Florida Senate - 2009                                    SB 2142
       
       
       
       By Senator Gardiner
       
       
       
       
       9-01039-09                                            20092142__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         409.175, F.S.; expanding the public-records exemption
    4         relating to information regarding a licensed foster
    5         parent and the foster parent's spouse, minor child,
    6         and other adult household members; removing a
    7         provision limiting the exemption to the information
    8         and records that are held by the Department of
    9         Children and Family Services; providing for future
   10         review and repeal of the exemption under the Open
   11         Government Sunset Review Act; providing a statement of
   12         public necessity; providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (b) of subsection (16) of section
   17  409.175, Florida Statutes, is amended to read:
   18         409.175 Licensure of family foster homes, residential
   19  child-caring agencies, and child-placing agencies; public
   20  records exemption.—
   21         (16)
   22         (b)1. The following information held by the Department of
   23  Children and Family Services regarding a licensed foster parent
   24  and the foster parent's spouse, minor child, and other adult
   25  household member is exempt from s. 119.07(1) and s. 24(a), Art.
   26  I of the State Constitution:
   27         a. The home, business, work, child care, or school
   28  addresses and telephone numbers;
   29         b. Birth dates;
   30         c. Medical records;
   31         d. The floor plan of the home; and
   32         e. Photographs of such persons.
   33         2. If a foster parent's license is no longer active, the
   34  information made exempt pursuant to this paragraph shall become
   35  public 5 years after the expiration date of such foster parent's
   36  foster care license except that:
   37         a. Medical records shall remain exempt from s. 119.07(1)
   38  and s. 24(a), Art. I of the State Constitution.
   39         b. Exempt information regarding a licensed foster parent
   40  who has become an adoptive parent and exempt information
   41  regarding such foster parent's spouse, minor child, or other
   42  adult household member shall remain exempt from s. 119.07(1) and
   43  s. 24(a), Art. I of the State Constitution.
   44         3. This exemption applies to information made exempt by
   45  this paragraph before, on, or after the effective date of the
   46  exemption.
   47         Section 2. Paragraph (b) of subsection (16) of section
   48  409.175, Florida Statutes, is subject to the Open Government
   49  Sunset Review Act in accordance with s. 119.15, Florida
   50  Statutes, and shall stand repealed on October 2, 2014, unless
   51  reviewed and saved from repeal through reenactment by the
   52  Legislature.
   53         Section 3. The Legislature finds that it is a public
   54  necessity that the public-records exemption found in s.
   55  409.175(16)(b), Florida Statutes, be expanded to include records
   56  and information regarding a foster parent, and the foster
   57  parent's spouse, child, and other adult household members, in
   58  addition to the records and information held by the Department
   59  of Children and Family Services. Public access to such records
   60  held by any state agency could cause harm or embarrassment to an
   61  individual and constitute an unwarranted invasion into an
   62  individual's life and personal privacy. The harm from disclosing
   63  these records outweighs any public benefit that can be derived
   64  from public access to such records. Moreover, release of such
   65  identifying information might place a foster parent and his or
   66  her spouse, child, and other adult household member in danger of
   67  physical and emotional harm from disgruntled natural parents or
   68  relatives who may wish to usurp the legal process of the foster
   69  care system. Furthermore, the public availability of such
   70  records and identifying information regarding foster parents
   71  could have a negative, chilling effect on the recruitment of
   72  such persons to participate in the foster care system.
   73  Accordingly, the public-records exemption for such information
   74  is a public necessity for the effective and efficient operation
   75  of this state's foster care system.
   76         Section 4. This act shall take effect July 1, 2009.