Senate Bill sb1078c1

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    Florida Senate - 2006                           CS for SB 1078

    By the Committees on Governmental Oversight and Productivity;
    and Children and Families




    585-1726-06

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act regarding child

  4         support services; amending s. 61.1827, F.S.,

  5         which provides an exemption from public records

  6         requirements for information that reveals the

  7         identity of applicants for or recipients of

  8         child support services; making editorial

  9         changes; removing the scheduled repeal of the

10         exemption under the Open Government Sunset

11         Review Act; providing an effective date.

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

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15         Section 1.  Section 61.1827, Florida Statutes, is

16  amended to read:

17         61.1827  Identifying information concerning applicants

18  for and recipients of child support services.--

19         (1)  Any information that reveals the identity of

20  applicants for or recipients of child support services,

21  including the name, address, and telephone number of such

22  persons, held by in the possession of a non-Title IV-D county

23  child support enforcement agency is confidential and exempt

24  from public disclosure pursuant to s. 119.07(1) and s. 24(a)

25  of Art. I of the State Constitution. The use or disclosure of

26  such information by the non-Title IV-D county child support

27  enforcement agency is limited to the purposes directly

28  connected with:

29         (a)  Any investigation, prosecution, or criminal or

30  civil proceeding connected with the administration of any

31  non-Title IV-D county child support enforcement program;

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    Florida Senate - 2006                           CS for SB 1078
    585-1726-06




 1         (b)  Mandatory disclosure of identifying and location

 2  information as provided in s. 61.13(8) by the non-Title IV-D

 3  county child support enforcement agency when providing

 4  non-Title IV-D services; or

 5         (c)  Mandatory disclosure of information as required by

 6  ss. 409.2577, 61.181, 61.1825, and 61.1826 and Title IV-D of

 7  the Social Security Act; or.

 8         (d)  Disclosure to an authorized person, as defined in

 9  45 C.F.R. s. 303.15, for purposes of enforcing any state or

10  federal law with respect to the unlawful taking or restraint

11  of a child or making or enforcing a child custody or

12  visitation determination. As used in this paragraph, the term

13  "authorized person" includes a noncustodial parent, unless a

14  court has entered an order under s. 741.30, s. 741.31, or s.

15  784.046.

16         (2)  The non-Title IV-D county child support

17  enforcement agency shall not disclose information that

18  identifies by name and address an applicant for or recipient

19  of child support services or the whereabouts of such party or

20  child to another person against whom a protective order with

21  respect to the former party or the child has been entered if

22  the county agency has reason to believe that the release of

23  information to such person could result in physical or

24  emotional harm to the party or the child.

25         (3)  As used in this section, "non-Title IV-D county

26  child support enforcement agency" means a department,

27  division, or other agency of a county government which is

28  operated by the county, excluding local depositories pursuant

29  to s. 61.181 operated by the clerk of the court, to provide

30  child support enforcement and depository services to county

31  residents.

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    Florida Senate - 2006                           CS for SB 1078
    585-1726-06




 1         (4)  This section is subject to the Open Government

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

 3  shall stand repealed on October 2, 2006, unless reviewed and

 4  saved from repeal through reenactment by the Legislature.

 5         Section 2.  This act shall take effect October 1, 2006.

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 7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 8                             SB 1078

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10  Makes technical and grammatical changes to conform to uniform
    language for exemptions.
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