HB 601 — Pub. Rec./Child Abuse, Abandonment, or Neglect

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 601 2019 A bill to be entitled An act relating to public records;

makingrevising conformingpersons changes;who have access to certain records;

providing for future legislative review and repeal of the exemption;

providing for reversion of statutory text of certain provisions if the exemption is not saved from repeal;

Subsections (2) and (5) of section 39.202, Florida Statutes, are amendedamended, and subsection (9) is added to that section to read:

(a)Page Employees,1 authorized agents, or contract providers of the9 department,CODING: the Department of Health, the Agency for Persons with Disabilities, the Office of Early Learning, or county agencies responsible for carrying out:

1.

Child or adult protective investigations;

Page 1 of 8 CODING:

hb0601-01-c1hb0601-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 601 2019 2.(a) Employees, authorized agents, or contract providers of the department, the Department of Health, the Agency for Persons with Disabilities, the Office of Early Learning, or county agencies responsible for carrying out:

1.

Child or adult protective investigations;

2.

(c) The state attorney of the judicial circuit in which the child resides or in which the alleged abuse or neglect occurred.Page 2 of 9 CODING:

(d) The parent or legal custodian of any child who is alleged to have been abused, abandoned, or neglected, and the child, and their attorneys, including any attorney representing a child in civil or criminal proceedings.

This access shall be Page 2 of 8 CODING:

hb0601-01-c1hb0601-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 601 2019 madeoccurred. available no later than 60 days after the department receives the initial report of abuse, neglect, or abandonment.

(d) The parent or legal custodian of any child who is alleged to have been abused, abandoned, or neglected, and the child, and their attorneys, including any attorney representing a child in civil or criminal proceedings.

This access shall be made available no later than 60 days after the department receives the initial report of abuse, neglect, or abandonment.

(g)Page A3 grand jury, by subpoena, upon its determination that access to such records is necessary in the conduct of its9 officialCODING: business.

(h) Any appropriate official of the department or the Agency for Persons with Disabilities who is responsible for:

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hb0601-01-c1hb0601-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 601 2019 1.(g) A grand jury, by subpoena, upon its determination that access to such records is necessary in the conduct of its official business.

(h) Any appropriate official of the department or the Agency for Persons with Disabilities who is responsible for:

1.

(j)Page The4 Division of Administrative9 HearingsCODING: for purposes of any administrative challenge.

(k) Any appropriate official of a Florida advocacy council investigating a report of known or suspected child abuse, abandonment, or neglect;

the Auditor General or the Office of Page 4 of 8 CODING:

hb0601-01-c1hb0601-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 601 2019 Program(j) PolicyThe AnalysisDivision andof GovernmentAdministrative AccountabilityHearings for thepurposes purpose of conductingany auditsadministrative orchallenge. examinations pursuant to law;

(k) Any appropriate official of a Florida advocacy council investigating a report of known or suspected child abuse, abandonment, or neglect;

the Auditor General or the Office of Program Policy Analysis and Government Accountability for the purpose of conducting audits or examinations pursuant to law;

(p) An employee of the local school district who is designatedPage as5 aof liaison9 betweenCODING: the school district and the department pursuant to an interagency agreement required under s.

39.0016 and the principal of a public school, private school, or charter school where the child is a student.

Information contained in the records which the liaison or the principal Page 5 of 8 CODING:

hb0601-01-c1hb0601-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 601 2019 determinesdesignated areas necessary for a schoolliaison employeebetween tothe effectivelyschool providedistrict aand studentthe withdepartment educationalpursuant servicesto mayan beinteragency releasedagreement torequired thatunder employee.s.

39.0016 and the principal of a public school, private school, or charter school where the child is a student.

Information contained in the records which the liaison or the principal determines are necessary for a school employee to effectively provide a student with educational services may be released to that employee.

(t) Persons with whom the department is seeking to place the child or to whom placement has been granted, including foster parents for whom an approved home study has been conducted, the designee of a licensed residentialchild-caring groupagency homeas describeddefined in s.

39.01 residential group home described in s.

39.402, preadoptive parents for whom a favorable preliminary adoptive home study has been conducted, adoptivePage parents,6 or an adoption entity acting on behalf of preadoptive9 orCODING: adoptive parents.