  negotiation, administration, or other personnel-related

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    Florida Senate - 2004                                  SB 2116
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 1  duties; the names, home addresses, telephone numbers, social

 2  security numbers, photographs, and places of employment of the

 3  spouses and children of the such personnel; and the names and

 4  locations of schools and child development providers as

 5  defined in s. 432.01 which are day care facilities attended by

 6  the children of the such personnel are exempt from subsection

 7  (1) and s. 24(a), Art. I of the State Constitution. This

 8  subparagraph is subject to the Open Government Sunset Review

 9  Act of 1995 in accordance with s. 119.15, and shall stand

10  repealed on October 2, 2006, unless reviewed and saved from

11  repeal through reenactment by the Legislature.

12         3.  The home addresses, telephone numbers, social

13  security numbers, and photographs of current or former code

14  enforcement officers; the names, home addresses, telephone

15  numbers, social security numbers, photographs, and places of

16  employment of the spouses and children of these such persons;

17  and the names and locations of schools and child development

18  providers as defined in s. 432.01 which are day care

19  facilities attended by the children of these such persons are

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

21  Constitution. This subparagraph is subject to the Open

22  Government Sunset Review Act of 1995 in accordance with s.

23  119.15, and shall stand repealed on October 2, 2006, unless

24  reviewed and saved from repeal through reenactment by the

25  Legislature.

26         4.  An agency that is the custodian of the personal

27  information specified in subparagraph 1., subparagraph 2., or

28  subparagraph 3. and that is not the employer of the officer,

29  employee, justice, judge, or other person specified in

30  subparagraph 1., subparagraph 2., or subparagraph 3. shall

31  maintain the confidentiality of the personal information only

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    Florida Senate - 2004                                  SB 2116
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 1  if the officer, employee, justice, judge, other person, or

 2  employing agency of the designated employee submits a written

 3  request for confidentiality to the custodial agency.

 4         Section 4.  Section 411.011, Florida Statutes, is

 5  transferred, renumbered as section 432.34, Florida Statutes,

 6  and amended to read:

 7         432.34 411.011  Records of children in child

 8  development school readiness programs.--

 9         (1)  The individual records of children enrolled in

10  child development school readiness programs provided under

11  this part, including the voluntary universal prekindergarten

12  education program and each coalition's school readiness

13  program s. 411.01, when held in the possession of the school

14  readiness coalition or the Florida Partnership for School

15  Readiness, are confidential and exempt from the provisions of

16  s. 119.07 and s. 24(a), Art. I of the State Constitution when

17  held by any of the following entities:.

18         (a)  The Florida Partnership for School Readiness.

19         (b)  A school readiness coalition established under s.

20  432.05.

21         (c)  The fiscal agent of a school readiness coalition

22  which is designated under s. 432.07.

23         (d)  A central agency or other qualified entity

24  performing duties assigned to a school readiness coalition

25  which are performed under contract with the coalition pursuant

26  to s. 432.09.

27         (2)  For the purposes of this section, records include

28  assessment data, health data, records of teacher observations,

29  and identifying data, including the child's social security

30  number. A parent, guardian, or individual acting as a parent

31  in the absence of a parent or guardian has the right to

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    Florida Senate - 2004                                  SB 2116
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 1  inspect and review the individual child development school

 2  readiness program record of his or her child and to obtain a

 3  copy of the record.

 4         (3)  If a court determines that a child development

 5  provider is acting on behalf of an agency such that the

 6  provider is subject to s. 24(a), Art. I of the State

 7  Constitution and s. 119.07(1), the exemptions from the public

 8  records requirements which are provided by this section shall

 9  apply to the same records when held by the child development

10  provider.

11         (4)  Child Development School readiness records may be

12  released:

13         (a)  To the United States Secretary of Education, the

14  United States Secretary of Health and Human Services, and the

15  Comptroller General of the United States for the purpose of

16  federal audits;

17         (b)  To individuals or organizations conducting studies

18  for institutions to develop, validate, or administer

19  assessments or improve instruction;

20         (c)  To accrediting organizations in order to carry out

21  their accrediting functions;

22         (d)  To appropriate parties in connection with an

23  emergency if the information is necessary to protect the

24  health or safety of the child student or other individuals;

25         (e)  To the Auditor General in connection with his or

26  her official functions;

27         (f)  To a court of competent jurisdiction in compliance

28  with an order of that court under pursuant to a lawfully

29  issued subpoena; and

30         (g)  To parties to an interagency agreement among

31  school readiness coalitions, local governmental agencies,

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    Florida Senate - 2004                                  SB 2116
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 1  child development providers of school readiness programs,

 2  state agencies, and the Florida Partnership for School

 3  Readiness for the purpose of administering implementing the

 4  child development programs school readiness program.

