The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.0132

39.0132 Oaths, records, and confidential information.—

(1) The judge, clerks or deputy clerks, or authorized agents of the department shall each have the power to administer oaths and affirmations.

(2) The court shall make and keep records of all cases brought before it pursuant to this chapter and shall preserve the records pertaining to a dependent child until 7 years after the last entry was made, or until the child is 18 years of age, whichever date is first reached, and may then destroy them, except that records of cases where orders were entered permanently depriving a parent of the custody of a juvenile shall be preserved permanently. The court shall make official records, consisting of all petitions and orders filed in a case arising pursuant to this chapter and any other pleadings, certificates, proofs of publication, summonses, warrants, and other writs which may be filed therein.

(3) The clerk shall keep all court records required by this chapter separate from other records of the circuit court. All court records required by this chapter shall not be open to inspection by the public. All records shall be inspected only upon order of the court by persons deemed by the court to have a proper interest therein, except that, subject to the provisions of s. 63.162, a child and the parents of the child and their attorneys, the guardian ad litem, criminal conflict and civil regional counsels, law enforcement agencies, and the department and its designees shall always have the right to inspect and copy any official record pertaining to the child. The Justice Administrative Commission may inspect court dockets required by this chapter as necessary to audit compensation of court-appointed attorneys. If the docket is insufficient for purposes of the audit, the commission may petition the court for additional documentation as necessary and appropriate. The court may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records, under whatever conditions upon their use and disposition the court may deem proper, and may punish by contempt proceedings any violation of those conditions.

(4)(a)1. All information obtained pursuant to this part in the discharge of official duty by any judge, employee of the court, authorized agent of the department, correctional probation officer, or law enforcement agent is confidential and exempt from s. 119.07(1) and may not be disclosed to anyone other than the authorized personnel of the court, the department and its designees, correctional probation officers, law enforcement agents, the guardian ad litem, criminal conflict and civil regional counsels, and others entitled under this chapter to receive that information, except upon order of the court.

2.a. The following information held by a guardian ad litem is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution:

(I) Medical, mental health, substance abuse, child care, education, law enforcement, court, social services, and financial records.

(II) Any other information maintained by a guardian ad litem which is identified as confidential information under this chapter.

b. Such confidential and exempt information may not be disclosed to anyone other than the authorized personnel of the court, the department and its designees, correctional probation officers, law enforcement agents, guardians ad litem, and others entitled under this chapter to receive that information, except upon order of the court.

(b) The department shall disclose to the school superintendent the presence of any child in the care and custody or under the jurisdiction or supervision of the department who has a known history of criminal sexual behavior with other juveniles; is an alleged juvenile sex offender, as defined in ¹s. 39.01; or has pled guilty or nolo contendere to, or has been found to have committed, a violation of chapter 794, chapter 796, chapter 800, s. 827.071, or s. 847.0133, regardless of adjudication. Any employee of a district school board who knowingly and willfully discloses such information to an unauthorized person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(5) All orders of the court entered pursuant to this chapter shall be in writing and signed by the judge, except that the clerk or deputy clerk may sign a summons or notice to appear.

(6) No court record of proceedings under this chapter shall be admissible in evidence in any other civil or criminal proceeding, except that:

(a) Records of proceedings under this chapter forming a part of the record on appeal shall be used in the appellate court in the manner hereinafter provided.

(b) Records necessary therefor shall be admissible in evidence in any case in which a person is being tried upon a charge of having committed perjury.

(c) Records of proceedings under this chapter may be used to prove disqualification pursuant to s. 435.06 and for proof regarding such disqualification in a chapter 120 proceeding.

(d) A final order entered pursuant to an adjudicatory hearing is admissible in evidence in any subsequent civil proceeding relating to placement of, access to, parental time with, adoption of, or parental rights and responsibilities for the same child or a sibling of that child.

(e) Evidence admitted in any proceeding under this chapter may be admissible in evidence when offered by any party in a subsequent civil proceeding relating to placement of, access to, parental time with, adoption of, or parental rights and responsibilities for the same child or a sibling of that child if:

1. Notice is given to the opposing party or opposing party’s counsel of the intent to offer the evidence and a copy of such evidence is delivered to the opposing party or the opposing party’s counsel; and

2. The evidence is otherwise admissible in the subsequent civil proceeding.

(7) Final orders, records, and evidence in any proceeding under this chapter which are subsequently admitted in evidence pursuant to subsection (6) remain subject to subsections (3) and (4).

