Senate Bill sb2704c1

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    Florida Senate - 2004                           CS for SB 2704

    By the Committee on Children and Families; and Senator Atwater





    300-2315-04

  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 exempt from the requirement that

  7         public records be open to inspection,

  8         examination, and duplication; providing for

  9         future repeal and legislative review under the

10         Open Government Sunset Review Act of 1995;

11         providing a statement of public necessity;

12         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 or other similarly named entity created under s.

23  125.901, to the children's services council created under

24  chapter 2000-461, Laws of Florida, or to the Juvenile Welfare

25  Board of Pinellas County codified under chapter 2003-320, Laws

26  of Florida, or to their service provider or researcher as part

27  of a contract with such a council, board, or similarly named

28  entity, regarding the provision of services to, or research

29  concerning, children which reveals the identity of any child

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

31  State Constitution. For the purposes of this paragraph,

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    Florida Senate - 2004                           CS for SB 2704
    300-2315-04




 1  information that reveals the identity of a child includes the

 2  name, address, telephone number, social security number, or

 3  photograph of the child or of the parent or legal guardian of

 4  the child and any other information that would identify or

 5  reasonably lead to the identification of any child, either

 6  directly or indirectly, including through the identification

 7  of the parent or guardian of the child. This paragraph is

 8  subject to the Open Government Sunset Review Act of 1995 in

 9  accordance with s. 119.15, and shall stand repealed on October

10  2, 2009, unless reviewed and saved from repeal through

11  reenactment by the Legislature.

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

13  public necessity, that any information provided to a

14  children's services council, juvenile welfare board, other

15  similarly named entity, or their contracted service provider

16  or researcher regarding the provision of services to, or

17  research concerning, children which reveals the identity of

18  any child must be held exempt from section 119.07(1), Florida

19  Statutes, and Section 24(a), Article I of the State

20  Constitution. The Legislature finds that public disclosure,

21  examination, inspection, or duplication of such information

22  that reveals the identity of a child, including names,

23  addresses, telephone numbers, social security numbers,

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

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

26  directly or through the identification of the parent or

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

28  compelling interest in protecting the public safety. The

29  Legislature finds that it is necessary to provide for the

30  exempt status for such information in order to minimize any

31  opportunity for the use of such information to facilitate

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    Florida Senate - 2004                           CS for SB 2704
    300-2315-04




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

 2  the subject of such information. The Legislature finds that

 3  this interest outweighs any public benefit derived from

 4  releasing such identifying information. The Legislature

 5  further finds that nonidentifying information regarding

 6  services provided to, or research concerning, children shall

 7  not be exempted from disclosure by this act.

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

 9  

10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                         Senate Bill 2704

12                                 

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    -    Removes the confidentiality of the records that was
14       provided by the bill.

15  -    Identifies the specific children's services councils to
         which the public records exemption applies.
16  
    -    Adds the service providers and researchers that the
17       children's services councils would contract with to those
         entities to which the public records exemption applies.
18  
    -    Specifies that the names, addresses, telephone numbers,
19       social security numbers, and photographs that are exempt
         from public disclosure are those of the child, parent,
20       and legal guardian.

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