HB 1929

1	A bill to be entitled
2	An act relating to public records exemptions; amending s.
3	39.202, F.S.; creating an exception to the exemption from
4	public records requirements for all records held by the
5	Department of Children and Family Services concerning
6	reports of child abandonment, abuse, or neglect; amending
7	s. 39.0132, F.S.; creating an exemption from public
8	records requirements for information obtained by a
9	guardian ad litem in the discharge of his or her official
10	duty; providing an exception to the exemption; providing
11	for review and repeal; providing a statement of public
12	necessity; amending s. 119.07, F.S.; creating an exemption
13	from public records requirements for certain
14	identification and location information regarding a
15	current or former guardian ad litem or the spouse and
16	children of the guardian ad litem; providing for review
17	and repeal; providing a statement of public necessity;
18	providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Paragraph (q) is added to subsection (2) of
23	section 39.202, Florida Statutes, to read:
24	39.202  Confidentiality of reports and records in cases of
25	child abuse or neglect.--
26	(2)  Except as provided in subsection (4), access to such
27	records, excluding the name of the reporter which shall be
28	released only as provided in subsection (5), shall be granted
29	only to the following persons, officials, and agencies:
30	(q)  Staff of a child's advocacy center that is established
31	and operated under s. 39.3035.
32	(4)  Notwithstanding any other provision of law, when a
33	child under investigation or supervision of the department or
34	its contracted service providers is determined to be missing,
35	the following shall apply:
36	(a)  The department may release the following information
37	to the public when it believes the release of the information is
38	likely to assist efforts in locating the child or to promote the
39	safety or well-being of the child:
40	1.  The name of the child and the child's date of birth;
41	2.  A physical description of the child, including at a
42	minimum the height, weight, hair color, eye color, gender, and
43	any identifying physical characteristics of the child; and
44	3.  A photograph of the child.
45	(b)  With the concurrence of the law enforcement agency
46	primarily responsible for investigating the incident, the
47	department may release any additional information it believes
48	likely to assist efforts in locating the child or to promote the
49	safety or well-being of the child.
50	(c)  The law enforcement agency primarily responsible for
51	investigating the incident may release any information received
52	from the department regarding the investigation, if it believes
53	the release of the information is likely to assist efforts in
54	locating the child or to promote the safety or well-being of the
55	child.
56
57	The good faith publication or release of this information by the
58	department, a law enforcement agency, or any recipient of the
59	information as specifically authorized by this subsection shall
60	not subject the person, agency or entity releasing the
61	information to any civil or criminal penalty. This subsection
62	does not authorize the release of the name of the reporter,
63	which may be released only as provided in subsection (5).
64	(5)  The name of any person reporting child abuse,
65	abandonment, or neglect may not be released to any person other
66	than employees of the department responsible for child
67	protective services, the central abuse hotline, law enforcement,
68	the child protection team, or the appropriate state attorney,
69	without the written consent of the person reporting. This does
70	not prohibit the subpoenaing of a person reporting child abuse,
71	abandonment, or neglect when deemed necessary by the court, the
72	state attorney, or the department, provided the fact that such
73	person made the report is not disclosed. Any person who reports
74	a case of child abuse or neglect may, at the time he or she
75	makes the report, request that the department notify him or her
76	that a child protective investigation occurred as a result of
77	the report. Any person specifically listed in s. 39.201(1) who
78	makes a report in his or her official capacity may also request
79	a written summary of the outcome of the investigation. The
80	department shall mail such a notice to the reporter within 10
81	days after completing the child protective investigation.
82	Section 2.  Subsection (4) of section 39.0132, Florida
83	Statutes, is amended to read:
84	39.0132  Oaths, records, and confidential information.--
85	(4)(a)1.  All information obtained pursuant to this part in
86	the discharge of official duty by any judge, employee of the
87	court, authorized agent of the department, correctional
88	probation officer, or law enforcement agent is confidential and
89	exempt from s. 119.07(1) and may not be disclosed to anyone
90	other than the authorized personnel of the court, the department
91	and its designees, correctional probation officers, law
92	enforcement agents, guardian ad litem, and others entitled under
93	this chapter to receive that information, except upon order of
94	the court.
95	2.  All information obtained pursuant to this part in the
96	discharge of official duty by any guardian ad litem is
97	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
98	of the State Constitution, and may not be disclosed to anyone
99	other than the authorized personnel of the court, the department
100	and its designees, correctional probation officers, law
101	enforcement agents, guardians ad litem, and others entitled
102	under this chapter to receive that information, except upon
103	order of the court. This subparagraph is subject to the Open
104	Government Sunset Review Act of 1995 in accordance with s.
105	119.15, and shall stand repealed on October 2, 2010, unless
106	reviewed and saved from repeal through reenactment by the
107	Legislature.
108	(b)  The department shall disclose to the school
109	superintendent the presence of any child in the care and custody
110	or under the jurisdiction or supervision of the department who
111	has a known history of criminal sexual behavior with other
112	juveniles; is an alleged juvenile sex offender, as defined in s.
