Florida Senate - 2013                             CS for SB 1756
       
       
       
       By the Committee on Governmental Oversight and Accountability;
       and Senator Montford
       
       
       
       585-04023-13                                          20131756c1
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         595.409, F.S.; providing an exemption from public
    4         records requirements for personal identifying
    5         information of an applicant for or participant in a
    6         school food and nutrition service program held by the
    7         Department of Agriculture and Consumer Services, the
    8         Department of Children and Families, or the Department
    9         of Education; providing for specified disclosure;
   10         providing for applicability; providing for legislative
   11         review and repeal of the exemption under the Open
   12         Government Sunset Review Act; providing a contingent
   13         effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 595.409, Florida Statutes, is created to
   18  read:
   19         595.409 Public records exemption.—
   20         (1) Personal identifying information of an applicant for or
   21  participant in a school food and nutrition service program, as
   22  defined in s. 595.402, held by the department, the Department of
   23  Children and Families, or the Department of Education is exempt
   24  from s. 119.07(1) and s. 24(a), Art. I of the State
   25  Constitution.
   26         (2)(a) Such information shall be disclosed to:
   27         1. Another governmental entity in the performance of its
   28  official duties and responsibilities; or
   29         2. Any person who has the written consent of the applicant
   30  for or participant in such program.
   31         (b) This section does not prohibit a participant’s legal
   32  guardian from obtaining confirmation of acceptance and approval,
   33  dates of applicability, or other information the legal guardian
   34  may request.
   35         (3) This exemption applies to any information identifying a
   36  program applicant or participant held by the department, the
   37  Department of Children and Families, or the Department of
   38  Education before, on, or after the effective date of this
   39  exemption.
   40         (4) This section is subject to the Open Government Sunset
   41  Review Act in accordance with s. 119.15 and shall stand repealed
   42  on October 2, 2018, unless reviewed and saved from repeal
   43  through reenactment by the Legislature.
   44         Section 2. The Legislature finds that it is a public
   45  necessity that personal identifying information of an applicant
   46  for or participant in a school food and nutrition service
   47  program, as defined in s. 595.402, Florida Statutes, held by the
   48  Department of Agriculture and Consumer Services, the Department
   49  of Children and Families, or the Department of Education be made
   50  exempt from the requirements of s. 119.07(1), Florida Statutes,
   51  and s. 24(a), Article I of the State Constitution. In order for
   52  a person applying to or participating in a school food and
   53  nutrition service program to feel secure in the program, the
   54  applicant or participant should be able to rely upon the fact
   55  that his or her personal identifying information held by the
   56  Department of Agriculture and Consumer Services, the Department
   57  of Children and Families, or the Department of Education is
   58  protected from disclosure to anyone other than those who have
   59  the need to know such information. A public records exemption
   60  for personal identifying information of an applicant for or
   61  participant in a school food and nutrition service program, as
   62  defined in s. 595.402, Florida Statutes, held by the Department
   63  of Agriculture and Consumer Services, the Department of Children
   64  and Families, or the Department of Education protects
   65  information of a sensitive, personal nature concerning an
   66  individual, the release of which could be defamatory to the
   67  individual, could cause unwarranted damage to his or her good
   68  name or reputation, and could possibly jeopardize the safety of
   69  the individual. Additionally, the public records exemption
   70  allows the state to effectively and efficiently administer a
   71  governmental program, which administration would be
   72  significantly impaired without the exemption. Thus, the
   73  Legislature declares that it is a public necessity that the
   74  personal identifying information of an applicant for or a
   75  participant in a school food and nutrition service program, as
   76  defined in s. 595.402, Florida Statutes, held by the Department
   77  of Agriculture and Consumer Services, the Department of Children
   78  and Families, or the Department of Education be made exempt from
   79  public records requirements.
   80         Section 3. This act shall take effect on the same date that
   81  SB 1628 or similar legislation takes effect, if such legislation
   82  is adopted in the same legislative session or an extension
   83  thereof and becomes law.