Senate Bill sb1098er

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  2         An act relating to public-records exemptions;

  3         amending s. 39.202, F.S.; creating an exception

  4         to the exemption from public-records

  5         requirements for all records held by the

  6         Department of Children and Family Services

  7         concerning reports of child abandonment, abuse,

  8         or neglect; amending s. 39.0132, F.S.; creating

  9         an exemption from public-records requirements

10         for information obtained by a guardian ad litem

11         in the discharge of his or her official duty;

12         providing an exception to the exemption;

13         providing for review and repeal under the Open

14         Government Sunset Review Act; providing a

15         statement of public necessity; amending s.

16         119.07, F.S.; creating an exemption from

17         public-records requirements for certain

18         identification and location information

19         regarding a current or former guardian ad litem

20         or the spouse and children of the guardian ad

21         litem; providing for review and repeal under

22         the Open Government Sunset Review Act;

23         providing a statement of public necessity;

24         providing an effective date.

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

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28         Section 1.  Paragraph (q) is added to subsection (2) of

29  section 39.202, Florida Statutes, and subsections (4) and (5)

30  of that section are republished, to read:

31  


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 1         39.202  Confidentiality of reports and records in cases

 2  of child abuse or neglect.--

 3         (2)  Except as provided in subsection (4), access to

 4  such records, excluding the name of the reporter which shall

 5  be released only as provided in subsection (5), shall be

 6  granted only to the following persons, officials, and

 7  agencies:

 8         (g)  The executive director or equivalent, and his or

 9  her designee, of a children's advocacy center that is

10  established and operated under s. 39.3035.

11         (4)  Notwithstanding any other provision of law, when a

12  child under investigation or supervision of the department or

13  its contracted service providers is determined to be missing,

14  the following shall apply:

15         (a)  The department may release the following

16  information to the public when it believes the release of the

17  information is likely to assist efforts in locating the child

18  or to promote the safety or well-being of the child:

19         1.  The name of the child and the child's date of

20  birth;

21         2.  A physical description of the child, including at a

22  minimum the height, weight, hair color, eye color, gender, and

23  any identifying physical characteristics of the child; and

24         3.  A photograph of the child.

25         (b)  With the concurrence of the law enforcement agency

26  primarily responsible for investigating the incident, the

27  department may release any additional information it believes

28  likely to assist efforts in locating the child or to promote

29  the safety or well-being of the child.

30         (c)  The law enforcement agency primarily responsible

31  for investigating the incident may release any information


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 1  received from the department regarding the investigation, if

 2  it believes the release of the information is likely to assist

 3  efforts in locating the child or to promote the safety or

 4  well-being of the child.

 5  

 6  The good faith publication or release of this information by

 7  the department, a law enforcement agency, or any recipient of

 8  the information as specifically authorized by this subsection

 9  shall not subject the person, agency or entity releasing the

10  information to any civil or criminal penalty. This subsection

11  does not authorize the release of the name of the reporter,

12  which may be released only as provided in subsection (5).

13         (5)  The name of any person reporting child abuse,

14  abandonment, or neglect may not be released to any person

15  other than employees of the department responsible for child

16  protective services, the central abuse hotline, law

17  enforcement, the child protection team, or the appropriate

18  state attorney, without the written consent of the person

19  reporting. This does not prohibit the subpoenaing of a person

20  reporting child abuse, abandonment, or neglect when deemed

21  necessary by the court, the state attorney, or the department,

22  provided the fact that such person made the report is not

23  disclosed. Any person who reports a case of child abuse or

24  neglect may, at the time he or she makes the report, request

25  that the department notify him or her that a child protective

26  investigation occurred as a result of the report. Any person

27  specifically listed in s. 39.201(1) who makes a report in his

28  or her official capacity may also request a written summary of

29  the outcome of the investigation. The department shall mail

30  such a notice to the reporter within 10 days after completing

31  the child protective investigation.


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 1         Section 2.  Subsection (4) of section 39.0132, Florida

 2  Statutes, is amended to read:

 3         39.0132  Oaths, records, and confidential

 4  information.--

 5         (4)(a)1.  All information obtained pursuant to this

 6  part in the discharge of official duty by any judge, employee

 7  of the court, authorized agent of the department, correctional

 8  probation officer, or law enforcement agent is confidential

 9  and exempt from s. 119.07(1) and may not be disclosed to

10  anyone other than the authorized personnel of the court, the

11  department and its designees, correctional probation officers,

12  law enforcement agents, guardian ad litem, and others entitled

13  under this chapter to receive that information, except upon

14  order of the court.

15         2.  Any information related to the best interests of a

16  child, as determined by a guardian ad litem, which is held by

17  a guardian ad litem, including but not limited to medical,

18  mental health, substance abuse, child care, education, law

19  enforcement, court, social services, and financial records;

20  and any other information maintained by a guardian ad litem

21  which is identified as confidential information under this

22  chapter; is confidential and exempt from s. 119.07(1) and s.

