October 15, 2019
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       Florida Senate - 2010                      CS for CS for SB 2144
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       Education Pre-K - 12; and Education Pre-K - 12
       
       
       
       585-04248-10                                          20102144c2
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 1002.72, F.S., which
    4         provides an exemption from public-records requirements
    5         for records of children in the Voluntary
    6         Prekindergarten Education Program; making editorial
    7         changes; reorganizing the section; removing the
    8         scheduled repeal of the exemption; providing an
    9         effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 1002.72, Florida Statutes, is amended to
   14  read:
   15         1002.72 Records of children in the Voluntary
   16  Prekindergarten Education Program.—
   17         (1)(a) The individual records of a child enrolled in the
   18  Voluntary Prekindergarten Education Program held by an early
   19  learning coalition, the Agency for Workforce Innovation, or a
   20  Voluntary Prekindergarten Education Program provider are
   21  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   22  of the State Constitution. For purposes of this section, such
   23  records include assessment data, health data, records of teacher
   24  observations, and personal identifying information of an
   25  enrolled child and his or her parent.
   26         (b) This exemption applies to the individual records of a
   27  child enrolled in the Voluntary Prekindergarten Education
   28  Program held by an early learning coalition, the Agency for
   29  Workforce Innovation, or a Voluntary Prekindergarten Education
   30  Program provider before, on, or after the effective date of this
   31  exemption.
   32         (2) A parent has the right to inspect and review the
   33  individual Voluntary Prekindergarten Education Program record of
   34  his or her child and to obtain a copy of such record.
   35         (3)(a) Confidential and exempt Voluntary Prekindergarten
   36  Education Program records may be released to:
   37         1.(a) The United States Secretary of Education, the United
   38  States Secretary of Health and Human Services, and the
   39  Comptroller General of the United States for the purpose of
   40  federal audits.
   41         2.(b) Individuals or organizations conducting studies for
   42  institutions to develop, validate, or administer assessments or
   43  improve instruction.
   44         3.(c) Accrediting organizations in order to carry out their
   45  accrediting functions.
   46         4.(d) Appropriate parties in connection with an emergency
   47  if the information is necessary to protect the health or safety
   48  of the child or other individuals.
   49         5.(e) The Auditor General in connection with his or her
   50  official functions.
   51         6.(f) A court of competent jurisdiction in compliance with
   52  an order of that court pursuant to a lawfully issued subpoena.
   53         7.(g) Parties to an interagency agreement among early
   54  learning coalitions, local governmental agencies, Voluntary
   55  Prekindergarten Education Program providers, or state agencies
   56  for the purpose of implementing the Voluntary Prekindergarten
   57  Education Program.
   58         (b) Agencies, organizations, or individuals receiving such
   59  confidential and exempt records in order to carry out their
   60  official functions must protect the records in a manner that
   61  will not permit the personal identification of an enrolled child
   62  or his or her parent by persons other than those authorized to
   63  receive the records.
   64         (4) This section is subject to the Open Government Sunset
   65  Review Act in accordance with s. 119.15 and shall stand repealed
   66  October 2, 2010, unless reviewed and saved from repeal through
   67  reenactment by the Legislature.
   68         Section 2. This act shall take effect October 1, 2010.

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