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The Committee on Judiciary (Gaetz) recommended the following

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amendment:

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     Senate Amendment

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     Delete line(s) 212-249

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and insert:

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     (4) Notwithstanding subsections (1) and (2), the secretary

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may make public records of the department which pertain to an

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investigation of alleged abuse, abandonment, or neglect of a

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child which resulted in serious mental, emotional, or physical

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injury to the child, or any information included in such records,

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if the secretary determines that the release of the records is in

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the public interest.

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     (a) In making a determination of the public interest, the

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secretary shall balance the best interests of the child who is

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the focus of the investigation and the interest of the child's

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siblings, together with the privacy rights of other persons

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identified in the reports, against the public interest. The

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public interest in access to such records is reflected in s.

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119.01(1) and includes the need for the public to know and

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adequately evaluate the actions of the department and the court

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system in providing children with the protections enumerated in

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s. 39.001. However, this subsection does not contravene s.

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39.202, which protects the name of any person reporting the

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abuse, abandonment, or neglect of a child.

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     (b) Before the records are made public, the secretary must

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state in writing and with specificity the basis for the

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determination of public interest.

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     (c) If the secretary determines that release of the records

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is in the public interest, the department shall redact the name

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of, and any other identifying information with respect to, any

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person identified in the report of abuse, abandonment, or neglect

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until the court finds that there is probable cause to believe the

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person identified committed an act of alleged abuse, abandonment,

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or neglect.

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     (d) Before releasing the records, the department shall make

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a good faith effort to notify the child, the child's caregiver,

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the child's attorney, the guardian ad litem assigned to the case,

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any person named as an alleged perpetrator in the report of

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abuse, abandonment, or neglect, and any law enforcement agency

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actively involved in investigating the alleged abuse,

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abandonment, or neglect. Such notification must take place at

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least 3 business days before the release of the records, by hand

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or via overnight delivery service, with evidence of delivery.

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     (e) After receiving notice, the child, the child's

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caregiver, the child's attorney, the guardian ad litem assigned

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to the case, any person named as an alleged perpetrator in the

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report, and any law enforcement agency actively investigating an

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allegation may petition a circuit court for an order preventing

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the department from releasing the records.

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     (f) The circuit court may order the department not to

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release the records only after finding that the best interests of

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the petitioner outweigh the public interest. The public interest

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in access to such records is reflected in s. 119.01(1), and

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includes the need for the public to know and adequately evaluate

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the actions of the department and the court system in providing

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children with the protections enumerated in s. 39.001.

4/7/2008  2:53:00 PM     4-06788A-08