Florida Senate - 2026                                    SB 1146
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-00573-26                                           20261146__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 39.301,
    3         F.S.; providing an exemption from public records
    4         requirements for recordings of interviews conducted as
    5         part of a protective investigation by the Department
    6         of Children and Families; authorizing the release of
    7         such recordings to certain persons; providing for
    8         future legislative review and repeal of the exemption;
    9         providing a statement of public necessity; providing a
   10         contingent effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (c) of subsection (25) of section
   15  39.301, Florida Statutes, as created by SB 1144 or similar
   16  legislation, is amended to read:
   17         39.301 Initiation of protective investigations.—
   18         (25)
   19         (c)1. A recording created pursuant to this section must be
   20  retained for at least 5 years.
   21         2. Recordings created pursuant to this section are
   22  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   23  of the State Constitution. A copy of a recording made
   24  confidential and exempt under this subparagraph may be released
   25  only:
   26         a. To persons conducting an investigation under this part,
   27  who must maintain the confidentiality of the recording; or
   28         b. Upon request in connection with a judicial proceeding,
   29  to the caregiver of the child subject to the protective
   30  investigation for which the interview took place, except as
   31  otherwise provided by court order.
   32         3. Subparagraph 2. is subject to the Open Government Sunset
   33  Review Act in accordance with s. 119.15 and shall stand repealed
   34  on October 2, 2031, unless reviewed and saved from repeal
   35  through reenactment by the Legislature.
   36         Section 2. The Legislature finds that it is a public
   37  necessity that recordings of interviews conducted as part of a
   38  protective investigation by the Department of Children and
   39  Families be made confidential and exempt from s. 119.07(1),
   40  Florida Statutes, and s. 24(a), Article I of the State
   41  Constitution. The Legislature finds that the recordings of such
   42  interviews must be protected from public disclosure to protect
   43  the privacy and identity of victims of and witnesses to acts of
   44  child abuse, abandonment, and neglect. These interviews include
   45  discussions of very sensitive topics, including physical abuse,
   46  sexual abuse, and neglect. Confidentiality is necessary to
   47  maintain a safe environment for children who have experienced
   48  trauma and to preserve the integrity of investigations and
   49  potential prosecution. The Legislature further finds that this
   50  exemption aligns with federal law requiring the states to
   51  preserve the confidentiality of all child abuse and neglect
   52  reports and records to protect the rights of children and their
   53  parents and guardians. The Legislature finds that the harm that
   54  may result from the release of such recordings outweighs the
   55  public benefit that may be derived from the disclosure of the
   56  recordings.
   57         Section 3. This act shall take effect on the same date that
   58  SB 1144 or similar legislation takes effect, if such legislation
   59  is adopted in the same legislative session or an extension
   60  thereof and becomes a law.