| 1 | A bill to be entitled |
| 2 | An act relating to a public records exemption; amending s. |
| 3 | 119.07, F.S.; providing an exemption from public records |
| 4 | requirements for information that would identify or help |
| 5 | to locate a child who participates in government-sponsored |
| 6 | recreation programs or camps or the parents of guardians |
| 7 | of such child, including, but not limited to, the name, |
| 8 | home address, telephone number, social security number, |
| 9 | and photograph of such child, the names and locations of |
| 10 | schools attended by such child, and the names, home |
| 11 | addresses, telephone numbers, and social security numbers |
| 12 | of the parents or guardians of such child; providing for |
| 13 | disclosure of such information by court order upon a |
| 14 | showing of good cause; providing for retroactive effect of |
| 15 | the exemption; providing for future review and repeal of |
| 16 | the exemption; providing a statement of public necessity; |
| 17 | providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Paragraph (hh) is added to subsection (3) of |
| 22 | section 119.07, Florida Statutes, to read: |
| 23 | 119.07 Inspection, examination, and duplication of |
| 24 | records; exemptions.-- |
| 25 | (3) |
| 26 | (hh) Any information that would identify or help to locate |
| 27 | a child who participates in government-sponsored recreation |
| 28 | programs or camps or the parents or guardians of such child, |
| 29 | including, but not limited to, the name, home address, telephone |
| 30 | number, social security number, or photograph of the child; the |
| 31 | names and locations of schools attended by such child; and the |
| 32 | names, home addresses, and social security numbers of parents or |
| 33 | guardians of such child is exempt from subsection (1) and s. |
| 34 | 24(a), Art. I of the State Constitution. Information made exempt |
| 35 | pursuant to this paragraph may be disclosed by court order upon |
| 36 | a showing of good cause. This exemption applies to records held |
| 37 | before, on, or after the effective date of this exemption. |
| 38 | Section 2. Paragraph (hh) of subsection (3) of s. 119.07, |
| 39 | Florida Statutes, is subject to the Open Government Sunset |
| 40 | Review Act of 1995 in accordance with s. 119.15, Florida |
| 41 | Statutes, and shall stand repealed on October 2, 2009, unless |
| 42 | reviewed and saved from repeal through reenactment by the |
| 43 | Legislature. |
| 44 | Section 3. The Legislature finds that it is a public |
| 45 | necessity that any information that would identify or help to |
| 46 | locate a child who participates in government-sponsored |
| 47 | recreation programs or camps or the parents or guardians of such |
| 48 | child, including, but not limited to, the name, home address, |
| 49 | telephone number, social security number, and photograph of such |
| 50 | child, the names and locations of the schools attended by such |
| 51 | child, and the names, home addresses, and social security |
| 52 | numbers of the parents or guardians of such child, be held |
| 53 | exempt from public records requirements because revealing such |
| 54 | information could create the opportunity for stalking, |
| 55 | harrassment, abduction, or abuse of such children. Information |
| 56 | that identifies a child in a government-sponsored recreation |
| 57 | program or camp could be used directly to locate that child. |
| 58 | Information that identifies a parent or guardian of such a child |
| 59 | could be used indirectly to lead to the location of the child. |
| 60 | As the public availability of this information could create the |
| 61 | opportunity for stalking, harrassment, abduction, or abuse of |
| 62 | these children, it would be contrary to the state's compelling |
| 63 | interest in preserving the public safety to permit the release |
| 64 | of such information. Protecting such personal identifying |
| 65 | information of these children and their parents or guardians |
| 66 | helps to minimize the opportunity for stalking, harrassment, |
| 67 | abduction, or abuse and thus it is a public necessity that such |
| 68 | information be held confidential and exempt from public records |
| 69 | requirements. |
| 70 | Section 4. This act shall take effect upon becoming a law. |