HB 7111

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act; amending s. 39.0132, F.S., which
4	provides an exemption from public records requirements for
5	certain information regarding a child held by a guardian
6	ad litem; clarifying and reorganizing the exemption;
7	removing the scheduled repeal of the exemption; providing
8	an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Paragraph (a) of subsection (4) of section
13	39.0132, Florida Statutes, is amended to read:
14	39.0132  Oaths, records, and confidential information.-
15	(4)(a)1.  All information obtained pursuant to this part in
16	the discharge of official duty by any judge, employee of the
17	court, authorized agent of the department, correctional
18	probation officer, or law enforcement agent is confidential and
19	exempt from s. 119.07(1) and may not be disclosed to anyone
20	other than the authorized personnel of the court, the department
21	and its designees, correctional probation officers, law
22	enforcement agents, guardian ad litem, and others entitled under
23	this chapter to receive that information, except upon order of
24	the court.
25	2.a.  The following Any information related to the best
26	interests of a child, as determined by a guardian ad litem,
27	which is held by a guardian ad litem is confidential and exempt
28	from s. 119.07(1) and s. 24(a), Art. I of the State
29	Constitution:, including but not limited to
30	(I)  Medical, mental health, substance abuse, child care,
31	education, law enforcement, court, social services, and
32	financial records.; and
33	(II)  Any other information maintained by a guardian ad
34	litem which is identified as confidential information under this
35	chapter; is confidential and exempt from s. 119.07(1) and s.
36	24(a), Art. I of the State Constitution.
37	b.  Such confidential and exempt information may not be
38	disclosed to anyone other than the authorized personnel of the
39	court, the department and its designees, correctional probation
40	officers, law enforcement agents, guardians ad litem, and others
41	entitled under this chapter to receive that information, except
42	upon order of the court. This subparagraph is subject to the
43	Open Government Sunset Review Act in accordance with s. 119.15,
44	and shall stand repealed on October 2, 2010, unless reviewed and
45	saved from repeal through reenactment by the Legislature.
46	Section 2.  This act shall take effect October 1, 2010.

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