April 01, 2020
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       Florida Senate - 2010                                     SB 888
       
       
       
       By the Committee on Children, Families, and Elder Affairs
       
       
       
       
       586-00910-10                                           2010888__
    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., relating
    4         to an exemption from public-records requirements for
    5         information held by guardians ad litem; saving the
    6         exemption from repeal under the Open Government Sunset
    7         Review Act; deleting provisions providing for repeal
    8         of the 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. Any information related to the best interests of a
   26  child, as determined by a guardian ad litem, which is held by a
   27  guardian ad litem, including but not limited to medical, mental
   28  health, substance abuse, child care, education, law enforcement,
   29  court, social services, and financial records; and any other
   30  information maintained by a guardian ad litem which is
   31  identified as confidential information under this chapter; is
   32  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   33  of the State Constitution. Such confidential and exempt
   34  information may not be disclosed to anyone other than the
   35  authorized personnel of the court, the department and its
   36  designees, correctional probation officers, law enforcement
   37  agents, guardians ad litem, and others entitled under this
   38  chapter to receive that information, except upon order of the
   39  court. This subparagraph is subject to the Open Government
   40  Sunset Review Act in accordance with s. 119.15, and shall stand
   41  repealed on October 2, 2010, unless reviewed and saved from
   42  repeal through reenactment by the Legislature.
   43         Section 2. This act shall take effect October 1, 2010.

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