Senate Bill sb2704c2

    Florida Senate - 2004                    CS for CS for SB 2704

    By the Committees on Governmental Oversight and Productivity;
    Children and Families; and Senator Atwater




    302-2639-04

  1                      A bill to be entitled

  2         An act relating to a public records exemption

  3         for identifying information; amending s.

  4         125.901, F.S.; providing that personal

  5         identifying information of a child or the

  6         child's parent or guardian held by a children's

  7         service council, juvenile welfare board, or

  8         other entity created under that section or by

  9         special law is exempt from the requirement that

10         public records be open to inspection and

11         duplication; providing for retroactive

12         application; providing for future repeal and

13         legislative review under the Open Government

14         Sunset Review Act of 1995; providing a

15         statement of public necessity; providing an

16         effective date.

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

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20         Section 1.  Subsection (11) is added to section

21  125.901, Florida Statutes, to read:

22         125.901  Children's services; independent special

23  district; council; powers, duties, and functions.--

24         (11)(a)  Personal identifying information of a child or

25  the child's parent or guardian, held by a children's service

26  council, juvenile welfare board, or other similar entity

27  created under this section or by special law, or held by a

28  service provider or researcher under contract with such

29  entity, is exempt from s. 119.07(1) and s. 24(a), Art. I of

30  the State Constitution. This exemption applies to such

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






    Florida Senate - 2004                    CS for CS for SB 2704
    302-2639-04




 1  personal identifying information held on, before, or after the

 2  effective date of this exemption.

 3         (b)  This subsection is subject to the Open Government

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

 5  shall stand repealed on October 2, 2009, unless reviewed and

 6  saved from repeal through reenactment by the Legislature.

 7         Section 2.  The Legislature finds that it is a public

 8  necessity that personal identifying information of a child or

 9  the child's parent or guardian held by a children's service

10  council, juvenile welfare board, or other similar entity

11  created under section 125.901, Florida Statutes, or by special

12  law, or held by a service provider or researcher under

13  contract with such entity, must be exempt from section

14  119.07(1), Florida Statutes, and Section 24(a) of Article I of

15  the State Constitution. The Legislature finds that public

16  availability of information that directly reveals the identity

17  of a child, or that indirectly identifies the child through

18  the identification of the child's parent or guardian, would be

19  contrary to the state's compelling interest in protecting the

20  public safety. The Legislature finds that it is necessary to

21  exempt such personal identifying information so that such

22  information cannot be used to facilitate stalking, harassment,

23  abduction, or abuse of any child who is the subject of such

24  information. The Legislature finds that this interest

25  outweighs any public benefit derived from releasing such

26  identifying information. The Legislature further finds that

27  nonidentifying information regarding services provided to, or

28  research concerning, children shall not be exempted from

29  disclosure by this act.

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

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    Florida Senate - 2004                    CS for CS for SB 2704
    302-2639-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                            CS/SB 2704

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 4  Narrows the breadth of the exemption and clarifies it.

 5  Provides that personal identifying information of a child or
    the child's parent or guardian, held by a children's service
 6  council, juvenile welfare board, or other similar entity
    created under s. 125.901, F.S., or by special law, or held by
 7  a service provider or researcher under contract with such
    entity, is exempt.
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CODING: Words stricken are deletions; words underlined are additions.