Bill Text: FL S0888 | 2010 | Regular Session | Comm Sub

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Bill Title: OGSR/Information Held by Guardians Ad Litem [SPSC]

Spectrum: Unknown

Status: (N/A - Dead) 2010-04-21 - Read 3rd time -SJ 00665; Substituted HB 7111 -SJ 00665; Laid on Table, companion bill(s) passed, see HB 7111(Ch. 2010-75) -SJ 00665 [S0888 Detail]

Download: Florida-2010-S0888-Comm_Sub.html

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Florida Senate - 2010                              CS for SB 888 
 
By the Committees on Governmental Oversight and Accountability; 
and Children, Families, and Elder Affairs 
585-03543-10                                           2010888c1 
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., which 
4         provides an exemption from public-records requirements 
5         for certain information regarding a child held by a 
6         guardian ad litem; clarifying and reorganizing the 
7         exemption; 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. 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.a. The following Any information related to the best 
26  interests of a child, as determined by a guardian ad litem, 
27  which is held by a guardian ad litem is confidential and exempt 
28  from s. 119.07(1) and s. 24(a), Art. I of the State 
29  Constitution:, including but not limited to 
30         (I) Medical, mental health, substance abuse, child care, 
31  education, law enforcement, court, social services, and 
32  financial records.; and 
33         (II) Any other information maintained by a guardian ad 
34  litem which is identified as confidential information under this 
35  chapter; is confidential and exempt from s. 119.07(1) and s. 
36  24(a), Art. I of the State Constitution. 
37         b. Such confidential and exempt information may not be 
38  disclosed to anyone other than the authorized personnel of the 
39  court, the department and its designees, correctional probation 
40  officers, law enforcement agents, guardians ad litem, and others 
41  entitled under this chapter to receive that information, except 
42  upon order of the court. This subparagraph is subject to the 
43  Open Government Sunset Review Act in accordance with s. 119.15, 
44  and shall stand repealed on October 2, 2010, unless reviewed and 
45  saved from repeal through reenactment by the Legislature. 
46         Section 2. This act shall take effect October 1, 2010.