| 1 | A bill to be entitled |
| 2 | An act relating to access by legislators to confidential |
| 3 | or exempt information of the Department of Children and |
| 4 | Family Services; creating s. 402.117, F.S.; requiring the |
| 5 | Department of Children and Family Services to share |
| 6 | specified confidential or exempt information with any |
| 7 | member of the Legislature when such information is |
| 8 | reasonably necessary for the performance of the |
| 9 | legislator's official duties; providing procedures with |
| 10 | respect to requests for such information; providing for |
| 11 | the adoption of rules by the department; providing an |
| 12 | effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Section 402.117, Florida Statutes, is created |
| 17 | to read: |
| 18 | 402.117 Members of the Legislature; access to confidential |
| 19 | or exempt information.-- |
| 20 | (1) Notwithstanding any other provision of law to the |
| 21 | contrary, the Department of Children and Family Services shall |
| 22 | share confidential information or information exempt from |
| 23 | disclosure under chapter 119 on any individual who is or has |
| 24 | been the subject of a program within the jurisdiction of the |
| 25 | agency with any member of the Legislature when such information |
| 26 | is reasonably necessary for the performance of the legislator's |
| 27 | official duties. Information exchanged pursuant to this section |
| 28 | remains confidential or exempt as provided by law. |
| 29 | (2) To request confidential or exempt information pursuant |
| 30 | to this section: |
| 31 | (a) A legislator must submit a written request for such |
| 32 | information to the department, stating the name of the person |
| 33 | about whom the request for information is being made, the reason |
| 34 | for the request, and any other information that will assist the |
| 35 | department in locating the requested information. The request |
| 36 | shall also include the office of the department at which the |
| 37 | legislator wishes to review the information. |
| 38 | (b) The department shall make the necessary arrangements |
| 39 | for the legislator to review the information at an office of the |
| 40 | department, chosen by the legislator, within 10 working days of |
| 41 | receipt of the request. |
| 42 | (c) Prior to reviewing the information, the legislator |
| 43 | shall sign a form that outlines the confidentiality laws |
| 44 | governing the information being reviewed and penalties for |
| 45 | further release of the information. |
| 46 | (3) The department shall adopt rules to facilitate the |
| 47 | accessibility of information to members of the Legislature under |
| 48 | this section. |
| 49 | Section 2. This act shall take effect July 1, 2005. |