February 26, 2020
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HB 7111

1
A bill to be entitled
2An act relating to a review under the Open Government
3Sunset Review Act; amending s. 39.0132, F.S., which
4provides an exemption from public records requirements for
5certain information regarding a child held by a guardian
6ad litem; clarifying and reorganizing the exemption;
7removing the scheduled repeal of the exemption; providing
8an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Paragraph (a) of subsection (4) of section
1339.0132, 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
16the discharge of official duty by any judge, employee of the
17court, authorized agent of the department, correctional
18probation officer, or law enforcement agent is confidential and
19exempt from s. 119.07(1) and may not be disclosed to anyone
20other than the authorized personnel of the court, the department
21and its designees, correctional probation officers, law
22enforcement agents, guardian ad litem, and others entitled under
23this chapter to receive that information, except upon order of
24the court.
25     2.a.  The following Any information related to the best
26interests of a child, as determined by a guardian ad litem,
27which is held by a guardian ad litem is confidential and exempt
28from s. 119.07(1) and s. 24(a), Art. I of the State
29Constitution:, including but not limited to
30     (I)  Medical, mental health, substance abuse, child care,
31education, law enforcement, court, social services, and
32financial records.; and
33     (II)  Any other information maintained by a guardian ad
34litem which is identified as confidential information under this
35chapter; is confidential and exempt from s. 119.07(1) and s.
3624(a), Art. I of the State Constitution.
37     b.  Such confidential and exempt information may not be
38disclosed to anyone other than the authorized personnel of the
39court, the department and its designees, correctional probation
40officers, law enforcement agents, guardians ad litem, and others
41entitled under this chapter to receive that information, except
42upon order of the court. This subparagraph is subject to the
43Open Government Sunset Review Act in accordance with s. 119.15,
44and shall stand repealed on October 2, 2010, unless reviewed and
45saved 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.
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