Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1098
                        Barcode 405768
                            CHAMBER ACTION
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11  The Committee on Governmental Oversight and Productivity
12  (Lawson) recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraph (q) is added to subsection (2) of
19  section 39.202, Florida Statutes, and subsections (4) and (5)
20  of that section are republished, to read:
21         39.202  Confidentiality of reports and records in cases
22  of child abuse or neglect.--
23         (2)  Except as provided in subsection (4), access to
24  such records, excluding the name of the reporter which shall
25  be released only as provided in subsection (5), shall be
26  granted only to the following persons, officials, and
27  agencies:
28         (q)  Staff of a child's advocacy center that is
29  established and operated under s. 39.3035.
30         (4)  Notwithstanding any other provision of law, when a
31  child under investigation or supervision of the department or
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1098 Barcode 405768 1 its contracted service providers is determined to be missing, 2 the following shall apply: 3 (a) The department may release the following 4 information to the public when it believes the release of the 5 information is likely to assist efforts in locating the child 6 or to promote the safety or well-being of the child: 7 1. The name of the child and the child's date of 8 birth; 9 2. A physical description of the child, including at a 10 minimum the height, weight, hair color, eye color, gender, and 11 any identifying physical characteristics of the child; and 12 3. A photograph of the child. 13 (b) With the concurrence of the law enforcement agency 14 primarily responsible for investigating the incident, the 15 department may release any additional information it believes 16 likely to assist efforts in locating the child or to promote 17 the safety or well-being of the child. 18 (c) The law enforcement agency primarily responsible 19 for investigating the incident may release any information 20 received from the department regarding the investigation, if 21 it believes the release of the information is likely to assist 22 efforts in locating the child or to promote the safety or 23 well-being of the child. 24 25 The good faith publication or release of this information by 26 the department, a law enforcement agency, or any recipient of 27 the information as specifically authorized by this subsection 28 shall not subject the person, agency or entity releasing the 29 information to any civil or criminal penalty. This subsection 30 does not authorize the release of the name of the reporter, 31 which may be released only as provided in subsection (5). 2 5:00 PM 04/11/05 s1098c-go06-k0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1098 Barcode 405768 1 (5) The name of any person reporting child abuse, 2 abandonment, or neglect may not be released to any person 3 other than employees of the department responsible for child 4 protective services, the central abuse hotline, law 5 enforcement, the child protection team, or the appropriate 6 state attorney, without the written consent of the person 7 reporting. This does not prohibit the subpoenaing of a person 8 reporting child abuse, abandonment, or neglect when deemed 9 necessary by the court, the state attorney, or the department, 10 provided the fact that such person made the report is not 11 disclosed. Any person who reports a case of child abuse or 12 neglect may, at the time he or she makes the report, request 13 that the department notify him or her that a child protective 14 investigation occurred as a result of the report. Any person 15 specifically listed in s. 39.201(1) who makes a report in his 16 or her official capacity may also request a written summary of 17 the outcome of the investigation. The department shall mail 18 such a notice to the reporter within 10 days after completing 19 the child protective investigation. 20 Section 2. Subsection (4) of section 39.0132, Florida 21 Statutes, is amended to read: 22 39.0132 Oaths, records, and confidential 23 information.-- 24 (4)(a)1. All information obtained pursuant to this 25 part in the discharge of official duty by any judge, employee 26 of the court, authorized agent of the department, correctional 27 probation officer, or law enforcement agent is confidential 28 and exempt from s. 119.07(1) and may not be disclosed to 29 anyone other than the authorized personnel of the court, the 30 department and its designees, correctional probation officers, 31 law enforcement agents, guardian ad litem, and others entitled 3 5:00 PM 04/11/05 s1098c-go06-k0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1098 Barcode 405768 1 under this chapter to receive that information, except upon 2 order of the court. 3 2. All information obtained under this part in the 4 discharge of official duty by any guardian ad litem is 5 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 6 of the State Constitution, and may not be disclosed to anyone 7 other than the authorized personnel of the court, the 8 department and its designees, correctional probation officers, 9 law enforcement agents, guardians ad litem, and others 10 entitled under this chapter to receive that information, 11 except upon order of the court. This subparagraph is subject 12 to the Open Government Sunset Review Act of 1995 in accordance 13 with s. 119.15, and shall stand repealed on October 2, 2010, 14 unless reviewed and saved from repeal through reenactment by 15 the Legislature. 16 (b) The department shall disclose to the school 17 superintendent the presence of any child in the care and 18 custody or under the jurisdiction or supervision of the 19 department who has a known history of criminal sexual behavior 20 with other juveniles; is an alleged juvenile sex offender, as 21 defined in s. 39.01; or has pled guilty or nolo contendere to, 22 or has been found to have committed, a violation of chapter 23 794, chapter 796, chapter 800, s. 827.071, or s. 847.0133, 24 regardless of adjudication. Any employee of a district school 25 board who knowingly and willfully discloses such information 26 to an unauthorized person commits a misdemeanor of the second 27 degree, punishable as provided in s. 775.082 or s. 775.083. 