HB 1099

1	A bill to be entitled
2	An act relating to public records; amending ss. 119.071
3	and 409.175, F.S.; expanding a public records exemption
4	relating to licensed foster parents and their families to
5	include records held by all agencies in addition to the
6	Department of Children and Family Services; providing for
7	future review and repeal of the exemption under the Open
8	Government Sunset Review Act; providing a statement of
9	public necessity; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Subsection (6) is added to section 119.071,
14	Florida Statutes, to read:
15	119.071  General exemptions from inspection or copying of
16	public records.-
17	(6)  INFORMATION RELATING TO FOSTER PARENTS AND THEIR
18	FAMILIES.-
19	(a)  The following information held by an agency regarding
20	a licensed foster parent, and the foster parent's spouse, minor
21	child, and other adult household member, is exempt from s.
22	119.07(1) and s. 24(a), Art. I of the State Constitution:
23	1.  The home, business, work, child care, or school
24	addresses and telephone numbers;
25	2.  Birth dates;
26	3.  Medical records;
27	4.  The floor plan of the home; and
28	5.  Photographs of such persons.
29	(b)  If a foster parent's license is no longer active, the
30	information made exempt pursuant to this subsection shall become
31	public 5 years after the expiration date of such foster parent's
32	foster care license except that:
33	1.  Medical records shall remain exempt from s. 119.07(1)
34	and s. 24(a), Art. I of the State Constitution.
35	2.  Exempt information regarding a licensed foster parent
36	who has become an adoptive parent, and exempt information
37	regarding such foster parent's spouse, minor child, or other
38	adult household member, shall remain exempt from s. 119.07(1)
39	and s. 24(a), Art. I of the State Constitution.
40	(c)  This exemption applies to information made exempt by
41	this subsection before, on, or after the effective date of the
42	exemption.
43	(d)  This subsection is subject to the Open Government
44	Sunset Review Act in accordance with s. 119.15, and shall stand
45	repealed on October 2, 2015, unless reviewed and saved from
46	repeal through reenactment by the Legislature.
47	Section 2.  The Legislature finds that it is a public
48	necessity that the public records exemption currently found in
49	s. 409.175(16)(b), Florida Statutes, be expanded to include
50	records and information held by any agency regarding a licensed
51	foster parent, and the foster parent's spouse, minor child, and
52	other adult household members. Public access to such records
53	held by any agency could cause harm or embarrassment to an
54	individual and constitute an unwarranted invasion into the
55	individual's life and personal privacy. The harm from disclosing
56	these records outweighs any public benefit that can be derived
57	from public access to such records. Moreover, release of such
58	identifying information might place a foster parent and his or
59	her spouse, child, or other adult household member in danger of
60	physical and emotional harm from disgruntled natural parents or
61	relatives who may wish to usurp the legal process of the foster
62	care system. Furthermore, the public availability of such
63	records and identifying information regarding foster parents
64	could have a negative, chilling effect on the recruitment of
65	such persons to participate in the foster care system.
66	Accordingly, the public records exemption for such information
67	is a public necessity for the effective and efficient operation
68	of this state's foster care system.
69	Section 3.  Subsection (16) of section 409.175, Florida
70	Statutes, is amended to read:
71	409.175  Licensure of family foster homes, residential
72	child-caring agencies, and child-placing agencies; public
73	records exemption.-
74	(16)(a)1.  The following information held by the Department
75	of Children and Family Services regarding a foster parent
76	applicant and such applicant's spouse, minor child, and other
77	adult household member is exempt from s. 119.07(1) and s. 24(a),
78	Art. I of the State Constitution:
79	a.  The home, business, work, child care, or school
80	addresses and telephone numbers;
81	b.  Birth dates;
82	c.  Medical records;
83	d.  The floor plan of the home; and
84	e.  Photographs of such persons.
85	2.  If a foster parent applicant does not receive a foster
86	parent license, the information made exempt pursuant to this
87	paragraph shall become public 5 years after the date of
88	application, except that medical records shall remain exempt
89	from s. 119.07(1) and s. 24(a), Art. I of the State
90	Constitution.
91	3.  This exemption applies to information made exempt by
92	this paragraph before, on, or after the effective date of the
93	exemption.
94	(b)1.  The following information held by the Department of
95	Children and Family Services regarding a licensed foster parent
96	and the foster parent's spouse, minor child, and other adult
97	household member is exempt from s. 119.07(1) and s. 24(a), Art.
98	I of the State Constitution:
99	a.  The home, business, work, child care, or school
100	addresses and telephone numbers;
101	b.  Birth dates;
102	c.  Medical records;
103	d.  The floor plan of the home; and
104	e.  Photographs of such persons.
105	2.  If a foster parent's license is no longer active, the
106	information made exempt pursuant to this paragraph shall become
107	public 5 years after the expiration date of such foster parent's
108	foster care license except that:
109	a.  Medical records shall remain exempt from s. 119.07(1)
110	and s. 24(a), Art. I of the State Constitution.
111	b.  Exempt information regarding a licensed foster parent
112	who has become an adoptive parent and exempt information
113	regarding such foster parent's spouse, minor child, or other
114	adult household member shall remain exempt from s. 119.07(1) and
115	s. 24(a), Art. I of the State Constitution.
116	3.  This exemption applies to information made exempt by
117	this paragraph before, on, or after the effective date of the
118	exemption.
119	(b)(c)  The name, address, and telephone number of persons
120	providing character or neighbor references regarding foster
121	parent applicants or licensed foster parents held by the
122	Department of Children and Family Services are exempt from s.
123	119.07(1) and s. 24(a), Art. I of the State Constitution.
124	Section 4.  This act shall take effect October 1, 2010.
125

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