Florida Senate - 2009                                    SB 1824
       
       
       
       By the Committee on Community Affairs
       
       
       
       
       578-02101-09                                          20091824__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 119.071, F.S.; revising
    4         an exemption under the public-records law for
    5         information that would identify a child participating
    6         in a government-sponsored recreation program; defining
    7         the terms “government-sponsored recreation program”
    8         and “child”; providing that such information is
    9         confidential and exempt from the public-records law;
   10         providing an exception; providing for future
   11         legislative review and repeal of the exemption;
   12         providing a statement of public necessity; repealing
   13         s. 2 of chapter 2004-32, Laws of Florida, deleting
   14         provisions providing for repeal of the exemption;
   15         providing an effective date.
   16         
   17  Be It Enacted by the Legislature of the State of Florida:
   18         
   19         Section 1. Paragraph (c) of subsection (5) of section
   20  119.071, Florida Statutes, is amended to read:
   21         119.071 General exemptions from inspection or copying of
   22  public records.—
   23         (5) OTHER PERSONAL INFORMATION.—
   24         (c)1. As used in this paragraph, the term “government
   25  sponsored recreation program” includes, but is not limited to,
   26  after-school programs, athletic programs, nature programs,
   27  camps, or other recreational programs for which an agency
   28  assumes responsibility for a child participating in the program.
   29  The term “child” means any person younger than 18 years of age,
   30  including persons declared emancipated by a court of competent
   31  jurisdiction.
   32         2. Any information that would identify or help to locate a
   33  child who participates in a government-sponsored recreation
   34  program programs or camps or the parents or guardians of such
   35  child, including, but not limited to, the name, home address,
   36  telephone number, social security number, or photograph of the
   37  child; the names and locations of schools attended by such
   38  child; and the names, home addresses, and social security
   39  numbers of parents or guardians of such child, is confidential
   40  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   41  Constitution. Information made exempt under pursuant to this
   42  subparagraph paragraph may be disclosed by court order upon a
   43  showing of good cause. This exemption applies to records held
   44  before, on, or after the effective date of this exemption.
   45         3. This paragraph is subject to the Open Government Sunset
   46  Review Act in accordance with s. 119.15, and shall stand
   47  repealed on October 2, 2014, unless reviewed and saved from
   48  repeal through reenactment by the Legislature.
   49         Section 2. The Legislature finds that it is a public
   50  necessity that any information that would identify or help to
   51  locate a child who participates in a government-sponsored
   52  recreation program or the parents or guardians of such child,
   53  including, but not limited to, the name, home address, telephone
   54  number, social security number, and photograph of such child, be
   55  held confidential and exempt from public-records requirements
   56  because revealing such information could create the opportunity
   57  for stalking, harassment, abduction, or abuse of such child.
   58  Information that identifies a child participating in a
   59  government-sponsored recreation program could be used to
   60  directly locate that child. Information that identifies a parent
   61  or guardian of a child participating in a government-sponsored
   62  recreation program could be used indirectly to locate such
   63  child. In addition, the Legislature finds that it is a public
   64  necessity to clarify the definition of the terms “government
   65  sponsored recreation program” and “child” in order to provide
   66  for uniformity in the application of the public-records
   67  exemption created in section 1 of this act so that every child
   68  participating in a government-sponsored recreation program is
   69  provided the same protection. Furthermore, the Legislature finds
   70  that it is a public necessity to provide that information
   71  identifying a child or the parents of a child that participates
   72  in a government-sponsored recreation program is confidential and
   73  exempt so that the limited circumstance under which such
   74  information may be obtained applies in every instance to a
   75  government-sponsored recreation program.
   76         Section 3. Section 2 of chapter 2004-32, Laws of Florida,
   77  is repealed.
   78         Section 4. This act shall take effect October 1, 2009.