 5         (5)  Agencies, organizations, or individuals that

 6  receive child development school readiness records in order to

 7  carry out their official functions must protect the data in a

 8  manner that will not permit the personal identification of the

 9  children or students and their parents by persons other than

10  those authorized to receive the records.

11         (6)  This section is subject to the Open Government

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

13  shall stand repealed on October 2, 2009 2005, unless reviewed

14  and saved from repeal through reenactment by the Legislature.

15         Section 5.  (1)  The Legislature finds that it is a

16  public necessity to maintain records of reports of child

17  abuse, abandonment, and neglect, including the names of child

18  development personnel who report such abuse, abandonment, or

19  neglect to central abuse hotline staff. The Legislature

20  further finds that it is a public necessity to keep the names

21  of these child development personnel confidential and exempt

22  from public disclosure in order to prevent the abuse,

23  abandonment, or neglect of children by limiting any

24  apprehension held by child development personnel which would

25  reduce the number of child development personnel who report

26  such abuse, abandonment, or neglect for fear those reports and

27  their names may be disclosed to the public.

28         (2)  The Legislature finds that it is a public

29  necessity that access by employees, agents, or contractors of

30  the Department of Children and Family Services, the Department

31  of Health, and county agencies who license or approve child

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    Florida Senate - 2004                                  SB 2116
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 1  development providers to reports and records of child abuse

 2  and neglect be limited to the reports and records required for

 3  the licensure or approval of those providers in order to

 4  minimize the risk of unauthorized release of these records

 5  which otherwise would reduce the number of persons who report

 6  such abuse or neglect for fear those reports and records may

 7  be disclosed to the public.

 8         (3)  The Legislature finds that it is a public

 9  necessity to protect the safety of the families of the active

10  and former public officers and employees described in this act

11  by ensuring that the names and locations of the child

12  development providers attended by children of these officers

13  and employees be kept confidential and exempt from public

14  disclosure in order to limit the opportunity of an attack

15  against these families which would be increased if the names

16  and locations of these child development providers were

17  disclosed to the public.

18         (4)  The Legislature finds that the content of child

19  development records kept on children in state-funded child

20  development programs is substantially similar to the content

21  of educational records for which a student has a right of

22  privacy under federal law and section 1002.22(3)(d), Florida

23  Statutes. The Legislature further finds it is a public

24  necessity to ensure the privacy of individual children

25  enrolled in these child development programs, including the

26  voluntary universal prekindergarten education program and the

27  school readiness programs, by keeping the records of these

28  programs confidential and exempt from public disclosure,

29  whether these records are held by the Florida Partnership for

30  School Readiness, a school readiness coalition, a coalition's

31  fiscal agent, a central agency or other qualified entity

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    Florida Senate - 2004                                  SB 2116
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 1  performing duties under contract with a coalition, or a child

 2  development provider.

 3         Section 6.  This act shall take effect on the same date

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

 5  such legislation is enacted in the same legislative session,

 6  or an extension thereof, and becomes a law.

 7  

 8            *****************************************

 9                          SENATE SUMMARY

10    Conforms public records exemptions to revised definitions
      governing child development programs and providers.
11    Specifies that the names of child development personnel
      given to central abuse hotline staff for purposes of
12    reporting child abuse are confidential. Provides that
      access to records of licensure or approval of certain
13    child development providers may be provided to specified
      persons and agencies. Provides that the names and
14    locations of child development providers attended by
      children of certain active or former public officers and
15    employees are confidential. Extends an exemption from
      public records requirements provided for school readiness
16    records to records in certain child development programs.
      Extends the exemption from disclosure to records held by
17    child development providers and certain contractors of
      school readiness coalitions. Provides for future review
18    and repeal. Provides a statement of public necessity.

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