Florida Senate - 2022                                     SB 558
       By Senator Berman
       31-00497B-22                                           2022558__
    1                        A bill to be entitled                      
    2         An act relating to court recordings; amending s.
    3         61.13, F.S.; requiring that certain family law court
    4         proceedings be electronically or stenographically
    5         recorded in their entirety; requiring that the
    6         recordings or transcripts of a proceeding be made
    7         available to the parties for purchase; providing
    8         exceptions; requiring the court to provide an indigent
    9         party with a recording or transcript of the proceeding
   10         at no cost, upon request; amending ss. 61.1827 and
   11         409.2579, F.S.; conforming cross-references; providing
   12         an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Present subsections (7), (8), and (9) of section
   17  61.13, Florida Statutes, are redesignated as subsections (8),
   18  (9), and (10), respectively, and a new subsection (7) is added
   19  to that section, to read:
   20         61.13 Support of children; parenting and time-sharing;
   21  powers of court.—
   22         (7)(a)Any court proceeding in which issues of parental
   23  responsibility or time-sharing are noticed must be
   24  electronically or stenographically recorded to establish a
   25  complete record, and the recordings or transcripts of the
   26  proceeding must be made available to the parties for purchase.
   27  The electronic or stenographic recording may not omit any part
   28  of the proceeding unless all of the parties agree, upon the
   29  request of one party for good cause shown, or upon the request
   30  of the guardian ad litem based upon the safety, well-being, or
   31  best interests of a child. The court must approve the agreement
   32  or request.
   33         (b) Upon request, the court must provide an electronic
   34  recording of the proceeding, at no cost, to a party determined
   35  indigent by the court or by the clerk of the court pursuant to
   36  s. 27.52. Upon entry of a court order or if an indigent party
   37  files an appeal, the court must provide transcripts of the
   38  proceeding which are prepared by an approved court reporter or
   39  transcriptionist at no cost to the indigent party.
   40         Section 2. Subsection (1) of section 61.1827, Florida
   41  Statutes, is amended to read:
   42         61.1827 Identifying information concerning applicants for
   43  and recipients of child support services.—
   44         (1) Any information that reveals the identity of applicants
   45  for or recipients of child support services, including the name,
   46  address, and telephone number of such persons, held by a non
   47  Title IV-D county child support enforcement agency is
   48  confidential and exempt from s. 119.07(1) and s. 24(a) of Art. I
   49  of the State Constitution. The use or disclosure of such
   50  information by the non-Title IV-D county child support
   51  enforcement agency is limited to the purposes directly connected
   52  with:
   53         (a) Any investigation, prosecution, or criminal or civil
   54  proceeding connected with the administration of any non-Title
   55  IV-D county child support enforcement program;
   56         (b) Mandatory disclosure of identifying and location
   57  information as provided in s. 61.13(8) s. 61.13(7) by the non
   58  Title IV-D county child support enforcement agency when
   59  providing non-Title IV-D services;
   60         (c) Mandatory disclosure of information as required by ss.
   61  409.2577, 61.181, 61.1825, and 61.1826 and Title IV-D of the
   62  Social Security Act; or
   63         (d) Disclosure to an authorized person, as defined in 45
   64  C.F.R. s. 303.15, for purposes of enforcing any state or federal
   65  law with respect to the unlawful taking or restraint of a child
   66  or making or enforcing a parenting plan. As used in this
   67  paragraph, the term “authorized person” includes a parent with
   68  whom the child does not currently reside, unless a court has
   69  entered an order under s. 741.30, s. 741.31, or s. 784.046.
   70         Section 3. Subsection (1) of section 409.2579, Florida
   71  Statutes, is amended to read:
   72         409.2579 Safeguarding Title IV-D case file information.—
   73         (1) Information concerning applicants for or recipients of
   74  Title IV-D child support services is confidential and exempt
   75  from the provisions of s. 119.07(1). The use or disclosure of
   76  such information by the IV-D program is limited to purposes
   77  directly connected with:
   78         (a) The administration of the plan or program approved
   79  under part A, part B, part D, part E, or part F of Title IV;
   80  under Title II, Title X, Title XIV, Title XVI, Title XIX, or
   81  Title XX; or under the supplemental security income program
   82  established under Title XVI of the Social Security Act;
   83         (b) Any investigation, prosecution, or criminal or civil
   84  proceeding connected with the administration of any such plan or
   85  program;
   86         (c) The administration of any other federal or federally
   87  assisted program which provides service or assistance, in cash
   88  or in kind, directly to individuals on the basis of need;
   89         (d) Reporting to an appropriate agency or official,
   90  information on known or suspected instances of physical or
   91  mental injury, child abuse, sexual abuse or exploitation, or
   92  negligent treatment or maltreatment of a child who is the
   93  subject of a support enforcement activity under circumstances
   94  which indicate that the child’s health or welfare is threatened
   95  thereby; and
   96         (e) Mandatory disclosure of identifying and location
   97  information as provided in s. 61.13(8) s. 61.13(7) by the IV-D
   98  program when providing Title IV-D services.
   99         Section 4. This act shall take effect July 1, 2024.