Senate Bill sb0056E

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    Florida Senate - 2002                                  SB 56-E

    By Senators Lawson and Campbell





    4-2363-02

  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from the public-records law for

  4         information held by a school principal or

  5         member of the principal's staff which

  6         identifies a student who reports the presence

  7         of controlled substances or a weapon or firearm

  8         or who reports impending or suspected

  9         activities that may result in injury or death;

10         authorizing the release of such information to

11         the reporting student's parent or legal

12         guardian or to a law enforcement officer upon

13         request; requiring that the confidentiality of

14         such information be maintained regardless of a

15         criminal, civil, or administrative proceeding;

16         providing for retroactive application;

17         providing for future legislative review and

18         repeal; providing a statement of public

19         necessity; providing an effective date.

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

22  

23         Section 1.  Confidentiality of records of certain

24  reports made by students.--

25         (1)(a)  The name, student identification number, and

26  other personal information held by a school principal or

27  member of the principal's staff is exempt from section

28  119.07(1), Florida Statutes, and Section 24(a) of Article I of

29  the State Constitution, if the information identifies a

30  student who has reported:

31  

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    Florida Senate - 2002                                  SB 56-E
    4-2363-02




 1         1.  The presence, on or off campus, of a substance

 2  controlled under chapter 893, Florida Statutes, or a weapon or

 3  firearm, as defined in chapter 790, Florida Statutes; or

 4         2.  Impending or suspected activities, on or off

 5  campus, which may result in injury or death to any person.

 6         (b)  Information that is confidential under paragraph

 7  (a) may not be disclosed to any person or entity not approved

 8  by the school principal or the principal's designee, except

 9  that such information may be disclosed to the reporting

10  student's parent or legal guardian or to a law enforcement

11  officer if such information is requested by the reporting

12  student's parent or legal guardian or the law enforcement

13  officer.

14         (2)  If information reported by a student results in a

15  criminal, civil, or administrative proceeding, the reporting

16  student's name, student identification number, or other

17  personal information shall remain exempt from disclosure.

18         (3)  This section applies to information held by a

19  school principal or member of the principal's staff on or

20  before January 7, 2003.

21         (4)  This section is subject to the Open Government

22  Sunset Review Act of 1995 in accordance with section 119.15,

23  Florida Statutes, and shall stand repealed on October 2, 2007,

24  unless reviewed and saved from repeal through reenactment by

25  the Legislature.

26         Section 2.  The Legislature finds that it is a public

27  necessity that the name, student identification number, or

28  other personal information held by a school principal or

29  member of the principal's staff which identifies a student who

30  reports the presence of a controlled substance or weapon or

31  firearm, or who reports impending or suspected activities that

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    Florida Senate - 2002                                  SB 56-E
    4-2363-02




 1  may result in injury or death to any person, be made exempt

 2  from public disclosure because release of such information

 3  could place the student in danger. Furthermore, release of a

 4  reporting student's name or other identifying information

 5  would impair the effective and efficient administration of a

 6  school program designed to provide students with the

 7  opportunity to anonymously report illegal activities that

 8  occur or may take place on or off the school campus. If a

 9  reporting student's identity were not protected, the student

10  would be reluctant to participate in a program that provides

11  for the anonymous reporting of illegal activities.

12         Section 3.  This act shall take effect January 7, 2003.

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15                          SENATE SUMMARY

16    Provides an exemption from public-records requirements
      for information that identifies a student who reports the
17    presence of controlled substances, weapons, or firearms
      or who reports impending or suspected activities that may
18    result in injury or death. Provides certain exceptions.
      Provides for retroactive application. Provides for future
19    legislative review and repeal under the Open Government
      Sunset Review Act.
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CODING: Words stricken are deletions; words underlined are additions.