HB 1929

CS

CHAMBER ACTION

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

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