| 1 | A bill to be entitled |
| 2 | An act relating to a review under the Open Government |
| 3 | Sunset Review Act regarding foster care; amending s. |
| 4 | 409.175, F.S.; removing a duplicative exemption for social |
| 5 | security numbers; reorganizing provisions; removing |
| 6 | superfluous language; repealing s. 2, ch. 2003-83, Laws of |
| 7 | Florida, which provides for repeal of the exemption; |
| 8 | providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Subsection (16) of section 409.175, Florida |
| 13 | Statutes, is amended to read: |
| 14 | 409.175 Licensure of family foster homes, residential |
| 15 | child-caring agencies, and child-placing agencies; public |
| 16 | records exemption.-- |
| 17 | (16)(a)1. The following information held by the Department |
| 18 | of Children and Family Services regarding a foster parent |
| 19 | applicant and such applicant's spouse, minor child, and other |
| 20 | adult household member is exempt from the provisions of s. |
| 21 | 119.07(1) and s. 24(a), Art. I of the State Constitution, unless |
| 22 | otherwise ordered by a court: |
| 23 | a. The home, business, work, child care, or school |
| 24 | addresses and telephone numbers; social security numbers; |
| 25 | b. Birth dates; |
| 26 | c. Medical records; |
| 27 | d. The floor plan of the home; and |
| 28 | e. Photographs of such persons. |
| 29 | 2. If a foster parent applicant does not receive a foster |
| 30 | parent license, the information made exempt pursuant to this |
| 31 | paragraph shall become public 5 years after the date of |
| 32 | application, except that social security numbers and medical |
| 33 | records shall remain exempt from the provisions of s. 119.07(1) |
| 34 | and s. 24(a), Art. I of the State Constitution. |
| 35 | 3. This exemption applies to information made exempt by |
| 36 | this paragraph before, on, or after the effective date of the |
| 37 | exemption. |
| 38 | (b)1. The following information held by the Department of |
| 39 | Children and Family Services regarding a licensed foster parent |
| 40 | and the foster parent's spouse, minor child, and other adult |
| 41 | household member is exempt from the provisions of s. 119.07(1) |
| 42 | and s. 24(a), Art. I of the State Constitution, unless otherwise |
| 43 | ordered by a court: |
| 44 | a. The home, business, work, child care, or school |
| 45 | addresses and telephone numbers; social security numbers; |
| 46 | b. Birth dates; |
| 47 | c. Medical records; |
| 48 | d. The floor plan of the home; and |
| 49 | e. Photographs of such persons. |
| 50 | 2. If a foster parent's license is no longer active, the |
| 51 | information made exempt pursuant to this paragraph shall become |
| 52 | public 5 years after the expiration date of such foster parent's |
| 53 | foster care license, except that: social security numbers and |
| 54 | a. Medical records shall remain exempt from the provisions |
| 55 | of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. |
| 56 | b. However, Exempt information regarding a licensed foster |
| 57 | parent who has become an adoptive parent and exempt information |
| 58 | regarding such foster parent's spouse, minor child, or other |
| 59 | adult household member shall not become available to the public |
| 60 | 5 years after expiration of such foster parent's license and |
| 61 | shall remain exempt from the provisions of s. 119.07(1) and s. |
| 62 | 24(a), Art. I of the State Constitution. |
| 63 | 3. This exemption applies to information made exempt by |
| 64 | this paragraph before, on, or after the effective date of the |
| 65 | exemption. |
| 66 | (c) The name, address, and telephone number of persons |
| 67 | providing character or neighbor references regarding foster |
| 68 | parent applicants or licensed foster parents held by the |
| 69 | Department of Children and Family Services are exempt from the |
| 70 | provisions of s. 119.07(1) and s. 24(a), Art. I of the State |
| 71 | Constitution. |
| 72 | Section 2. Section 2 of chapter 2003-83, Laws of Florida, |
| 73 | is repealed. |
| 74 | Section 3. This act shall take effect October 1, 2008. |