28 Section 3. The Legislature finds that it is a public 29 necessity that information obtained by a guardian ad litem in 30 discharging duties with respect to proceedings relating to 31 children should be made confidential and exempt from 4 5:00 PM 04/11/05 s1098c-go06-k0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1098 Barcode 405768 1 public-records requirements. The Legislature finds that the 2 information obtained by a guardian ad litem in ensuring the 3 care, safety, and protection of children is sensitive and 4 personal to the child and his or her family and that release 5 of this information could expose the child to harm or injure 6 the reputation of the child or the child's family. Providing 7 confidential and exempt status to the information obtained by 8 a guardian ad litem will facilitate the ability of the 9 guardian ad litem to represent the best interests of the child 10 in legal proceedings and thereby fulfill the purpose and 11 administration of the guardian ad litem program. 12 Section 4. Paragraph (i) of subsection (6) of section 13 119.07, Florida Statutes, is amended to read: 14 119.07 Inspection and copying of records; 15 photographing public records; fees; exemptions.-- 16 (6) 17 (i)1. The home addresses, telephone numbers, social 18 security numbers, and photographs of active or former law 19 enforcement personnel, including correctional and correctional 20 probation officers, personnel of the Department of Children 21 and Family Services whose duties include the investigation of 22 abuse, neglect, exploitation, fraud, theft, or other criminal 23 activities, personnel of the Department of Health whose duties 24 are to support the investigation of child abuse or neglect, 25 and personnel of the Department of Revenue or local 26 governments whose responsibilities include revenue collection 27 and enforcement or child support enforcement; the home 28 addresses, telephone numbers, social security numbers, 29 photographs, and places of employment of the spouses and 30 children of such personnel; and the names and locations of 31 schools and day care facilities attended by the children of 5 5:00 PM 04/11/05 s1098c-go06-k0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1098 Barcode 405768 1 such personnel are exempt from the provisions of subsection 2 (1). The home addresses, telephone numbers, and photographs of 3 firefighters certified in compliance with s. 633.35; the home 4 addresses, telephone numbers, photographs, and places of 5 employment of the spouses and children of such firefighters; 6 and the names and locations of schools and day care facilities 7 attended by the children of such firefighters are exempt from 8 subsection (1). The home addresses and telephone numbers of 9 justices of the Supreme Court, district court of appeal 10 judges, circuit court judges, and county court judges; the 11 home addresses, telephone numbers, and places of employment of 12 the spouses and children of justices and judges; and the names 13 and locations of schools and day care facilities attended by 14 the children of justices and judges are exempt from the 15 provisions of subsection (1). The home addresses, telephone 16 numbers, social security numbers, and photographs of current 17 or former state attorneys, assistant state attorneys, 18 statewide prosecutors, or assistant statewide prosecutors; the 19 home addresses, telephone numbers, social security numbers, 20 photographs, and places of employment of the spouses and 21 children of current or former state attorneys, assistant state 22 attorneys, statewide prosecutors, or assistant statewide 23 prosecutors; and the names and locations of schools and day 24 care facilities attended by the children of current or former 25 state attorneys, assistant state attorneys, statewide 26 prosecutors, or assistant statewide prosecutors are exempt 27 from subsection (1) and s. 24(a), Art. I of the State 28 Constitution. 29 2. The home addresses, telephone numbers, social 30 security numbers, and photographs of current or former human 31 resource, labor relations, or employee relations directors, 6 5:00 PM 04/11/05 s1098c-go06-k0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1098 Barcode 405768 1 assistant directors, managers, or assistant managers of any 2 local government agency or water management district whose 3 duties include hiring and firing employees, labor contract 4 negotiation, administration, or other personnel-related 5 duties; the names, home addresses, telephone numbers, social 6 security numbers, photographs, and places of employment of the 7 spouses and children of such personnel; and the names and 8 locations of schools and day care facilities attended by the 9 children of such personnel are exempt from subsection (1) and 10 s. 24(a), Art. I of the State Constitution. This subparagraph 11 is subject to the Open Government Sunset Review Act of 1995 in 12 accordance with s. 119.15, and shall stand repealed on October 13 2, 2006, unless reviewed and saved from repeal through 14 reenactment by the Legislature. 15 3. The home addresses, telephone numbers, social 16 security numbers, and photographs of current or former United 17 States attorneys and assistant United States attorneys; the 18 home addresses, telephone numbers, social security numbers, 19 photographs, and places of employment of the spouses and 20 children of current or former United States attorneys and 21 assistant United States attorneys; and the names and locations 22 of schools and day care facilities attended by the children of 23 current or former United States attorneys and assistant United 24 States attorneys are exempt from subsection (1) and s. 24(a), 25 Art. I of the State Constitution. This subparagraph is subject 26 to the Open Government Sunset Review Act of 1995 in accordance 27 with s. 119.15 and shall stand repealed on October 2, 2009, 28 unless reviewed and saved from repeal through reenactment by 29 the Legislature. 