Florida Senate - 2019                                    SB 1622
       
       
        
       By Senator Montford
       
       
       
       
       
       3-01283-19                                            20191622__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         409.175, F.S.; expanding exemptions from public
    4         records requirements to include the names of foster
    5         parent applicants and foster parents, and their
    6         spouses, minor children, and other adult household
    7         members, held by the Department of Children and
    8         Families; providing for retroactive application of the
    9         expanded exemptions; providing for future legislative
   10         review and repeal of the expanded exemptions;
   11         providing for reversion of specified language if the
   12         exemptions are not saved from repeal; providing a
   13         statement of public necessity; providing an effective
   14         date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraphs (a) and (b) of subsection (16) of
   19  section 409.175, Florida Statutes, are amended to read:
   20         409.175 Licensure of family foster homes, residential
   21  child-caring agencies, and child-placing agencies; public
   22  records exemption.—
   23         (16)(a)1. The following information held by the Department
   24  of Children and Families regarding a foster parent applicant and
   25  such applicant’s spouse, minor child, and other adult household
   26  member is exempt from s. 119.07(1) and s. 24(a), Art. I of the
   27  State Constitution:
   28         a.Names;
   29         b.a. The home, business, work, child care, or school
   30  addresses and telephone numbers;
   31         c.b. Birth dates;
   32         d.c. Medical records;
   33         e.d. The floor plan of the home; and
   34         f.e. Photographs of such persons.
   35         2. If a foster parent applicant does not receive a foster
   36  parent license, the information made exempt pursuant to this
   37  paragraph shall become public 5 years after the date of
   38  application, except that medical records shall remain exempt
   39  from s. 119.07(1) and s. 24(a), Art. I of the State
   40  Constitution.
   41         3. The This exemption applies to information made exempt by
   42  this paragraph before, on, or after July 1, 2019 the effective
   43  date of the exemption. The expansion of the public records
   44  exemption under this paragraph to include the names of foster
   45  parent applicants and their spouses, minor children, and other
   46  adult household members is subject to the Open Government Sunset
   47  Review Act in accordance with s. 119.15 and shall stand repealed
   48  on October 2, 2024, unless reviewed and saved from repeal
   49  through reenactment by the Legislature. If the expansion of the
   50  exemption is not saved from repeal, this paragraph shall revert
   51  to that in existence on June 30, 2019, except that any
   52  amendments to such text other than by this act shall be
   53  preserved and continue to operate to the extent that such
   54  amendments are not dependent upon the portions of text which
   55  expire pursuant to this paragraph.
   56         (b)1. The following information held by the Department of
   57  Children and Families regarding a licensed foster parent and the
   58  foster parent’s spouse, minor child, and other adult household
   59  member is exempt from s. 119.07(1) and s. 24(a), Art. I of the
   60  State Constitution:
   61         a.Names;
   62         b.a. The home, business, work, child care, or school
   63  addresses and telephone numbers;
   64         c.b. Birth dates;
   65         d.c. Medical records;
   66         e.d. The floor plan of the home; and
   67         f.e. Photographs of such persons.
   68         2. If a foster parent’s license is no longer active, the
   69  information made exempt pursuant to this paragraph shall become
   70  public 5 years after the expiration date of such foster parent’s
   71  foster care license except that:
   72         a. Medical records shall remain exempt from s. 119.07(1)
   73  and s. 24(a), Art. I of the State Constitution.
   74         b. Exempt information regarding a licensed foster parent
   75  who has become an adoptive parent and exempt information
   76  regarding such foster parent’s spouse, minor child, or other
   77  adult household member shall remain exempt from s. 119.07(1) and
   78  s. 24(a), Art. I of the State Constitution.
   79         3. The This exemption applies to information made exempt by
   80  this paragraph before, on, or after July 1, 2019 the effective
   81  date of the exemption. The expansion of the public records
   82  exemption under this paragraph to include the names of foster
   83  parents and their spouses, minor children, and other adult
   84  household members is subject to the Open Government Sunset
   85  Review Act in accordance with s. 119.15 and shall stand repealed
   86  on October 2, 2024, unless reviewed and saved from repeal
   87  through reenactment by the Legislature. If the expansion of the
   88  exemption is not saved from repeal, this paragraph shall revert
   89  to that in existence on June 30, 2019, except that any
   90  amendments to such text other than by this act shall be
   91  preserved and continue to operate to the extent that such
   92  amendments are not dependent upon the portions of text which
   93  expire pursuant to this paragraph.
   94         Section 2. The Legislature finds that it is a public
   95  necessity that the names of foster parent applicants and foster
   96  parents, and their spouses, minor children, and other adult
   97  household members, held by the Department of Children and
   98  Families pursuant to s. 409.175, Florida Statutes, be made
   99  confidential and exempt from disclosure under s. 119.07(1),
  100  Florida Statutes, and s. 24(a), Article I of the State
  101  Constitution. Safeguarding the names of foster parent applicants
  102  and foster parents, and their spouses, minor children, and other
  103  adult household members, from disclosure will ensure that the
  104  names of foster children will remain confidential. If a foster
  105  parent applicant or foster parent, or his or her spouse, minor
  106  child, or other adult household member, has an unusual name, any
  107  person who acquires a list of the names of foster parent
  108  applicants or foster parents, or their spouses, minor children,
  109  and other adult household members, could potentially uncover
  110  personally identifying information about the foster children
  111  living in the home which could lead to unwanted contact by the
  112  press or the children’s relatives who are seeking to obtain
  113  private and sensitive information regarding the children,
  114  including, but not limited to, their location. Furthermore, the
  115  disclosure of the names of the foster parent applicants and
  116  foster parents, and their spouses, minor children, and other
  117  adult household members, would compromise the privacy of the
  118  family and stifle the efforts by the Department of Children and
  119  Families to recruit and retain foster parent applicants and
  120  foster parents.
  121         Section 3. This act shall take effect July 1, 2019.