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       Florida Senate - 2010                                    SB 2122
       
       
       
       By Senator Gardiner
       
       
       
       
       9-00740-10                                            20102122__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending ss.
    3         119.071 and 409.175, F.S.; expanding a public-records
    4         exemption relating to licensed foster parents and
    5         their families to include records held by all agencies
    6         in addition to the Department of Children and Family
    7         Services; providing for future review and repeal of
    8         the exemption under the Open Government Sunset Review
    9         Act; providing a statement of public necessity;
   10         providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (6) is added to section 119.071,
   15  Florida Statutes, to read:
   16         119.071 General exemptions from inspection or copying of
   17  public records.—
   18         (6)INFORMATION RELATING TO FOSTER PARENTS AND THEIR
   19  FAMILIES.—
   20         (a)The following information held by an agency regarding a
   21  licensed foster parent, and the foster parent’s spouse, minor
   22  child, and other adult household member, is exempt from s.
   23  119.07(1) and s. 24(a), Art. I of the State Constitution:
   24         1.The home, business, work, child care, or school
   25  addresses and telephone numbers;
   26         2.Birth dates;
   27         3.Medical records;
   28         4.The floor plan of the home; and
   29         5.Photographs of such persons.
   30         (b)If a foster parent’s license is no longer active, the
   31  information made exempt pursuant to this subsection shall become
   32  public 5 years after the expiration date of such foster parent’s
   33  foster care license except that:
   34         1.Medical records shall remain exempt from s. 119.07(1)
   35  and s. 24(a), Art. I of the State Constitution.
   36         2.Exempt information regarding a licensed foster parent
   37  who has become an adoptive parent, and exempt information
   38  regarding such foster parent’s spouse, minor child, or other
   39  adult household member, shall remain exempt from s. 119.07(1)
   40  and s. 24(a), Art. I of the State Constitution.
   41         (c)This exemption applies to information made exempt by
   42  this subsection before, on, or after the effective date of the
   43  exemption.
   44         (d)This subsection is subject to the Open Government
   45  Sunset Review Act in accordance with s. 119.15, and shall stand
   46  repealed on October 2, 2015, unless reviewed and saved from
   47  repeal through reenactment by the Legislature.
   48         Section 2. The Legislature finds that it is a public
   49  necessity that the public-records exemption currently found in
   50  s. 409.175(16)(b), Florida Statutes, be expanded to include
   51  records and information held by any agency regarding a foster
   52  parent, and the foster parent’s spouse, child, and other adult
   53  household members. Public access to such records held by any
   54  agency could cause harm or embarrassment to an individual and
   55  constitute an unwarranted invasion into the individual’s life
   56  and personal privacy. The harm from disclosing these records
   57  outweighs any public benefit that can be derived from public
   58  access to such records. Moreover, release of such identifying
   59  information might place a foster parent, and his or her spouse,
   60  child, and other adult household member, in danger of physical
   61  and emotional harm from disgruntled natural parents or relatives
   62  who may wish to usurp the legal process of the foster care
   63  system. Furthermore, the public availability of such records and
   64  identifying information regarding foster parents could have a
   65  negative, chilling effect on the recruitment of such persons to
   66  participate in the foster care system. Accordingly, the public
   67  records exemption for such information is a public necessity for
   68  the effective and efficient operation of this state’s foster
   69  care system.
   70         Section 3. Subsection (16) of section 409.175, Florida
   71  Statutes, is amended to read:
   72         409.175 Licensure of family foster homes, residential
   73  child-caring agencies, and child-placing agencies; public
   74  records exemption.—
   75         (16)(a)1. The following information held by the Department
   76  of Children and Family Services regarding a foster parent
   77  applicant and such applicant’s spouse, minor child, and other
   78  adult household member is exempt from s. 119.07(1) and s. 24(a),
   79  Art. I of the State Constitution:
   80         a. The home, business, work, child care, or school
   81  addresses and telephone numbers;
   82         b. Birth dates;
   83         c. Medical records;
   84         d. The floor plan of the home; and
   85         e. Photographs of such persons.
   86         2. If a foster parent applicant does not receive a foster
   87  parent license, the information made exempt pursuant to this
   88  paragraph shall become public 5 years after the date of
   89  application, except that medical records shall remain exempt
   90  from s. 119.07(1) and s. 24(a), Art. I of the State
   91  Constitution.
   92         3. This exemption applies to information made exempt by
   93  this paragraph before, on, or after the effective date of the
   94  exemption.
   95         (b)1.The following information held by the Department of
   96  Children and Family Services regarding a licensed foster parent
   97  and the foster parent’s spouse, minor child, and other adult
   98  household member is exempt from s. 119.07(1) and s. 24(a), Art.
   99  I of the State Constitution:
  100         a.The home, business, work, child care, or school
  101  addresses and telephone numbers;
  102         b.Birth dates;
  103         c.Medical records;
  104         d.The floor plan of the home; and
  105         e.Photographs of such persons.
  106         2.If a foster parent’s license is no longer active, the
  107  information made exempt pursuant to this paragraph shall become
  108  public 5 years after the expiration date of such foster parent’s
  109  foster care license except that:
  110         a.Medical records shall remain exempt from s. 119.07(1)
  111  and s. 24(a), Art. I of the State Constitution.
  112         b.Exempt information regarding a licensed foster parent
  113  who has become an adoptive parent and exempt information
  114  regarding such foster parent’s spouse, minor child, or other
  115  adult household member shall remain exempt from s. 119.07(1) and
  116  s. 24(a), Art. I of the State Constitution.
  117         3.This exemption applies to information made exempt by
  118  this paragraph before, on, or after the effective date of the
  119  exemption.
  120         (b)(c) The name, address, and telephone number of persons
  121  providing character or neighbor references regarding foster
  122  parent applicants or licensed foster parents held by the
  123  Department of Children and Family Services are exempt from s.
  124  119.07(1) and s. 24(a), Art. I of the State Constitution.
  125         Section 4. This act shall take effect October 1, 2010.

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