Bill Text: FL S1622 | 2019 | Regular Session | Comm Sub

---

Bill Title: Public Records/Foster Parent and Foster Parent Applicant Names

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2019-05-03 - Died on Calendar [S1622 Detail]

Download: Florida-2019-S1622-Comm_Sub.html

---

       Florida Senate - 2019                             CS for SB 1622
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Montford
       
       
       
       
       586-03712-19                                          20191622c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         409.175, F.S.; providing an exemption from public
    4         records requirements for the names of foster parent
    5         applicants and licensed foster parents, and the names
    6         of the spouses, minor children, and adult household
    7         members of such applicants and foster parents, which
    8         are held by the Department of Children and Families;
    9         providing an exception, under specified circumstances,
   10         for certain individuals charged with certain crimes;
   11         providing for future legislative review and repeal of
   12         the exemption; providing a statement of public
   13         necessity; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (16) of section 409.175, Florida
   18  Statutes, is amended to read:
   19         409.175 Licensure of family foster homes, residential
   20  child-caring agencies, and child-placing agencies; public
   21  records exemption.—
   22         (16)(a)1. The following information held by the Department
   23  of Children and Families regarding a foster parent applicant and
   24  such applicant’s spouse, minor child, and other adult household
   25  member is exempt from s. 119.07(1) and s. 24(a), Art. I of the
   26  State Constitution:
   27         a. Names;
   28         b. The home, business, work, child care, or school
   29  addresses and telephone numbers;
   30         c.b. Birth dates;
   31         d.c. Medical records;
   32         e.d. The floor plan of the home; and
   33         f.e. Photographs of such persons.
   34         2. If a foster parent applicant does not receive a foster
   35  parent license, the information made exempt pursuant to this
   36  paragraph shall become public 5 years after the date of
   37  application, except that medical records shall remain exempt
   38  from s. 119.07(1) and s. 24(a), Art. I of the State
   39  Constitution.
   40         3. This exemption applies to information made exempt by
   41  this paragraph before, on, or after the effective date of the
   42  exemption.
   43         (b)1. The following information held by the Department of
   44  Children and Families regarding a licensed foster parent and the
   45  foster parent’s spouse, minor child, and other adult household
   46  member is exempt from s. 119.07(1) and s. 24(a), Art. I of the
   47  State Constitution:
   48         a. Names;
   49         b. The home, business, work, child care, or school
   50  addresses and telephone numbers;
   51         c.b. Birth dates;
   52         d.c. Medical records;
   53         e.d. The floor plan of the home; and
   54         f.e. Photographs of such persons.
   55         2. If a foster parent’s license is no longer active, the
   56  information made exempt pursuant to this paragraph shall become
   57  public 5 years after the expiration date of such foster parent’s
   58  foster care license except that:
   59         a. Medical records shall remain exempt from s. 119.07(1)
   60  and s. 24(a), Art. I of the State Constitution.
   61         b. Exempt information regarding a licensed foster parent
   62  who has become an adoptive parent and exempt information
   63  regarding such foster parent’s spouse, minor child, or other
   64  adult household member shall remain exempt from s. 119.07(1) and
   65  s. 24(a), Art. I of the State Constitution.
   66         3. If a licensed foster parent or the foster parent’s
   67  spouse, minor child, or other adult household member is charged
   68  with committing a crime against a foster child who is in the
   69  care of the licensed foster parent and the Department of
   70  Children and Families suspends or revokes the foster parent’s
   71  license as a result, the information in sub-subparagraph 1.a.
   72  regarding the charged individual is not exempt from s. 119.07(1)
   73  and s. 24(a), Art. I of the State Constitution, except as
   74  otherwise expressly made confidential or exempt by law.
   75         4. This exemption applies to information made exempt by
   76  this paragraph before, on, or after the effective date of the
   77  exemption.
   78         (c) The name, address, and telephone number of persons
   79  providing character or neighbor references regarding foster
   80  parent applicants or licensed foster parents held by the
   81  Department of Children and Families are exempt from s. 119.07(1)
   82  and s. 24(a), Art. I of the State Constitution.
   83         (d) Sub-subparagraphs (a)1.a. and (b)1.a. and subparagraph
   84  (b)3. are subject to the Open Government Sunset Review Act in
   85  accordance with s. 119.15 and shall stand repealed on October 2,
   86  2024, unless reviewed and saved from repeal through reenactment
   87  by the Legislature.
   88         Section 2. (1) The Legislature finds it is a public
   89  necessity that the following identifying information be exempt
   90  from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
   91  the State Constitution:
   92         (a) The name of a foster parent applicant;
   93         (b) The names of spouses, minor children, and other adult
   94  household members of such foster parent applicant;
   95         (c) The name of a licensed foster parent; and
   96         (d) The names of spouses, minor children, and other adult
   97  household members of such licensed foster parent.
   98         (2) The Legislature is committed to ensuring the safety of
   99  all children. Among the state’s most valued partners are foster
  100  parents who make the choice to bring a child into their home.
  101  There are instances where foster parents, by the nature of the
  102  service they provide, find themselves and their families in
  103  life-threatening situations, as was the case when a foster
  104  mother was harmed by the foster children’s biological parents in
  105  August 2018. Consequently, the Legislature finds that the
  106  release of the names of a foster parent applicant, a foster
  107  parent, their minor children, or adult household members could
  108  lead to unwanted contact and harassment from disgruntled parents
  109  who react inappropriately due to their children being taken from
  110  them and placed in out-of-home care. Additionally, exempting
  111  these names helps to maintain the confidentiality of the foster
  112  children placed in the home. For example, if a foster parent has
  113  an unusual name, any person acquiring a list of the names of the
  114  foster parents and other members of the household could uncover
  115  information about the foster children living in the home.
  116         (3) Foster parents provide a valuable service to the child
  117  welfare system by providing a safe and nurturing environment for
  118  children who have been removed from their homes due to a
  119  parent’s abandonment, abuse, or neglect. Following a public
  120  records request in 2018 for a list of names for all licensed
  121  foster parents and corresponding counties, the Department of
  122  Children and Families received numerous letters from current
  123  foster parents. In these letters, the foster parents expressed
  124  their concerns with having their names released to the public.
  125  Several expressed that if their names be released, they would no
  126  longer wish to serve as foster parents. Therefore, the
  127  Legislature finds that by exempting the names of foster parent
  128  applicants, foster parents, their minor children, or adult
  129  household members, the Department of Children and Families is
  130  assisted in its priority to recruit and retain foster parents.
  131  This in turn helps ensure that there are enough out-of-home
  132  placements for children within the child welfare system.
  133         (4) The Legislature further finds that it is necessary to
  134  maintain government accountability by balancing the public’s
  135  right to know with the Legislature’s interest in protecting and
  136  recruiting foster parents. Therefore, an exception is created
  137  stating that if a licensed foster parent or his or her spouse,
  138  minor child, or adult household member is charged with
  139  committing a crime against a foster child who is in the care of
  140  the licensed foster parent which results in the suspension or
  141  revocation of that foster parent’s license, the name of the
  142  charged individual is not exempt unless it is otherwise
  143  expressly made confidential or exempt by law.
  144         Section 3. This act shall take effect July 1, 2019.