23  24(a), Art. I of the State Constitution. Such confidential and

24  exempt information may not be disclosed to anyone other than

25  the authorized personnel of the court, the department and its

26  designees, correctional probation officers, law enforcement

27  agents, guardians ad litem, and others entitled under this

28  chapter to receive that information, except upon order of the

29  court. This subparagraph is subject to the Open Government

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

31  


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 1  shall stand repealed on October 2, 2010, unless reviewed and

 2  saved from repeal through reenactment by the Legislature.

 3         (b)  The department shall disclose to the school

 4  superintendent the presence of any child in the care and

 5  custody or under the jurisdiction or supervision of the

 6  department who has a known history of criminal sexual behavior

 7  with other juveniles; is an alleged juvenile sex offender, as

 8  defined in s. 39.01; or has pled guilty or nolo contendere to,

 9  or has been found to have committed, a violation of chapter

10  794, chapter 796, chapter 800, s. 827.071, or s. 847.0133,

11  regardless of adjudication. Any employee of a district school

12  board who knowingly and willfully discloses such information

13  to an unauthorized person commits a misdemeanor of the second

14  degree, punishable as provided in s. 775.082 or s. 775.083.

15         Section 3.  The Legislature finds that it is a public

16  necessity that information obtained by a guardian ad litem in

17  discharging duties with respect to proceedings relating to

18  children should be made confidential and exempt from

19  public-records requirements. The Legislature finds that the

20  information obtained by a guardian ad litem in ensuring the

21  care, safety, and protection of children is sensitive and

22  personal to the child and his or her family and that release

23  of this information could expose the child to harm or injure

24  the reputation of the child or the child's family. Providing

25  confidential and exempt status to the information obtained by

26  a guardian ad litem will facilitate the ability of the

27  guardian ad litem to represent the best interests of the child

28  in legal proceedings and thereby fulfill the purpose and

29  administration of the guardian ad litem program.

30         Section 4.  Paragraph (i) of subsection (6) of section

31  119.07, Florida Statutes, is amended to read:


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 1         119.07  Inspection and copying of records;

 2  photographing public records; fees; exemptions.--

 3         (6)

 4         (i)1.  The home addresses, telephone numbers, social

 5  security numbers, and photographs of active or former law

 6  enforcement personnel, including correctional and correctional

 7  probation officers, personnel of the Department of Children

 8  and Family Services whose duties include the investigation of

 9  abuse, neglect, exploitation, fraud, theft, or other criminal

10  activities, personnel of the Department of Health whose duties

11  are to support the investigation of child abuse or neglect,

12  and personnel of the Department of Revenue or local

13  governments whose responsibilities include revenue collection

14  and enforcement or child support enforcement; the home

15  addresses, telephone numbers, social security numbers,

16  photographs, and places of employment of the spouses and

17  children of such personnel; and the names and locations of

18  schools and day care facilities attended by the children of

19  such personnel are exempt from the provisions of subsection

20  (1). The home addresses, telephone numbers, and photographs of

21  firefighters certified in compliance with s. 633.35; the home

22  addresses, telephone numbers, photographs, and places of

23  employment of the spouses and children of such firefighters;

24  and the names and locations of schools and day care facilities

25  attended by the children of such firefighters are exempt from

26  subsection (1). The home addresses and telephone numbers of

27  justices of the Supreme Court, district court of appeal

28  judges, circuit court judges, and county court judges; the

29  home addresses, telephone numbers, and places of employment of

30  the spouses and children of justices and judges; and the names

31  and locations of schools and day care facilities attended by


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 1  the children of justices and judges are exempt from the

 2  provisions of subsection (1). The home addresses, telephone

 3  numbers, social security numbers, and photographs of current

 4  or former state attorneys, assistant state attorneys,

 5  statewide prosecutors, or assistant statewide prosecutors; the

 6  home addresses, telephone numbers, social security numbers,

 7  photographs, and places of employment of the spouses and

 8  children of current or former state attorneys, assistant state

 9  attorneys, statewide prosecutors, or assistant statewide

10  prosecutors; and the names and locations of schools and day

11  care facilities attended by the children of current or former

12  state attorneys, assistant state attorneys, statewide

13  prosecutors, or assistant statewide prosecutors are exempt

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

15  Constitution.

16         2.  The home addresses, telephone numbers, social

17  security numbers, and photographs of current or former human

18  resource, labor relations, or employee relations directors,

19  assistant directors, managers, or assistant managers of any

20  local government agency or water management district whose

21  duties include hiring and firing employees, labor contract

22  negotiation, administration, or other personnel-related

23  duties; the names, home addresses, telephone numbers, social

24  security numbers, photographs, and places of employment of the

25  spouses and children of such personnel; and the names and

26  locations of schools and day care facilities attended by the

27  children of such personnel are exempt from subsection (1) and

28  s. 24(a), Art. I of the State Constitution. This subparagraph

29  is subject to the Open Government Sunset Review Act of 1995 in

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

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 1  2, 2006, unless reviewed and saved from repeal through

 2  reenactment by the Legislature.

