THE BILL ITSELF
CS/HB 287
Pub. Rec./Applicants, Owners, and Operators of Family Foster Homes and References of Such Persons
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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 confidentiality and an
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exemption from public records requirements for the
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personal identifying and location information of
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applicants for family foster homes and the names and
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personal identifying and location information of the
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spouses, children, and other adult household members
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of such applicants; providing confidentiality and an
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exemption from public records requirements for the
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personal identifying and location information of
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current and former owners and operators of family
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foster homes and the names and personal identifying
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and location information of the spouses, children, and
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other adult household members of such owners and
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operators; providing confidentiality and an exemption
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from public records requirements for the personal
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identifying and location information of character or
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neighbor references of a family foster home applicant
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or a current or former owner or operator of a family
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foster home; providing for future legislative review
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and repeal of the exemption; providing a statement of
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public necessity; providing 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
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Statutes, is amended to read:
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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 family foster home parent
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applicant and his or her such applicant's spouse, children minor
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child, and other adult household members member is confidential
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and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution:
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a. The home, business, work, child care, or school
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addresses and telephone numbers;
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b. Birth dates;
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c. Medical records;
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d. The floor plan of the home; and
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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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2.3. This exemption applies to information made
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confidential and exempt by this paragraph before, on, or after
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the effective date of the exemption.
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(b)1. The following information held by the Department of
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Children and Families regarding a current or former owner or
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operator of a family foster home and his or her licensed foster
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parent and the foster parent's spouse, children minor child, and
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other adult household members member is confidential and 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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a. The home, business, work, child care, or school
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addresses and telephone numbers;
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b. Birth dates;
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c. Medical records;
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d. The floor plan of the home; and
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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)
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and s. 24(a), Art. I of the State Constitution.
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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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2.3. This exemption applies to information made
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confidential and exempt by this paragraph before, on, or after
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the effective date of the exemption.
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(c) The name, address, and telephone number of persons
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providing character or neighbor references regarding a family
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foster home applicant or a current or former owner or operator
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of a family foster home foster parent applicants or licensed
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foster parents held by the Department of Children and Families
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are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
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I of the State Constitution.
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(d) This subsection is subject to the Open Government
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Sunset Review Act in accordance with s. 119.15 and shall stand
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repealed on October 2, 2031, unless reviewed and saved from
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repeal through reenactment 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 home, business, work, child care, or school
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addresses of family foster home applicants and the spouses,
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children, and household members of those applicants, along with
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the birth dates, medical records, home floor plans, and
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photographs of such persons held by the Department of Children
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and Families be made confidential and exempt from s. 119.07(1),
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Florida Statutes, and s. 24(a), Article 1 of the State
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Constitution. Such identifying and location information can be
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used to locate family foster home applicants, their family
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members and household members, and the children placed in the
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family foster home by the Department of Children and Families to
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threaten or harm the applicant, the applicant's family and
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household members, and the foster children; to perpetuate fraud
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against any of these individuals; or to acquire sensitive
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personal, financial, medical, and familial information, the
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release of which could cause great financial harm to the
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individual.
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(2) The Legislature finds that the home, business, work,
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child care, or school addresses of the current or former owner
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or operator of a family foster home and the spouses, children,
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and household members of those owners and operators, along with
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the birth dates, medical records, home floor plans, and
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photographs of such persons held by the Department of Children
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and Families be made confidential and exempt from s. 119.07(1),
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Florida Statutes, and s. 24(a), Article 1 of the State
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Constitution. Such identifying and location information can be
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used to locate owners and operators of family foster homes,
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their family members and household members, and the children
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placed in the family foster home by the Department of Children
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and Families to threaten or harm the owner or operator, the
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owner or operator's family and household members, and the foster
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children; to perpetuate fraud against any of these individuals;
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or to acquire sensitive personal, financial, medical, and
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familial information, the release of which could cause great
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financial harm to the individual.
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(3) The Legislature finds that the name, address, and
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telephone number of persons providing character or neighbor
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references regarding a family foster home applicant or a current
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or former owner or operator of a family foster home held by the
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Department of Children and Families be made confidential and
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exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
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Article 1 of the State Constitution. Such identifying and
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location information can be used to locate character or neighbor
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references regarding a family foster home applicant or a current
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or former owner or operator of a family foster home to threaten
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or harm the character or neighbor reference; to perpetuate fraud
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against any of these individuals; or to acquire sensitive
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personal, financial, medical, and familial information, the
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release of which could cause great financial harm to the
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individual.
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(4) Children placed in a family foster home are often
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removed from the care of their biological parents due to
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physical, sexual, and emotional abuse; domestic violence; drug
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use; neglect; and many other reasons for which the state has
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identified the children are in danger. As such, it is necessary
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to protect the location of such children from being known,
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directly or indirectly, by their biological parents until the
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case has been litigated and the children have been returned to
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their biological parents upon satisfactory completion of their
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case plan and having their parenting rights restored. As a
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result of being the person ultimately responsible for the care
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of a child who is removed from the home of his or her biological
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parents, owners and operators of family foster homes may incur
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the ill will of the biological parents, thus making such owners
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and operators and their other children targets for acts of
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revenge. If such identifying and location information is
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released, the safety of the owners and operators of family
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foster homes and all children living with them could be
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seriously jeopardized. Additionally, exposing such information
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of family foster home applicants and their families may cause a
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chilling effect on the number of applications received because
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of the potential exposure of sensitive personal information,
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thereby reducing the number of foster families willing to foster
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children. The Legislature further finds that the harm that may
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result from the release of such personal identifying and
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location information outweighs any public benefit that may be
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derived from the disclosure of the information.
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Section 3. This act shall take effect July 1, 2026.