Senate Bill 0506c1

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    Florida Senate - 1998                            CS for SB 506

    By the Committee on Children, Families and Seniors and Senator
    Rossin




    300-1132-98

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; deleting provisions relating to

  4         the release of records of the Department of

  5         Children and Family Services which pertain to

  6         the investigation of the death of a disabled

  7         adult or elderly person as a result of abuse,

  8         neglect, or exploitation or the death of a

  9         child as a result of abuse, neglect, or

10         abandonment; amending s. 415.107, F.S., and

11         repealing s. 415.107(1)(b), F.S.; revising

12         provisions relating to release of records in

13         the event of the death of a disabled adult or

14         elderly person as a result of abuse, neglect,

15         or exploitation; amending s. 415.51, F.S., and

16         repealing s. 415.51(1)(b), F.S.; revising

17         provisions relating to release of records in

18         the event of the death of a child as a result

19         of abuse, abandonment, or neglect; creating ss.

20         381.0022, 402.115, F.S.; providing for the

21         sharing of confidential or exempt information

22         between the Department of Health and the

23         Department of Children and Family Services;

24         providing an effective date.

25

26  Be It Enacted by the Legislature of the State of Florida:

27

28         Section 1.  Subsection (7) of section 119.07, Florida

29  Statutes, is amended to read:

30         119.07  Inspection, examination, and duplication of

31  records; exemptions.--

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    Florida Senate - 1998                            CS for SB 506
    300-1132-98




  1         (7)(a)  Any person or organization, including the

  2  Department of Children and Family Health and Rehabilitative

  3  Services, may petition the court for an order making public

  4  the records of the Department of Children and Family Health

  5  and Rehabilitative Services that pertain to investigations of

  6  alleged abuse, neglect, abandonment, or exploitation of a

  7  child, a disabled adult, or an elderly person. The court shall

  8  determine if good cause exists for public access to the

  9  records sought or a portion thereof. In making this

10  determination, the court shall balance the best interest of

11  the disabled adult, elderly person, or child who is the focus

12  of the investigation, and in the case of the child, the

13  interest of that child's siblings, together with the privacy

14  right of other persons identified in the reports against the

15  public interest. The public interest in access to such records

16  is reflected in s. 119.01(1), and includes the need for

17  citizens to know of and adequately evaluate the actions of the

18  Department of Children and Family Health and Rehabilitative

19  Services and the court system in providing disabled adults,

20  elderly persons, and children of this state with the

21  protections enumerated in ss. 415.101 and 415.502.  However,

22  nothing in this subsection does not shall contravene the

23  provisions of ss. 415.51 and 415.107, which protect the name

24  of any person reporting the abuse, neglect, or exploitation of

25  a child, a disabled adult, or an elderly person.

26         (b)1.  In cases involving the death of a disabled adult

27  or an elderly person as the result of abuse, neglect, or

28  exploitation, there shall be a presumption that the best

29  interest of the disabled adult or elderly person and the

30  public interest will be served by full public disclosure of

31  the circumstances of the investigation of the death and any

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    Florida Senate - 1998                            CS for SB 506
    300-1132-98




  1  other investigation concerning the disabled adult or elderly

  2  person.

  3         2.  In cases involving the death of a child as the

  4  result of abuse, neglect, or abandonment, there shall be a

  5  presumption that the best interest of the child and the

  6  child's siblings and the public interest will be served by

  7  full public disclosure of the circumstances of the

  8  investigation of the death of the child and any other

  9  investigation concerning the child and the child's siblings.

10         (b)(c)  In cases involving serious bodily injury to a

11  child, a disabled adult or an elderly person, the Department

12  of Children and Family Health and Rehabilitative Services may

13  petition the court for an order for the immediate public

14  release of records of the department which pertain to the

15  investigation of abuse, neglect, abandonment, or exploitation

16  of the child, disabled adult, or elderly person who suffered

17  serious bodily injury. The petition must be personally served

18  upon the child, disabled adult, or elderly person, the child's

19  parents or guardian, the legal guardian of that person, if

20  any, and any person named as an alleged perpetrator in the

21  report of abuse, neglect, abandonment, or exploitation. The

22  court must determine if good cause exists for the public

23  release of the records sought no later than 24 hours,

24  excluding Saturdays, Sundays, and legal holidays, after from

25  the date the department filed the petition with the court. If

26  the court has neither granted nor denied the petition within

27  the 24-hour time period, the department may release to the

28  public summary information including:

29         1.  A confirmation that an investigation has been

30  conducted concerning the alleged victim.

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    Florida Senate - 1998                            CS for SB 506
    300-1132-98




  1         2.  The dates and brief description of procedural

  2  activities undertaken during the department's investigation.

  3         3.  The date of each judicial proceeding, a summary of

  4  each participant's recommendations made at the judicial

  5  proceedings, and the rulings of the court.

  6

  7  The summary information may not include the name of, or other

  8  identifying information with respect to, any person identified

  9  in any investigation. In making a determination to release

10  confidential information, the court shall balance the best

11  interests of the disabled adult or elderly person or child who

12  is the focus of the investigation and, in the case of the

13  child, the interests of that child's siblings, together with

14  the privacy rights of other persons identified in the reports

15  against the public interest for access to public records.

