Bill Text: FL S7006 | 2010 | Regular Session | Introduced

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Bill Title: OGSR/Information Held by Guardians Ad Litem

Spectrum: Unknown

Status: (N/A - Dead) 2009-12-08 - Submit as committee bill by Children, Families, and Elder Affairs (SB 888) [S7006 Detail]

Download: Florida-2010-S7006-Introduced.html

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       Florida Senate - 2010         (PROPOSED COMMITTEE BILL) SPB 7006 
        
       FOR CONSIDERATION By the Committee on Children, Families, and 
       Elder Affairs 
       586-00795-10                                          20107006__ 
    1                        A bill to be entitled                       
    2         An act relating to a review under the Open Government 
    3         Sunset Review Act; amending s. 39.0132, F.S., relating 
    4         to an exemption from public-records requirements for 
    5         information held by guardians ad litem; saving the 
    6         exemption from repeal under the Open Government Sunset 
    7         Review Act; deleting provisions providing for repeal 
    8         of the exemption; providing an effective date. 
    9   
   10  Be It Enacted by the Legislature of the State of Florida: 
   11   
   12         Section 1. Paragraph (a) of subsection (4) of section 
   13  39.0132, Florida Statutes, is amended to read: 
   14         39.0132 Oaths, records, and confidential information.— 
   15         (4)(a)1. All information obtained pursuant to this part in 
   16  the discharge of official duty by any judge, employee of the 
   17  court, authorized agent of the department, correctional 
   18  probation officer, or law enforcement agent is confidential and 
   19  exempt from s. 119.07(1) and may not be disclosed to anyone 
   20  other than the authorized personnel of the court, the department 
   21  and its designees, correctional probation officers, law 
   22  enforcement agents, guardian ad litem, and others entitled under 
   23  this chapter to receive that information, except upon order of 
   24  the court. 
   25         2. Any information related to the best interests of a 
   26  child, as determined by a guardian ad litem, which is held by a 
   27  guardian ad litem, including but not limited to medical, mental 
   28  health, substance abuse, child care, education, law enforcement, 
   29  court, social services, and financial records; and any other 
   30  information maintained by a guardian ad litem which is 
   31  identified as confidential information under this chapter; is 
   32  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 
   33  of the State Constitution. Such confidential and exempt 
   34  information may not be disclosed to anyone other than the 
   35  authorized personnel of the court, the department and its 
   36  designees, correctional probation officers, law enforcement 
   37  agents, guardians ad litem, and others entitled under this 
   38  chapter to receive that information, except upon order of the 
   39  court. This subparagraph is subject to the Open Government 
   40  Sunset Review Act in accordance with s. 119.15, and shall stand 
   41  repealed on October 2, 2010, unless reviewed and saved from 
   42  repeal through reenactment by the Legislature. 
   43         Section 2. This act shall take effect October 1, 2010.