HB 7193

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act; amending s. 1002.72, F.S., which
4	provides an exemption from public records requirements for
5	records of children in the Voluntary Prekindergarten
6	Education Program; making editorial changes; reorganizing
7	the section; removing the scheduled repeal of the
8	exemption; providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Section 1002.72, Florida Statutes, is amended
13	to read:
14	1002.72  Records of children in the Voluntary
15	Prekindergarten Education Program.-
16	(1)(a)  The individual records of a child enrolled in the
17	Voluntary Prekindergarten Education Program held by an early
18	learning coalition, the Agency for Workforce Innovation, or a
19	Voluntary Prekindergarten Education Program provider are
20	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
21	of the State Constitution. For purposes of this section, such
22	records include assessment data, health data, records of teacher
23	observations, and personal identifying information of an
24	enrolled child and his or her parent.
25	(b)     This exemption applies to the individual records of a
26	child enrolled in the Voluntary Prekindergarten Education
27	Program held by an early learning coalition, the Agency for
28	Workforce Innovation, or a Voluntary Prekindergarten Education
29	Program provider before, on, or after the effective date of this
30	exemption.
31	(2)  A parent has the right to inspect and review the
32	individual Voluntary Prekindergarten Education Program record of
33	his or her child and to obtain a copy of such record.
34	(3)(a)  Confidential and exempt Voluntary Prekindergarten
35	Education Program records may be released to:
36	1.(a)  The United States Secretary of Education, the United
37	States Secretary of Health and Human Services, and the
38	Comptroller General of the United States for the purpose of
39	federal audits.
40	2.(b)  Individuals or organizations conducting studies for
41	institutions to develop, validate, or administer assessments or
42	improve instruction.
43	3.(c)  Accrediting organizations in order to carry out
44	their accrediting functions.
45	4.(d)  Appropriate parties in connection with an emergency
46	if the information is necessary to protect the health or safety
47	of the child or other individuals.
48	5.(e)  The Auditor General in connection with his or her
49	official functions.
50	6.(f)  A court of competent jurisdiction in compliance with
51	an order of that court pursuant to a lawfully issued subpoena.
52	7.(g)  Parties to an interagency agreement among early
53	learning coalitions, local governmental agencies, Voluntary
54	Prekindergarten Education Program providers, or state agencies
55	for the purpose of implementing the Voluntary Prekindergarten
56	Education Program.
57	(b)     Agencies, organizations, or individuals receiving such
58	confidential and exempt records in order to carry out their
59	official functions must protect the records in a manner that
60	will not permit the personal identification of an enrolled child
61	or his or her parent by persons other than those authorized to
62	receive the records.
63	(4)  This section is subject to the Open Government Sunset
64	Review Act in accordance with s. 119.15 and shall stand repealed
65	October 2, 2010, unless reviewed and saved from repeal through
66	reenactment by the Legislature.
67	Section 2.  This act shall take effect October 1, 2010.

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