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CS/CS/HB 1249

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A bill to be entitled

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An act relating to public records; amending s.

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409.175, F.S.; providing an exemption from public

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records requirements for certain identifying

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information of certain foster parent applicants and

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licensed foster parents, and the spouses, minor

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children, and other adult household members thereof;

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providing for retroactive application of the

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exemption; providing an exception to the exemption

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under certain circumstances; providing for future

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legislative review and repeal of the exemption;

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providing a statement of public necessity; providing

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an effective date.

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

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Section 1.

Subsection (16) of section 409.175, Florida

Statutes, is amended to read:
409.175

Licensure of family foster homes, residential

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child-caring agencies, and child-placing agencies; public

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records exemption.—

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(16)(a)1.

The following information held by the Department

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of Children and Families regarding a foster parent applicant and

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such applicant's spouse, minor child, and other adult household

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member is exempt from s. 119.07(1) and s. 24(a), Art. I of the
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a.

The names of foster parent applicants for licensure as

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such applicants' spouses, minor children, and other adult

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household members;
b.

The home, business, work, child care, or school

addresses and telephone numbers;

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c.b.

Birth dates;

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d.c.

Medical records;

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e.d.

The floor plan of the home; and

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f.e.

Photographs of such persons.

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2.

If a foster parent applicant does not receive a foster

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parent license, the information made exempt pursuant to this

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paragraph shall become public 5 years after the date of

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application, except that medical records shall remain exempt

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from s. 119.07(1) and s. 24(a), Art. I of the State

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Constitution.

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State Constitution:
Level III homes under subparagraph (5)(a)3., and the names of

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2019

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3.

This exemption applies to information made exempt by

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this paragraph before, on, or after the effective date of the

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exemption.

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(b)1.

The following information held by the Department of

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Children and Families regarding a licensed foster parent and the

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foster parent's spouse, minor child, and other adult household

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member is exempt from s. 119.07(1) and s. 24(a), Art. I of the

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State Constitution:
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a.

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parents' spouses, minor children, and other adult household

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members;
b.

The home, business, work, child care, or school

addresses and telephone numbers;

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c.b.

Birth dates;

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d.c.

Medical records;

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e.d.

The floor plan of the home; and

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f.e.

Photographs of such persons.

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2.

If a foster parent's license is no longer active, the

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information made exempt pursuant to this paragraph shall become

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public 5 years after the expiration date of such foster parent's

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foster care license except that:

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a.

Medical records shall remain exempt from s. 119.07(1)

and s. 24(a), Art. I of the State Constitution.
b.

Exempt information regarding a licensed foster parent

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who has become an adoptive parent and exempt information

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regarding such foster parent's spouse, minor child, or other

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adult household member shall remain exempt from s. 119.07(1) and

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s. 24(a), Art. I of the State Constitution.

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3.

This exemption applies to information made exempt by

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this paragraph before, on, or after the effective date of the

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exemption.

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The names of foster parents licensed as Level III homes

under subparagraph (5)(a)3., and the names of such foster

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4.

If a foster parent applicant or a licensed foster
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parent or the foster parent's spouse, minor child, or other

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adult household member is charged with any offense, or the

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Department of Children and Families suspends or revokes the

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foster parent's license, the name of the charged individual or

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the licensed foster parent, respectively, shall not be exempt

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from s. 119.07(1) and s. 24(a), Art. I of the State

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Constitution, except as otherwise expressly made confidential or

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exempt.
(c)

The name, address, and telephone number of persons

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providing character or neighbor references regarding foster

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parent applicants or licensed foster parents held by the

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Department of Children and Families are exempt from s. 119.07(1)

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and s. 24(a), Art. I of the State Constitution.

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(d)

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Sub-subparagraphs (a)1.a. and (b)1.a. and subparagraph

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(b)4. are subject to the Open Government Sunset Review Act in

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accordance with s. 119.15 and shall stand repealed on October 2,

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2024, unless reviewed and saved from repeal through reenactment

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by the Legislature.

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Section 2.

(1)

The Legislature finds that it is a public

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necessity that the name of a foster parent applicant or licensed

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foster parent, who has applied for licensure or is licensed

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under s. 409.175(5)(a)3., respectively, and the names of such

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applicant's or foster parent's spouse, minor child, or other

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adult household member, respectively, held by the Department of

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Children and Families be made exempt from s. 119.07(1), Florida
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Statutes, and s. 24(a), Article I of the State Constitution.
(2)

The Legislature is committed to ensuring the safety of

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all children. Among the state's most valued partners are the

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foster parents who make the choice to bring a child into their

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homes. Foster parents who provide care for the victims of human

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trafficking provide safe, nurturing, and therapeutic

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environments tailored to children who have endured significant

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trauma. Foster parents who provide care for commercially

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sexually exploited children are at a heightened risk since human

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trafficking is associated with gang activity and violence.

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Therefore, the Legislature finds that the release of the names

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of the foster parent applicant, the foster parent, and the

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spouses, minor children, and other adult household members of

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the foster parent applicant and foster parent who provide care

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for commercially sexually exploited children could lead to

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unwanted contact from dangerous human traffickers. Additionally,

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exempting these names from public records requirements helps

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maintain the safety and confidentiality of the commercially

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sexually exploited children placed in the home. For example, if

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a foster parent has an unusual name, any person acquiring a list

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of the names of the foster parents and other members of the

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household could uncover information about the foster children

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living in the home.

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Section 3.

This act shall take effect July 1, 2019.

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