HB 0635

1
A bill to be entitled
2An act relating to a public records exemption; amending s.
3119.07, F.S.; providing an exemption from public records
4requirements for information that would identify or help
5to locate a child who participates in government-sponsored
6recreation programs or camps or the parents of guardians
7of such child, including, but not limited to, the name,
8home address, telephone number, social security number,
9and photograph of such child, the names and locations of
10schools attended by such child, and the names, home
11addresses, telephone numbers, and social security numbers
12of the parents or guardians of such child; providing for
13disclosure of such information by court order upon a
14showing of good cause; providing for retroactive effect of
15the exemption; providing for future review and repeal of
16the exemption; providing a statement of public necessity;
17providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Paragraph (hh) is added to subsection (3) of
22section 119.07, Florida Statutes, to read:
23     119.07  Inspection, examination, and duplication of
24records; exemptions.--
25     (3)
26     (hh)  Any information that would identify or help to locate
27a child who participates in government-sponsored recreation
28programs or camps or the parents or guardians of such child,
29including, but not limited to, the name, home address, telephone
30number, social security number, or photograph of the child; the
31names and locations of schools attended by such child; and the
32names, home addresses, and social security numbers of parents or
33guardians of such child is exempt from subsection (1) and s.
3424(a), Art. I of the State Constitution. Information made exempt
35pursuant to this paragraph may be disclosed by court order upon
36a showing of good cause. This exemption applies to records held
37before, on, or after the effective date of this exemption.
38     Section 2.  Paragraph (hh) of subsection (3) of s. 119.07,
39Florida Statutes, is subject to the Open Government Sunset
40Review Act of 1995 in accordance with s. 119.15, Florida
41Statutes, and shall stand repealed on October 2, 2009, unless
42reviewed and saved from repeal through reenactment by the
43Legislature.
44     Section 3.  The Legislature finds that it is a public
45necessity that any information that would identify or help to
46locate a child who participates in government-sponsored
47recreation programs or camps or the parents or guardians of such
48child, including, but not limited to, the name, home address,
49telephone number, social security number, and photograph of such
50child, the names and locations of the schools attended by such
51child, and the names, home addresses, and social security
52numbers of the parents or guardians of such child, be held
53exempt from public records requirements because revealing such
54information could create the opportunity for stalking,
55harrassment, abduction, or abuse of such children. Information
56that identifies a child in a government-sponsored recreation
57program or camp could be used directly to locate that child.
58Information that identifies a parent or guardian of such a child
59could be used indirectly to lead to the location of the child.
60As the public availability of this information could create the
61opportunity for stalking, harrassment, abduction, or abuse of
62these children, it would be contrary to the state's compelling
63interest in preserving the public safety to permit the release
64of such information. Protecting such personal identifying
65information of these children and their parents or guardians
66helps to minimize the opportunity for stalking, harrassment,
67abduction, or abuse and thus it is a public necessity that such
68information be held confidential and exempt from public records
69requirements.
70     Section 4.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.