Florida Senate - 2010                              CS for SB 888
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       and Children, Families, and Elder Affairs
       
       
       
       585-03543-10                                           2010888c1
    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
    5         for certain information regarding a child held by a
    6         guardian ad litem; clarifying and reorganizing the
    7         exemption; removing the scheduled repeal of the
    8         exemption; providing 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.