Florida Senate - 2008 (Reformatted) SB 1046

By the Committee on Children, Families, and Elder Affairs

586-02883-08 20081046__

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A bill to be entitled

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An act relating to a review under the Open Government

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Sunset Review Act; amending s. 409.175, F.S.; revising the

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public-records exemption provided for information held by

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the Department of Children and Family Services regarding

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foster parent applicants, foster parents, and persons

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providing character or neighbor references regarding

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foster parent applicants or foster parents; removing an

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exemption provided for social security numbers; saving the

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exemption from repeal under the Open Government Sunset

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Review Act; repealing s. 2, ch. 2003-83, Laws of Florida;

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deleting provisions that provide for the repeal of the

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exemption; providing an effective date.

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

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     Section 1.  Subsection (16) of section 409.175, Florida

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Statutes, is amended to read:

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     409.175  Licensure of family foster homes, residential

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child-caring agencies, and child-placing agencies; public records

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exemption.--

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     (16)(a)1. The following information held by the Department

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of Children and Family Services regarding a foster parent

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applicant and such applicant's spouse, minor child, and other

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adult household member is exempt from the provisions of s.

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119.07(1) and s. 24(a), Art. I of the State Constitution, unless

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otherwise ordered by a court:

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     a. The home, business, work, child care, or school

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addresses and telephone numbers; social security numbers;

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     b. Birth dates;

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     c. Medical records;

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     d. The floor plan of the home; and

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     e. Photographs of such persons.

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     2. If a foster parent applicant does not receive a foster

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parent license, the information made exempt pursuant to this

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paragraph shall become public 5 years after the date of

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application, except that social security numbers and medical

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records shall remain exempt from the provisions of s. 119.07(1)

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and s. 24(a), Art. I of the State Constitution.

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     3. This exemption applies to information made exempt by

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this paragraph before, on, or after the effective date of the

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exemption.

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     (b)1. The following information held by the Department of

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Children and Family Services regarding a licensed foster parent

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and the foster parent's spouse, minor child, and other adult

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household member is exempt from the provisions of s. 119.07(1)

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and s. 24(a), Art. I of the State Constitution, unless otherwise

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ordered by a court:

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     a. The home, business, work, child care, or school

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addresses and telephone numbers; social security numbers;

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     b. Birth dates;

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     c. Medical records;

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     d. The floor plan of the home; and

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     e. Photographs of such persons.

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     2. If a foster parent's license is no longer active, the

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information made exempt pursuant to this paragraph shall become

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public 5 years after the expiration date of such foster parent's

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foster care license, except that: social security numbers and

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     a. Medical records shall remain exempt from the provisions

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of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

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     b. However, Exempt information regarding a licensed foster

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parent who has become an adoptive parent and exempt information

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regarding such foster parent's spouse, minor child, or other

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adult household member shall not become available to the public 5

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years after expiration of such foster parent's license and shall

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remain exempt from the provisions of s. 119.07(1) and s. 24(a),

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Art. I of the State Constitution.

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     3. This exemption applies to information made exempt by

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this paragraph before, on, or after the effective date of the

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exemption.

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     (c)  The name, address, and telephone number of persons

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providing character or neighbor references regarding foster

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parent applicants or licensed foster parents held by the

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Department of Children and Family Services are exempt from the

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provisions of s. 119.07(1) and s. 24(a), Art. I of the State

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Constitution.

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     Section 2. Section 2 of chapter 2003-83, Laws of Florida,

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is repealed.

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     Section 3.  This act shall take effect July 1, 2008.

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