Senate Bill sb2220
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Florida Senate - 2005 SB 2220
By Senator King
8-1174C-05
1 A bill to be entitled
2 An act relating to public records; creating s.
3 1002.72, F.S.; providing an exemption from
4 public-records requirements for records of
5 children in the Voluntary Prekindergarten
6 Education Program; providing for application of
7 the exemption; authorizing a parent, guardian,
8 or individual acting as a parent in the absence
9 of a parent or guardian to inspect and copy the
10 records of his or her child; specifying
11 agencies and organizations to which the records
12 may be released for certain authorized
13 purposes; providing for future legislative
14 review and repeal of the exemption under the
15 Open Government Sunset Review Act; providing a
16 statement of public necessity; providing an
17 effective date.
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19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Section 1002.72, Florida Statutes, is
22 created to read:
23 1002.72 Records of children in the Voluntary
24 Prekindergarten Education Program.--
25 (1) The personally identifiable records of children
26 enrolled in the Voluntary Prekindergarten Education Program
27 provided under s. 1002.53, and any personal information
28 contained in those records, are confidential and exempt from
29 s. 119.07 and s. 24(a), Art. I of the State Constitution when
30 held by any of the following entities:
31 (a) The Agency for Workforce Innovation.
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Florida Senate - 2005 SB 2220
8-1174C-05
1 (b) An early learning coalition established under s.
2 411.01.
3 (c) The fiscal agent of an early learning coalition
4 which is designated under s. 411.01(5)(f).
5 (d) A central agency or other entity performing duties
6 assigned to an early learning coalition which are performed
7 under contract with the coalition.
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9 This exemption applies before, on, and after the effective
10 date of this act.
11 (2) A parent, guardian, or individual acting as a
12 parent in the absence of a parent or guardian has the right to
13 inspect and review the prekindergarten records of his or her
14 child and to obtain a copy of the records.
15 (3) Prekindergarten records may be released to:
16 (a) The United States Secretary of Education, the
17 United States Secretary of Health and Human Services, and the
18 Comptroller General of the United States for the purpose of
19 federal audits;
20 (b) Individuals or organizations conducting studies
21 for institutions to develop, validate, or administer
22 assessments or improve instruction;
23 (c) Accrediting organizations in order to carry out
24 their accrediting functions;
25 (d) Appropriate parties in connection with an
26 emergency if the information is necessary to protect the
27 health or safety of the child or other individuals;
28 (e) The Auditor General in connection with his or her
29 official functions;
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Florida Senate - 2005 SB 2220
8-1174C-05
1 (f) A court of competent jurisdiction in compliance
2 with an order of that court in accordance with a lawfully
3 issued subpoena; and
4 (g) Parties to an interagency agreement among early
5 learning coalitions, local governmental agencies, providers of
6 prekindergarten programs, state agencies, and the Agency for
7 Workforce Innovation for purposes of administering the
8 prekindergarten program.
9 (4) Each agency, organization, or individual receiving
10 prekindergarten records in order to carry out official
11 functions must protect the data in a manner that does not
12 permit the personal identification of children or their
13 parents by persons other than those authorized to receive the
14 records.
15 (5) This section is subject to the Open Government
16 Sunset Review Act of 1995 in accordance with s. 119.15 and
17 shall stand repealed on October 2, 2010, unless reviewed and
18 saved from repeal through reenactment by the Legislature.
19 Section 2. (1) The Legislature finds that:
20 (a) The records of children enrolled in
21 prekindergarten programs contain sensitive personal
22 information concerning those children and that public
23 disclosure of the records would likely cause harm to children,
24 including, but not limited to, labeling and other social
25 stigmas resulting from the public disclosure of sensitive
26 personal information; and
27 (b) The contents of prekindergarten records are
28 substantially similar to the content of educational records
29 for which a student has a right of privacy under federal law
30 and section 1002.22(3)(d), Florida Statutes.
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Florida Senate - 2005 SB 2220
8-1174C-05
1 (2) The Legislature finds that public disclosure of
2 these prekindergarten records would jeopardize the safety of
3 children by increasing the availability of information that
4 could be used to endanger the safety of children, including
5 their abduction.
6 (3) The Legislature further finds that it is a public
7 necessity to ensure the privacy and safety of children
8 enrolled in prekindergarten programs by keeping the personally
9 identifiable records of the children, and any personal
10 information contained in those records, confidential and
11 exempt from public disclosure, whether the records are held by
12 the Agency for Workforce Innovation, an early learning
13 coalition, a coalition's fiscal agent, or a central agency or
14 other entity performing duties under contract with a
15 coalition.
16 Section 3. This act shall take effect upon becoming a
17 law.
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19 *****************************************
20 SENATE SUMMARY
21 Exempts the records of children in the Voluntary
Prekindergarten Education Program from disclosure under
22 the public records law. Provides an exception for a
parent, guardian, or individual acting in the absence of
23 a parent or guardian with respect to the records of his
or her own child. Authorizes certain federal agencies and
24 organizations to have access to the records for purposes
of audits, accreditation, and other official duties.
25 Provides for future review and repeal under the Open
Government Sunset Review Act.
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