16  However, nothing in this paragraph does not shall contravene

17  the provisions of ss. 415.51 and 415.107, which protect the

18  name of any person reporting abuse, neglect, or exploitation

19  of a child, a disabled adult, or an elderly person.

20         (d)  In cases involving the death of a child or a

21  disabled adult or an elderly person, the Department of Health

22  and Rehabilitative Services may petition the court for an

23  order for the immediate public release of records of the

24  department which pertain to the investigation of abuse,

25  neglect, abandonment, or exploitation of the child, disabled

26  adult, or elderly person who died.  The department must

27  personally serve the petition upon the child's parents or

28  guardian, the legal guardian of the disabled adult or elderly

29  person, if any, and any person named as an alleged perpetrator

30  in the report of abuse, neglect, abandonment, or exploitation.

31  The court must determine if good cause exists for the public

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    Florida Senate - 1998                            CS for SB 506
    300-1132-98




  1  release of the records sought no later than 24 hours,

  2  excluding Saturdays, Sundays, and legal holidays, from the

  3  date the department filed the petition with the court. If the

  4  court has neither granted nor denied the petition within the

  5  24-hour time period, the department may release to the public

  6  summary information including:

  7         1.  A confirmation that an investigation has been

  8  conducted concerning the alleged victim.

  9         2.  The dates and brief description of procedural

10  activities undertaken during the department's investigation.

11         3.  The date of each judicial proceeding, a summary of

12  each participant's recommendations made at the judicial

13  proceedings, and the ruling of the court.

14

15  In making a determination to release confidential information,

16  the court shall balance the best interests of the disabled

17  adult or elderly person or child who is the focus of the

18  investigation and, in the case of the child, the interest of

19  that child's siblings, together with the privacy right of

20  other persons identified in the reports against the public

21  interest.  However, nothing in this paragraph shall contravene

22  the provisions of ss. 415.51 and 415.107, which protect the

23  name of any person reporting abuse, neglect, or exploitation

24  of a child, a disabled adult, or an elderly person.

25         (c)(e)  When the court determines that good cause for

26  public access exists, the court shall direct that the

27  department redact the name of and other identifying

28  information with respect to any person identified in any

29  unfounded report or proposed confirmed report or report closed

30  without classification, or in any report that has not yet been

31  classified pursuant to s. 415.1045(7), until such time as the

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    Florida Senate - 1998                            CS for SB 506
    300-1132-98




  1  court finds that there is probable cause to believe that the

  2  person identified committed an act of alleged abuse, neglect,

  3  or abandonment.

  4         Section 2.  Paragraph (b) of subsection (1) of section

  5  415.107, Florida Statutes, is repealed, and paragraph (l) is

  6  added to subsection (2) of said section to read:

  7         415.107  Confidentiality of reports and records.--

  8         (2)  Access to all records, excluding the name of the

  9  reporter which shall be released only as provided in

10  subsection (6), shall be granted only to the following

11  persons, officials, and agencies:

12         (l)  Any person in the event of the death of a disabled

13  adult or elderly person determined to be a result of abuse,

14  neglect, or exploitation. Information identifying the person

15  reporting abuse, neglect, or exploitation may not be released.

16  Any information otherwise made confidential or exempt by law

17  may not be released pursuant to this paragraph.

18         Section 3.  Paragraph (b) of subsection (1) of section

19  415.51, Florida Statutes, is repealed, and paragraph (n) is

20  added to subsection (2) of said section to read:

21         415.51  Confidentiality of reports and records in cases

22  of child abuse or neglect.--

23         (2)  Access to such records, excluding the name of the

24  reporter which shall be released only as provided in

25  subsection (9), shall be granted only to the following

26  persons, officials, and agencies:

27         (n)  Any person in the event of the death of a child

28  determined to be a result of abuse, abandonment, or neglect.

29  Information identifying the person reporting abuse,

30  abandonment, or neglect may not be released. Any information

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    Florida Senate - 1998                            CS for SB 506
    300-1132-98




  1  otherwise made confidential or exempt by law may not be

  2  released pursuant to this paragraph.

  3         Section 4.  Section 381.0022, Florida Statutes, is

  4  created to read:

  5         381.0022  Sharing confidential or exempt

  6  information.--Notwithstanding any other provision of law to

  7  the contrary, the Department of Health and the Department of

  8  Children and Family Services may share confidential or exempt

  9  information on clients served by both agencies. Information so

10  exchanged remains confidential or exempt as provided by law.

11         Section 5.  Section 402.115, Florida Statutes, is

12  created to read:

13         402.115  Sharing confidential or exempt

14  information.--Notwithstanding any other provision of law to

15  the contrary, the Department of Health and the Department of

16  Children and Family Services may share confidential or exempt

17  information on clients served by both agencies. Information so

18  exchanged remains confidential or exempt as provided by law.

19         Section 6.  This act shall take effect upon becoming a

20  law.

21

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                         Senate Bill 506

24

25  Sections are created within chapters 381 and 402,F.S., to
    allow the sharing of confidential or exempt information
26  regarding clients of both the Departments of Health and
    Children and Family Services.
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