113	39.01; or has pled guilty or nolo contendere to, or has been
114	found to have committed, a violation of chapter 794, chapter
115	796, chapter 800, s. 827.071, or s. 847.0133, regardless of
116	adjudication. Any employee of a district school board who
117	knowingly and willfully discloses such information to an
118	unauthorized person commits a misdemeanor of the second degree,
119	punishable as provided in s. 775.082 or s. 775.083.
120	Section 3.  The Legislature finds that it is a public
121	necessity that information obtained by a guardian ad litem in
122	discharging duties with respect to proceedings relating to
123	children should be made confidential and exempt from public
124	records requirements. The Legislature finds that the information
125	obtained by a guardian ad litem in ensuring the care, safety,
126	and protection of children is sensitive and personal to the
127	child and his or her family and that release of this information
128	could expose the child to harm or injure the reputation of the
129	child or the child's family. Providing confidential and exempt
130	status to the information obtained by a guardian ad litem will
131	facilitate the ability of the guardian ad litem to represent the
132	best interests of the child in legal proceedings and thereby
133	fulfill the purpose and administration of the guardian ad litem
134	program.
135	Section 4.  Paragraph (i) of subsection (6) of section
136	119.07, Florida Statutes, is amended to read:
137	119.07  Inspection and copying of records; photographing
138	public records; fees; exemptions.--
139	(6)
140	(i)1.  The home addresses, telephone numbers, social
141	security numbers, and photographs of active or former law
142	enforcement personnel, including correctional and correctional
143	probation officers, personnel of the Department of Children and
144	Family Services whose duties include the investigation of abuse,
145	neglect, exploitation, fraud, theft, or other criminal
146	activities, personnel of the Department of Health whose duties
147	are to support the investigation of child abuse or neglect, and
148	personnel of the Department of Revenue or local governments
149	whose responsibilities include revenue collection and
150	enforcement or child support enforcement; the home addresses,
151	telephone numbers, social security numbers, photographs, and
152	places of employment of the spouses and children of such
153	personnel; and the names and locations of schools and day care
154	facilities attended by the children of such personnel are exempt
155	from the provisions of subsection (1). The home addresses,
156	telephone numbers, and photographs of firefighters certified in
157	compliance with s. 633.35; the home addresses, telephone
158	numbers, photographs, and places of employment of the spouses
159	and children of such firefighters; and the names and locations
160	of schools and day care facilities attended by the children of
161	such firefighters are exempt from subsection (1). The home
162	addresses and telephone numbers of justices of the Supreme
163	Court, district court of appeal judges, circuit court judges,
164	and county court judges; the home addresses, telephone numbers,
165	and places of employment of the spouses and children of justices
166	and judges; and the names and locations of schools and day care
167	facilities attended by the children of justices and judges are
168	exempt from the provisions of subsection (1). The home
169	addresses, telephone numbers, social security numbers, and
170	photographs of current or former state attorneys, assistant
171	state attorneys, statewide prosecutors, or assistant statewide
172	prosecutors; the home addresses, telephone numbers, social
173	security numbers, photographs, and places of employment of the
174	spouses and children of current or former state attorneys,
175	assistant state attorneys, statewide prosecutors, or assistant
176	statewide prosecutors; and the names and locations of schools
177	and day care facilities attended by the children of current or
178	former state attorneys, assistant state attorneys, statewide
179	prosecutors, or assistant statewide prosecutors are exempt from
180	subsection (1) and s. 24(a), Art. I of the State Constitution.
