Senate Bill sb1028c1

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    Florida Senate - 2005                           CS for SB 1028

    By the Committees on Governmental Oversight and Productivity;
    and Commerce and Consumer Services




    585-2021-05

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act; amending s.

  4         411.011, F.S., which provides a public-records

  5         exemption for specified records of children

  6         enrolled in school readiness programs; removing

  7         the October 2, 2005, repeal thereof scheduled

  8         under the Open Government Sunset Review Act;

  9         making editorial changes; providing an

10         effective date.

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

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14         Section 1.  Section 411.011, Florida Statutes, as

15  amended by chapter 2004-484, Laws of Florida, is amended to

16  read:

17         411.011  Records of children in school readiness

18  programs.--

19         (1)  The individual records of children enrolled in

20  school readiness programs provided under s. 411.01, when held

21  by an in the possession of the early learning coalition or the

22  Agency for Workforce Innovation, are confidential and exempt

23  from s. 119.07(1) and s. 24(a), Art. I of the State

24  Constitution. For  purposes of this section, records include

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

26  and personal identifying information data, including the

27  child's social security number.

28         (2)  A parent, guardian, or individual acting as a

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

30  inspect and review the individual school readiness program

31  record of his or her child and to obtain a copy of the record.

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    Florida Senate - 2005                           CS for SB 1028
    585-2021-05




 1         (3)  School readiness records may be released to:

 2         (a)  The United States Secretary of Education, the

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

 4  Comptroller General of the United States for the purpose of

 5  federal audits.;

 6         (b)  to Individuals or organizations conducting studies

 7  for institutions to develop, validate, or administer

 8  assessments or improve instruction.;

 9         (c)  to Accrediting organizations in order to carry out

10  their accrediting functions.;

11         (d)  to Appropriate parties in connection with an

12  emergency if the information is necessary to protect the

13  health or safety of the child enrollee student or other

14  individuals.;

15         (e)  to The Auditor General in connection with his or

16  her official functions.;

17         (f)  to A court of competent jurisdiction in compliance

18  with an order of that court in accordance with a lawfully

19  issued subpoena.; and

20         (g)  to Parties to an interagency agreement among early

21  learning coalitions, local governmental agencies, providers of

22  school readiness programs, state agencies, and the Agency for

23  Workforce Innovation for the purpose of implementing the

24  school readiness program.

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26  Agencies, organizations, or individuals that receive school

27  readiness records in order to carry out their official

28  functions must protect the data in a manner that does not

29  permit the personal identification of a child enrolled in a

30  school readiness program students and their parents by persons

31  other than those authorized to receive the records. This

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    Florida Senate - 2005                           CS for SB 1028
    585-2021-05




 1  section is subject to the Open Government Sunset Review Act of

 2  1995 in accordance with s. 119.15 and shall stand repealed on

 3  October 2, 2005, unless reviewed and saved from repeal through

 4  reenactment by the Legislature.

 5         Section 2.  This act shall take effect October 1, 2005.

 6  

 7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 8                         Senate Bill 1028

 9                                 

10  Makes grammatical and clarifying changes.

11  Removes references to specific entities who are acting on
    behalf of the Agency for Workforce Innovation because those
12  entities fall within the definition of "agency" under ch. 119,
    F.S.
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