Senate Bill sb7044pb

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7044

    FOR CONSIDERATION By the Committee on Children and Families





    586-667-06

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act; amending s.

  4         61.1827, F.S., relating to an exemption from

  5         public-records requirements provided for

  6         identifying information concerning applicants

  7         for and recipients of child support services;

  8         saving the exemption from repeal under the Open

  9         Government Sunset Review Act; deleting

10         provisions providing for the repeal of the

11         exemption; providing an effective date.

12  

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

14  

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, in the possession of a non-Title IV-D county child

23  support enforcement agency is confidential and exempt from

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

25  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;

                                  1

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7044
    586-667-06




 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.

                                  2

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7044
    586-667-06




 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.

 6  

 7            *****************************************

 8                          SENATE SUMMARY

 9    Saves from repeal under the Open Government Sunset Review
      Act an exemption from public-records requirements
10    provided for identifying information concerning
      applicants for and recipients of child support services.
11    Removes the repeal of the exemption scheduled on October
      2, 2006.
12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  3

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