| 1 | A bill to be entitled |
| 2 | An act relating to a review under the Open Government |
| 3 | Sunset Review Act regarding child support services; |
| 4 | amending s. 61.1827, F.S., which provides an exemption |
| 5 | from public records requirements for information that |
| 6 | reveals the identity of applicants for or recipients of |
| 7 | child support services; making editorial changes; removing |
| 8 | the scheduled repeal of the exemption under the Open |
| 9 | Government Sunset Review Act; providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Section 61.1827, Florida Statutes, is amended |
| 14 | to read: |
| 15 | 61.1827 Identifying information concerning applicants for |
| 16 | and recipients of child support services.-- |
| 17 | (1) Any information that reveals the identity of |
| 18 | applicants for or recipients of child support services, |
| 19 | including the name, address, and telephone number of such |
| 20 | persons, held by in the possession of a non-Title IV-D county |
| 21 | child support enforcement agency is confidential and exempt from |
| 22 | public disclosure pursuant to s. 119.07(1) and s. 24(a) of Art. |
| 23 | I of the State Constitution. The use or disclosure of such |
| 24 | information by the non-Title IV-D county child support |
| 25 | enforcement agency is limited to the purposes directly connected |
| 26 | with: |
| 27 | (a) Any investigation, prosecution, or criminal or civil |
| 28 | proceeding connected with the administration of any non-Title |
| 29 | IV-D county child support enforcement program; |
| 30 | (b) Mandatory disclosure of identifying and location |
| 31 | information as provided in s. 61.13(8) by the non-Title IV-D |
| 32 | county child support enforcement agency when providing non-Title |
| 33 | IV-D services; or |
| 34 | (c) Mandatory disclosure of information as required by ss. |
| 35 | 409.2577, 61.181, 61.1825, and 61.1826 and Title IV-D of the |
| 36 | Social Security Act; or. |
| 37 | (d) Disclosure to an authorized person, as defined in 45 |
| 38 | C.F.R. s. 303.15, for purposes of enforcing any state or federal |
| 39 | law with respect to the unlawful taking or restraint of a child |
| 40 | or making or enforcing a child custody or visitation |
| 41 | determination. As used in this paragraph, the term "authorized |
| 42 | person" includes a noncustodial parent, unless a court has |
| 43 | entered an order under s. 741.30, s. 741.31, or s. 784.046. |
| 44 | (2) The non-Title IV-D county child support enforcement |
| 45 | agency shall not disclose information that identifies by name |
| 46 | and address an applicant for or recipient of child support |
| 47 | services or the whereabouts of such party or child to another |
| 48 | person against whom a protective order with respect to the |
| 49 | former party or the child has been entered if the county agency |
| 50 | has reason to believe that the release of information to such |
| 51 | person could result in physical or emotional harm to the party |
| 52 | or the child. |
| 53 | (3) As used in this section, "non-Title IV-D county child |
| 54 | support enforcement agency" means a department, division, or |
| 55 | other agency of a county government which is operated by the |
| 56 | county, excluding local depositories pursuant to s. 61.181 |
| 57 | operated by the clerk of the court, to provide child support |
| 58 | enforcement and depository services to county residents. |
| 59 | (4) This section is subject to the Open Government Sunset |
| 60 | Review Act of 1995 in accordance with s. 119.15 and shall stand |
| 61 | repealed on October 2, 2006, unless reviewed and saved from |
| 62 | repeal through reenactment by the Legislature. |
| 63 | Section 2. This act shall take effect October 1, 2006. |