Senate Bill sb2704

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2704

    By Senator Atwater





    25-1393A-04                                             See HB

  1                      A bill to be entitled

  2         An act relating to a public records exemption

  3         for identifying information; amending s.

  4         119.07, F.S.; providing that certain

  5         information which would reveal the identity of

  6         a child is confidential and exempt from the

  7         requirement that public records be open to

  8         inspection, examination, and duplication;

  9         providing for future repeal and legislative

10         review under the Open Government Sunset Review

11         Act of 1995; providing a statement of public

12         necessity; providing an effective date.

13  

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

15  

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

17  of section 119.07, Florida Statutes, to read:

18         119.07  Inspection, examination, and duplication of

19  records; exemptions.--

20         (3)

21         (hh)  Any information provided to a children's services

22  council, juvenile welfare board, or other similarly named

23  entity created under s. 125.901 or by special law regarding

24  the provision of services to, or research concerning, children

25  that reveals the identity of any child is confidential and

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

27  Constitution. For purposes of this paragraph, information that

28  reveals the identity of a child includes names, addresses,

29  telephone numbers, social security numbers, photographs, or

30  any other information that would identify, or reasonably lead

31  to the identification of, any child, either directly or

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






    Florida Senate - 2004                                  SB 2704
    25-1393A-04                                             See HB




 1  through the identification of the parent or guardian of the

 2  child. This paragraph is subject to the Open Government Sunset

 3  Review Act of 1995 in accordance with s. 119.15, and shall

 4  stand repealed on October 2, 2009, unless reviewed and saved

 5  from repeal through reenactment by the Legislature.

 6         Section 2.  The Legislature finds, as a matter of

 7  public necessity, that any information provided to a

 8  children's services council, juvenile welfare board, or other

 9  similarly named entity regarding the provision of services to,

10  or research concerning, children which reveals the identity of

11  any child must be held confidential and exempt from section

12  119.07(1), Florida Statutes, and Section 24(a), Article I of

13  the State Constitution. The Legislature finds that public

14  disclosure, examination, inspection, or duplication of such

15  information that reveals the identity of a child, including

16  names, addresses, telephone numbers, social security numbers,

17  photographs, or any other information that would identify, or

18  reasonably lead to the identification of, any child, either

19  directly or through the identification of the parent or

20  guardian of the child, would be contrary to the state's

21  compelling interest in protecting the public safety. The

22  Legislature finds that it is necessary to provide confidential

23  and exempt status for such information in order to minimize

24  any opportunity for the use of such information to facilitate

25  stalking, harassment, abduction, or abuse of any child who is

26  the subject of such information. The Legislature finds that

27  this interest outweighs any public benefit derived from

28  releasing such identifying information. The Legislature

29  further finds that nonidentifying information regarding

30  services provided to, or research concerning, children shall

31  not be exempted from disclosure by this act.

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    Florida Senate - 2004                                  SB 2704
    25-1393A-04                                             See HB




 1         Section 3.  This act shall take effect July 1, 2004.

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