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.

18  

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

20  

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.

 8  

 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;

30  

31  

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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.

31  

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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.

18  

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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