SB 1622 — Public Records/Foster Parent and Foster Parent Applicant Names

Florida Senate - 2019 CS for SB 1622 By Senatorthe MontfordCommittee 3-01283-19on 20191622__Children, AFamilies, billand toElder beAffairs; entitled An act relating to public records;

and Senator Montford 586-03712-19 20191622c1 A bill to be entitled An act relating to public records;

expandingproviding exemptionsan exemption from public records requirements tofor include the names of foster parent applicants and licensed foster parents, and theirthe names of the spouses, minor children, and other adult household members,members of such applicants and foster parents, which are held by the Department of Children and Families;

providing an exception, under specified circumstances, for retroactivecertain applicationindividuals ofcharged thewith expandedcertain exemptions;crimes;

providing for future legislative review and repeal of the expandedexemption; exemptions;

providing for reversion of specified language if the exemptions are not saved from repeal;

1615 Be It Enacted by the Legislature of the State of Florida:

1817 Section 1. Paragraphs1. Subsection (a) and (b) of subsection (16) of section 409.175, Florida Statutes, areis amended to read:

b.a. Theb. The home, business, work, child care, or school addresses and telephone numbers;

3. The3. This This exemption applies to information made exempt by this paragraph before, on, or after July 1, 2019 the effective date of the exemption.

The expansion of the public records exemption under this paragraph to include the names of foster parent applicants and their spouses, minor children, and other adult household members is subject to the Open Government Sunset Review Act in accordance with s.

119.15 and shall stand repealed on October 2, 2024, unless reviewed and saved from repeal through reenactment by the Legislature.

If the expansion of the exemption is not saved from repeal, this paragraph shall revert to that in existence on June 30, 2019, except that any amendments to such text other than by this act shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of text which expire pursuant to this paragraph.

b.a. Theb. The home, business, work, child care, or school addresses and telephone numbers;

3. The3. If Thisa exemptionlicensed appliesfoster toparent informationor madethe exemptfoster byparent’s thisspouse, paragraphminor before,child, on, or afterother Julyadult 1,household 2019member is charged with committing a crime against a foster child who is in the effectivecare dateof the licensed foster parent and the Department of Children and Families suspends or revokes the exemption.foster parent’s license as a result, the information in sub-subparagraph 1.a.

Theregarding expansion of the publiccharged recordsindividual exemption under this paragraph to include the names of foster parents and their spouses, minor children, and other adult household members is subjectnot toexempt thefrom Open Government Sunset Review Act in accordance with s.

119.07(1) and s.

24(a), Art.

I of the State Constitution, except as otherwise expressly made confidential or exempt by law.

4. This exemption applies to information made exempt by this paragraph before, on, or after the effective date of the exemption.

(c) The name, address, and telephone number of persons providing character or neighbor references regarding foster parent applicants or licensed foster parents held by the Department of Children and Families are exempt from s.

119.07(1) and s.

24(a), Art.

I of the State Constitution.

(d) Sub-subparagraphs (a)1.a.

and (b)1.a.

and subparagraph (b)3.

are subject to the Open Government Sunset Review Act in accordance with s.

IfSection the2. (1) The expansionLegislature offinds theit exemption is nota savedpublic fromnecessity repeal, this paragraph shall revert to that inthe existencefollowing onidentifying Juneinformation 30, 2019, except that any amendments to such text other than by this act shall be preservedexempt andfrom continues. to operate to the extent that such amendments are not dependent upon the portions of text which expire pursuant to this paragraph.

Section 2. The Legislature finds that it is a public necessity that the names of foster parent applicants and foster parents, and their spouses, minor children, and other adult household members, held by the Department of Children and Families pursuant to s.

409.175, Florida Statutes, be made confidential and exempt from disclosure under s.

24(a), Article I of the State Constitution.Constitution:

Safeguarding(a) The thename names of a foster parent applicantsapplicant; and foster parents, and their spouses, minor children, and other adult household members, from disclosure will ensure that the names of foster children will remain confidential.

If(b) The a foster parent applicant or foster parent, or his or her spouse, minor child, or other adult household member, has an unusual name, any person who acquires a list of the names of foster parent applicants or foster parents, or their spouses, minor children, and other adult household members,members couldof potentiallysuch uncover personally identifying information about the foster childrenparent livingapplicant; in the home which could lead to unwanted contact by the press or the children’s relatives who are seeking to obtain private and sensitive information regarding the children, including, but not limited to, their location.

Furthermore,(c) The thename disclosure of thea nameslicensed of the foster parentparent; applicants and foster parents, and their spouses, minor children, and other adult household members, would compromise the privacy of the family and stifle the efforts by the Department of Children and Families to recruit and retain foster parent applicants and foster parents.

and (d) The names of spouses, minor children, and other adult household members of such licensed foster parent.

(2) The Legislature is committed to ensuring the safety of all children.

Among the state’s most valued partners are foster parents who make the choice to bring a child into their home.

There are instances where foster parents, by the nature of the service they provide, find themselves and their families in life-threatening situations, as was the case when a foster mother was harmed by the foster children’s biological parents in August 2018.

Consequently, the Legislature finds that the release of the names of a foster parent applicant, a foster parent, their minor children, or adult household members could lead to unwanted contact and harassment from disgruntled parents who react inappropriately due to their children being taken from them and placed in out-of-home care.