181	2.  The home addresses, telephone numbers, social security
182	numbers, and photographs of current or former human resource,
183	labor relations, or employee relations directors, assistant
184	directors, managers, or assistant managers of any local
185	government agency or water management district whose duties
186	include hiring and firing employees, labor contract negotiation,
187	administration, or other personnel-related duties; the names,
188	home addresses, telephone numbers, social security numbers,
189	photographs, and places of employment of the spouses and
190	children of such personnel; and the names and locations of
191	schools and day care facilities attended by the children of such
192	personnel are exempt from subsection (1) and s. 24(a), Art. I of
193	the State Constitution. This subparagraph is subject to the Open
194	Government Sunset Review Act of 1995 in accordance with s.
195	119.15, and shall stand repealed on October 2, 2006, unless
196	reviewed and saved from repeal through reenactment by the
197	Legislature.
198	3.  The home addresses, telephone numbers, social security
199	numbers, and photographs of current or former United States
200	attorneys and assistant United States attorneys; the home
201	addresses, telephone numbers, social security numbers,
202	photographs, and places of employment of the spouses and
203	children of current or former United States attorneys and
204	assistant United States attorneys; and the names and locations
205	of schools and day care facilities attended by the children of
206	current or former United States attorneys and assistant United
207	States attorneys are exempt from subsection (1) and s. 24(a),
208	Art. I of the State Constitution. This subparagraph is subject
209	to the Open Government Sunset Review Act of 1995 in accordance
210	with s. 119.15 and shall stand repealed on October 2, 2009,
211	unless reviewed and saved from repeal through reenactment by the
212	Legislature.
213	4.  The home addresses, telephone numbers, social security
214	numbers, and photographs of current or former judges of United
215	States Courts of Appeal, United States district judges, and
216	United States magistrate judges; the home addresses, telephone
217	numbers, social security numbers, photographs, and places of
218	employment of the spouses and children of current or former
219	judges of United States Courts of Appeal, United States district
220	judges, and United States magistrate judges; and the names and
221	locations of schools and day care facilities attended by the
222	children of current or former judges of United States Courts of
223	Appeal, United States district judges, and United States
224	magistrate judges are exempt from subsection (1) and s. 24(a),
225	Art. I of the State Constitution. This subparagraph is subject
226	to the Open Government Sunset Review Act of 1995 in accordance
227	with s. 119.15, and shall stand repealed on October 2, 2009,
228	unless reviewed and saved from repeal through reenactment by the
229	Legislature.
230	5.  The home addresses, telephone numbers, social security
231	numbers, and photographs of current or former code enforcement
232	officers; the names, home addresses, telephone numbers, social
233	security numbers, photographs, and places of employment of the
234	spouses and children of such persons; and the names and
235	locations of schools and day care facilities attended by the
236	children of such persons are exempt from subsection (1) and s.
237	24(a), Art. I of the State Constitution. This subparagraph is
238	subject to the Open Government Sunset Review Act of 1995 in
239	accordance with s. 119.15, and shall stand repealed on October
240	2, 2006, unless reviewed and saved from repeal through
241	reenactment by the Legislature.
242	6.  The home addresses, telephone numbers, places of
243	employment, and photographs of current or former guardians ad
244	litem, as defined in s. 39.820, and the names, home addresses,
245	telephone numbers, and places of employment of the spouses and
246	children of such persons, are exempt from subsection (1) and s.
247	24(a), Art. I of the State Constitution. This subparagraph is
248	subject to the Open Government Sunset Review Act of 1995 in
249	accordance with s. 119.15, and shall stand repealed on October
250	2, 2010, unless reviewed and saved from repeal through
251	reenactment by the Legislature.
252	7.  An agency that is the custodian of the personal
253	information specified in subparagraph 1., subparagraph 2.,
254	subparagraph 3., subparagraph 4., or subparagraph 5., or
255	subparagraph 6., and that is not the employer of the officer,
256	employee, justice, judge, or other person specified in
257	subparagraph 1., subparagraph 2., subparagraph 3., subparagraph
258	4., or subparagraph 5., or subparagraph 6., shall maintain the
259	exempt status of the personal information only if the officer,
260	employee, justice, judge, other person, or employing agency of
261	the designated employee submits a written request for
262	maintenance of the exemption to the custodial agency.
263	Section 5.  The Legislature finds that it is a public
264	necessity that home addresses, telephone numbers, places of
265	employment, and photographs of current or former guardians ad
266	litem, and the names, home addresses, telephone numbers, and
267	places of employment of the spouses and children of such
268	persons, be made exempt from public records requirements.
269	Guardians ad litem provide a valuable service to the community.
270	They interact with victims of child abuse and neglect and, at
271	times, the perpetrators of that abuse or neglect. The capacity
272	in which they work or volunteer their time does not always
273	create good will. Different persons may be disgruntled with the
274	testimony, report, or recommendation made by guardians ad litem.
275	The testimony of guardians ad litem could create a safety risk.
276	Thus, the guardians ad litem, or the spouses and children of
277	guardians ad litem, could become a potential target for acts of
278	revenge. If the information specified in this act remains
279	available, the safety and welfare of guardians ad litem, and
280	their spouses and children, could be seriously jeopardized.
281	Accordingly, it is a public necessity that identifying and
282	location information of guardians ad litem, and their spouses
283	and children, be made exempt from public disclosure.
284	Section 6.  This act shall take effect October 1, 2005.

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