 3         3.  The home addresses, telephone numbers, social

 4  security numbers, and photographs of current or former United

 5  States attorneys and assistant United States attorneys; the

 6  home addresses, telephone numbers, social security numbers,

 7  photographs, and places of employment of the spouses and

 8  children of current or former United States attorneys and

 9  assistant United States attorneys; and the names and locations

10  of schools and day care facilities attended by the children of

11  current or former United States attorneys and assistant United

12  States attorneys are exempt from subsection (1) and s. 24(a),

13  Art. I of the State Constitution. This subparagraph is subject

14  to the Open Government Sunset Review Act of 1995 in accordance

15  with s. 119.15 and shall stand repealed on October 2, 2009,

16  unless reviewed and saved from repeal through reenactment by

17  the Legislature.

18         4.  The home addresses, telephone numbers, social

19  security numbers, and photographs of current or former judges

20  of United States Courts of Appeal, United States district

21  judges, and United States magistrate judges; the home

22  addresses, telephone numbers, social security numbers,

23  photographs, and places of employment of the spouses and

24  children of current or former judges of United States Courts

25  of Appeal, United States district judges, and United States

26  magistrate judges; and the names and locations of schools and

27  day care facilities attended by the children of current or

28  former judges of United States Courts of Appeal, United States

29  district judges, and United States magistrate judges are

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

31  Constitution. This subparagraph is subject to the Open


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 1  Government Sunset Review Act of 1995 in accordance with s.

 2  119.15, and shall stand repealed on October 2, 2009, unless

 3  reviewed and saved from repeal through reenactment by the

 4  Legislature.

 5         5.  The home addresses, telephone numbers, social

 6  security numbers, and photographs of current or former code

 7  enforcement officers; the names, home addresses, telephone

 8  numbers, social security numbers, photographs, and places of

 9  employment of the spouses and children of such persons; and

10  the names and locations of schools and day care facilities

11  attended by the children of such persons are exempt from

12  subsection (1) and s. 24(a), Art. I of the State Constitution.

13  This subparagraph is subject to the Open Government Sunset

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

15  stand repealed on October 2, 2006, unless reviewed and saved

16  from repeal through reenactment by the Legislature.

17         6.  The home addresses, telephone numbers, places of

18  employment, and photographs of current or former guardians ad

19  litem, as defined in s. 39.820, and the names, home addresses,

20  telephone numbers, and places of employment of the spouses and

21  children of such persons, are exempt from subsection (1) and

22  s. 24(a), Art. I of the State Constitution, if the guardian ad

23  litem provides a written statement that the guardian ad litem

24  has made reasonable efforts to protect such information from

25  being accessible through other means available to the public.

26  This subparagraph is subject to the Open Government Sunset

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

28  stand repealed on October 2, 2010, unless reviewed and saved

29  from repeal through reenactment by the Legislature.

30         7.  An agency that is the custodian of the personal

31  information specified in subparagraph 1., subparagraph 2.,


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 1  subparagraph 3., subparagraph 4., or subparagraph 5., or

 2  subparagraph 6., and that is not the employer of the officer,

 3  employee, justice, judge, or other person specified in

 4  subparagraph 1., subparagraph 2., subparagraph 3.,

 5  subparagraph 4., or subparagraph 5., or subparagraph 6., shall

 6  maintain the exempt status of the personal information only if

 7  the officer, employee, justice, judge, other person, or

 8  employing agency of the designated employee submits a written

 9  request for maintenance of the exemption to the custodial

10  agency.

11         Section 5.  The Legislature finds that it is a public

12  necessity that home addresses, telephone numbers, places of

13  employment, and photographs of current or former guardians ad

14  litem, and the names, home addresses, telephone numbers, and

15  places of employment of the spouses and children of such

16  persons, be made exempt from public-records requirements.

17  Guardians ad litem provide a valuable service to the

18  community. They interact with victims of child abuse and

19  neglect and, at times, the perpetrators of that abuse or

20  neglect. The capacity in which they work or volunteer their

21  time does not always create good will. Different persons may

22  be disgruntled with the testimony, report, or recommendation

23  made by guardians ad litem. The testimony of guardians ad

24  litem could create a safety risk. Thus, the guardians ad

25  litem, or the spouses and children of guardians ad litem,

26  could become a potential target for acts of revenge. If the

27  information specified in this act remains available, the

28  safety and welfare of guardians ad litem, and their spouses

29  and children, could be seriously jeopardized. Accordingly, it

30  is a public necessity that identifying and location

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 1  information of guardians ad litem, and their spouses and

 2  children, be made exempt from public disclosure.

 3         Section 6.  This act shall take effect October 1, 2005.

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