30 4. The home addresses, telephone numbers, social 31 security numbers, and photographs of current or former judges 7 5:00 PM 04/11/05 s1098c-go06-k0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1098 Barcode 405768 1 of United States Courts of Appeal, United States district 2 judges, and United States magistrate judges; the home 3 addresses, telephone numbers, social security numbers, 4 photographs, and places of employment of the spouses and 5 children of current or former judges of United States Courts 6 of Appeal, United States district judges, and United States 7 magistrate judges; and the names and locations of schools and 8 day care facilities attended by the children of current or 9 former judges of United States Courts of Appeal, United States 10 district judges, and United States magistrate judges are 11 exempt from subsection (1) and s. 24(a), Art. I of the State 12 Constitution. This subparagraph is subject to the Open 13 Government Sunset Review Act of 1995 in accordance with s. 14 119.15, and shall stand repealed on October 2, 2009, unless 15 reviewed and saved from repeal through reenactment by the 16 Legislature. 17 5. The home addresses, telephone numbers, social 18 security numbers, and photographs of current or former code 19 enforcement officers; the names, home addresses, telephone 20 numbers, social security numbers, photographs, and places of 21 employment of the spouses and children of such persons; and 22 the names and locations of schools and day care facilities 23 attended by the children of such persons are exempt from 24 subsection (1) and s. 24(a), Art. I of the State Constitution. 25 This subparagraph is subject to the Open Government Sunset 26 Review Act of 1995 in accordance with s. 119.15, and shall 27 stand repealed on October 2, 2006, unless reviewed and saved 28 from repeal through reenactment by the Legislature. 29 6. The home addresses, telephone numbers, places of 30 employment, and photographs of current or former guardians ad 31 litem, as defined in s. 39.820, and the names, home addresses, 8 5:00 PM 04/11/05 s1098c-go06-k0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1098 Barcode 405768 1 telephone numbers, and places of employment of the spouses and 2 children of such persons, are exempt from subsection (1) and 3 s. 24(a), Art. I of the State Constitution. This subparagraph 4 is subject to the Open Government Sunset Review Act of 1995 in 5 accordance with s. 119.15, and shall stand repealed on October 6 2, 2010, unless reviewed and saved from repeal through 7 reenactment by the Legislature. 8 7. An agency that is the custodian of the personal 9 information specified in subparagraph 1., subparagraph 2., 10 subparagraph 3., subparagraph 4., or subparagraph 5., or 11 subparagraph 6., and that is not the employer of the officer, 12 employee, justice, judge, or other person specified in 13 subparagraph 1., subparagraph 2., subparagraph 3., 14 subparagraph 4., or subparagraph 5., or subparagraph 6., shall 15 maintain the exempt status of the personal information only if 16 the officer, employee, justice, judge, other person, or 17 employing agency of the designated employee submits a written 18 request for maintenance of the exemption to the custodial 19 agency. 20 Section 5. The Legislature finds that it is a public 21 necessity that home addresses, telephone numbers, places of 22 employment, and photographs of current or former guardians ad 23 litem, and the names, home addresses, telephone numbers, and 24 places of employment of the spouses and children of such 25 persons, be made exempt from public-records requirements. 26 Guardians ad litem provide a valuable service to the 27 community. They interact with victims of child abuse and 28 neglect and, at times, the perpetrators of that abuse or 29 neglect. The capacity in which they work or volunteer their 30 time does not always create good will. Different persons may 31 be disgruntled with the testimony, report, or recommendation 9 5:00 PM 04/11/05 s1098c-go06-k0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1098 Barcode 405768 1 made by guardians ad litem. The testimony of guardians ad 2 litem could create a safety risk. Thus, the guardians ad 3 litem, or the spouses and children of guardians ad litem, 4 could become a potential target for acts of revenge. If the 5 information specified in this act remains available, the 6 safety and welfare of guardians ad litem, and their spouses 7 and children, could be seriously jeopardized. Accordingly, it 8 is a public necessity that identifying and location 9 information of guardians ad litem, and their spouses and 10 children, be made exempt from public disclosure. 11 Section 6. This act shall take effect October 1, 2005. 12 13 14 ================ T I T L E A M E N D M E N T =============== 15 And the title is amended as follows: 16 Delete everything before the enacting clause 17 18 and insert: 19 A bill to be entitled 20 An act relating to public-records exemptions; 21 amending s. 39.202, F.S.; creating an exception 22 to the exemption from public-records 23 requirements for all records held by the 24 Department of Children and Family Services 25 concerning reports of child abandonment, abuse, 26 or neglect; amending s. 39.0132, F.S.; creating 27 an exemption from public-records requirements 28 for information obtained by a guardian ad litem 29 in the discharge of his or her official duty; 30 providing an exception to the exemption; 31 providing for review and repeal under the Open 10 5:00 PM 04/11/05 s1098c-go06-k0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1098 Barcode 405768 1 Government Sunset Review Act; providing a 2 statement of public necessity; amending s. 3 119.07, F.S.; creating an exemption from 4 public-records requirements for certain 5 identification and location information 6 regarding a current or former guardian ad litem 7 or the spouse and children of the guardian ad 8 litem; providing for review and repeal under 9 the Open Government Sunset Review Act; 10 providing a statement of public necessity; 11 providing an effective date. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11 5:00 PM 04/11/05 s1098c-go06-k0b