January 23, 2021
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HB 7193

A bill to be entitled
2An act relating to a review under the Open Government
3Sunset Review Act; amending s. 1002.72, F.S., which
4provides an exemption from public records requirements for
5records of children in the Voluntary Prekindergarten
6Education Program; making editorial changes; reorganizing
7the section; removing the scheduled repeal of the
8exemption; providing an effective date.
10Be It Enacted by the Legislature of the State of Florida:
12     Section 1.  Section 1002.72, Florida Statutes, is amended
13to read:
14     1002.72  Records of children in the Voluntary
15Prekindergarten Education Program.-
16     (1)(a)  The individual records of a child enrolled in the
17Voluntary Prekindergarten Education Program held by an early
18learning coalition, the Agency for Workforce Innovation, or a
19Voluntary Prekindergarten Education Program provider are
20confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
21of the State Constitution. For purposes of this section, such
22records include assessment data, health data, records of teacher
23observations, and personal identifying information of an
24enrolled child and his or her parent.
25     (b)     This exemption applies to the individual records of a
26child enrolled in the Voluntary Prekindergarten Education
27Program held by an early learning coalition, the Agency for
28Workforce Innovation, or a Voluntary Prekindergarten Education
29Program provider before, on, or after the effective date of this
31     (2)  A parent has the right to inspect and review the
32individual Voluntary Prekindergarten Education Program record of
33his or her child and to obtain a copy of such record.
34     (3)(a)  Confidential and exempt Voluntary Prekindergarten
35Education Program records may be released to:
36     1.(a)  The United States Secretary of Education, the United
37States Secretary of Health and Human Services, and the
38Comptroller General of the United States for the purpose of
39federal audits.
40     2.(b)  Individuals or organizations conducting studies for
41institutions to develop, validate, or administer assessments or
42improve instruction.
43     3.(c)  Accrediting organizations in order to carry out
44their accrediting functions.
45     4.(d)  Appropriate parties in connection with an emergency
46if the information is necessary to protect the health or safety
47of the child or other individuals.
48     5.(e)  The Auditor General in connection with his or her
49official functions.
50     6.(f)  A court of competent jurisdiction in compliance with
51an order of that court pursuant to a lawfully issued subpoena.
52     7.(g)  Parties to an interagency agreement among early
53learning coalitions, local governmental agencies, Voluntary
54Prekindergarten Education Program providers, or state agencies
55for the purpose of implementing the Voluntary Prekindergarten
56Education Program.
57     (b)     Agencies, organizations, or individuals receiving such
58confidential and exempt records in order to carry out their
59official functions must protect the records in a manner that
60will not permit the personal identification of an enrolled child
61or his or her parent by persons other than those authorized to
62receive the records.
63     (4)  This section is subject to the Open Government Sunset
64Review Act in accordance with s. 119.15 and shall stand repealed
65October 2, 2010, unless reviewed and saved from repeal through
66reenactment by the Legislature.
67     Section 2.  This act shall take effect October 1, 2010.

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