Read the full stored bill text
Florida Senate
-
2026
SB 1146
By
Senator Rodriguez
40-00573-26 20261146__
1 A bill to be entitled
2 An act relating to public records; amending s. 39.301,
3 F.S.; providing an exemption from public records
4 requirements for recordings of interviews conducted as
5 part of a protective investigation by the Department
6 of Children and Families; authorizing the release of
7 such recordings to certain persons; providing for
8 future legislative review and repeal of the exemption;
9 providing a statement of public necessity; providing a
10 contingent effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraph (c) of subsection (25) of section
15 39.301, Florida Statutes, as created by SB 1144 or similar
16 legislation, is amended to read:
17 39.301 Initiation of protective investigations.—
18 (25)
19 (c)
1.
A recording created pursuant to this section must be
20 retained for at least 5 years.
21
2. Recordings created pursuant to this section are
22
confidential and exempt from
s. 119.07(1) and s. 24(a), Art. I
23
of the State Constitution
. A copy of a recording made
24
confidential and exempt under this subparagraph may be released
25
only:
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a. To persons conducting an investigation under this part,
27
who must maintain the confidentiality of the recording; or
28
b. Upon request in connection with a judicial proceeding,
29
to the caregiver of the child subject to the protective
30
investigation for which the interview took place, except as
31
otherwise provided by court order.
32
3. S
ubparagraph
2.
is subject to the Open Government Sunset
33
Review Act in accordance with s. 119.15 and shall stand repealed
34
on October 2, 20
31
, unless reviewed and saved from repeal
35
through reenactment by the Legislature.
36 Section 2.
The Legislature finds that it is a public
37
necessity that recordings of interviews conducted as part of a
38
protective investigation
by the Department of Children and
39
Families
be made confidential and exempt from s. 119.07(1),
40
Florida Statutes, and s. 24(a), Article I of the State
41
Constitution. The Legislature finds that the recordings of such
42
interviews must be protected from public disclosure to protect
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the privacy and identity of victims of and witnesses to acts of
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child abuse, abandonment, and neglect. These interviews include
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discussions of very sensitive topics, including physical abuse,
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sexual abuse, and neglect. Confidentiality is necessary to
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maintain a safe environment for children who have experienced
48
trauma and to preserve the integrity of investigations and
49
potential prosecution. The Legislature further finds that this
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exemption aligns with federal law requiring the states to
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preserve the confidentiality of all child abuse and neglect
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reports and records to protect the rights of children and their
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parents and guardians. The Legislature finds that the harm that
54
may result from the release of such
recordings
outweighs the
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public benefit that may be derived from the disclosure of the
56
recordings
.
57 Section 3. This act shall take effect on the same date that
58 SB 1144 or similar legislation takes effect, if such legislation
59 is adopted in the same legislative session or an extension
60 thereof and becomes a law.