HB 7051

1
A bill to be entitled
2An act relating to a review under the Open Government
3Sunset Review Act regarding foster care; amending s.
4409.175, F.S.; removing a duplicative exemption for social
5security numbers; reorganizing provisions; removing
6superfluous language; repealing s. 2, ch. 2003-83, Laws of
7Florida, which provides for repeal of the exemption;
8providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Subsection (16) of section 409.175, Florida
13Statutes, is amended to read:
14     409.175  Licensure of family foster homes, residential
15child-caring agencies, and child-placing agencies; public
16records exemption.--
17     (16)(a)1.  The following information held by the Department
18of Children and Family Services regarding a foster parent
19applicant and such applicant's spouse, minor child, and other
20adult household member is exempt from the provisions of s.
21119.07(1) and s. 24(a), Art. I of the State Constitution, unless
22otherwise ordered by a court:
23     a.  The home, business, work, child care, or school
24addresses and telephone numbers; social security numbers;
25     b.  Birth dates;
26     c.  Medical records;
27     d.  The floor plan of the home; and
28     e.  Photographs of such persons.
29     2.  If a foster parent applicant does not receive a foster
30parent license, the information made exempt pursuant to this
31paragraph shall become public 5 years after the date of
32application, except that social security numbers and medical
33records shall remain exempt from the provisions of s. 119.07(1)
34and s. 24(a), Art. I of the State Constitution.
35     3.  This exemption applies to information made exempt by
36this paragraph before, on, or after the effective date of the
37exemption.
38     (b)1.  The following information held by the Department of
39Children and Family Services regarding a licensed foster parent
40and the foster parent's spouse, minor child, and other adult
41household member is exempt from the provisions of s. 119.07(1)
42and s. 24(a), Art. I of the State Constitution, unless otherwise
43ordered by a court:
44     a.  The home, business, work, child care, or school
45addresses and telephone numbers; social security numbers;
46     b.  Birth dates;
47     c.  Medical records;
48     d.  The floor plan of the home; and
49     e.  Photographs of such persons.
50     2.  If a foster parent's license is no longer active, the
51information made exempt pursuant to this paragraph shall become
52public 5 years after the expiration date of such foster parent's
53foster care license, except that: social security numbers and
54     a.  Medical records shall remain exempt from the provisions
55of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
56     b.  However, Exempt information regarding a licensed foster
57parent who has become an adoptive parent and exempt information
58regarding such foster parent's spouse, minor child, or other
59adult household member shall not become available to the public
605 years after expiration of such foster parent's license and
61shall remain exempt from the provisions of s. 119.07(1) and s.
6224(a), Art. I of the State Constitution.
63     3.  This exemption applies to information made exempt by
64this paragraph before, on, or after the effective date of the
65exemption.
66     (c)  The name, address, and telephone number of persons
67providing character or neighbor references regarding foster
68parent applicants or licensed foster parents held by the
69Department of Children and Family Services are exempt from the
70provisions of s. 119.07(1) and s. 24(a), Art. I of the State
71Constitution.
72     Section 2.  Section 2 of chapter 2003-83, Laws of Florida,
73is repealed.
74     Section 3.  This act shall take effect October 1, 2008.


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