History.—s. 20, ch. 78-414; s. 15, ch. 79-164; s. 3, ch. 87-238; s. 40, ch. 89-526; s. 7, ch. 90-208; s. 13, ch. 90-360; s. 16, ch. 91-57; s. 18, ch. 93-39; s. 32, ch. 95-228; s. 119, ch. 95-418; s. 3, ch. 96-268; s. 16, ch. 96-406; s. 1, ch. 98-158; s. 26, ch. 98-403; s. 16, ch. 99-2; s. 8, ch. 99-193; s. 10, ch. 99-284; s. 17, ch. 2000-139; s. 2, ch. 2005-213; s. 24, ch. 2005-236; s. 4, ch. 2005-239; s. 12, ch. 2008-4; s. 1, ch. 2010-75; s. 5, ch. 2022-195.

¹Note.—Prior to amendment by s. 3, ch. 2014-224, s. 39.01(7) defined “alleged juvenile sexual offender” and “juvenile sexual abuse.” Section 3, ch. 2014-224, removed the definition of “alleged juvenile sexual offender”; s. 39.01(7) was renumbered as s. 39.01(38) by s. 3, ch. 2021-51, and still defines “juvenile sexual abuse.”

Note.—Former s. 39.411.

F.S. 39.0132 on Google Scholar

F.S. 39.0132 on Casetext

Amendments to 39.0132

Arrestable Offenses / Crimes under Fla. Stat. 39.0132

Level: Degree
Misdemeanor/Felony: First/Second/Third

S39.0132 4b - PUBLIC ORDER CRIMES - SCH BOARD EMP DISCLOSE INFO ON JUV SEX OFF - M: S

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court

11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

Statewide Guardian ad Litem Office v. J.B.
No. 1D23-0073 (Fla. Dist. Ct. App. May. 23, 2023)
In D.C. v. J.M., 133 So.3d 1080 (Fla. 3d DCA 2014), the court granted a writ of certiorari to quash a trial court order granting the foster parents access to the confidential court records. See § 39.0132(3), Fla. Stat. (requiring the clerk of the circuit court to keep the court records separate and confidential). Here, the portion of the trial court's order granting access to the court record was mentioned in the petition and response. But the focus of the petition, as well as our focus, is the portion of the order granting intervention. Any "cat out of the bag" concern about the release of the court record to the caregivers' attorney is likely moot since there was no motion to stay the trial court's order. Going forward, since we are quashing the order, the caregivers will not have access to the court record. They could again seek it. See id. But a hypothetical future order granting the caregiver's access to the court record may run afoul of the reasoning of D.C.
PAGE 4
Statewide Guardian ad Litem v. Alberto
No. 3D22-801 (Fla. Dist. Ct. App. Oct. 19, 2022)
For example, section 39.0132(3) and (4), Florida Statutes (2021) provide:
PAGE 7
A.R. v. Dep't of Children & Families (In re Interest of M.S.)
336 So. 3d 830 (Fla. Dist. Ct. App. 2022)
See § 39.0132(3), Fla. Stat. (2020).
PAGE 834
A.R. v. Dep't of Children & Families & Guardian AD Litem Program (In re M.S.)
No. 2D20-2477 (Fla. Dist. Ct. App. Apr. 8, 2022)
See § 39.0132(3), Fla. Stat. (2020).
PAGE 6
A.R. v. Dep't of Children & Families (In re M.S.)
No. 2D20-2477 (Fla. Dist. Ct. App. Oct. 15, 2021)
See § 39.0132(3), Fla. Stat. (2020).
PAGE 6
In re Amendments to Fla. Rules of Judicial Admin. 2.420—2019 Fast-Track Report
280 So. 3d 452 (Fla. 2019)
(i) Chapter 39 records relating to dependency matters, termination of parental rights, guardians ad litem, child abuse, neglect, and abandonment. §§ 39.0132(3), 39.0132(4)(a), 39.202, Fla. Stat.
PAGE 453
C.G. v. R.C.
280 So. 3d 1098 (Fla. Dist. Ct. App. 2019)
Section 39.0132(3), Florida Statutes, is the operative statute, but nothing in the statute limits which attorney of the parent has access to the dependency file. Moreover, it is conceivable that once the mother was given access to the dependency file, she would simply turn the information over to her present counsel. Appellee defends the court's decision on the basis of the language in section 39.0132(3) subjecting the right to access the records to "the provisions of section 63.162 ...." Section 63.162(2), Florida Statutes, states in pertinent part:
PAGE 1106
C.H.-C. v. Miami Herald Publ'g Co.
262 So. 3d 226 (Fla. Dist. Ct. App. 2018)
Section 39.0132(3) gives the trial court the discretion to deem the Respondents to have a proper interest in the requested transcript. The trial court did not depart from the essential requirements of the law in so concluding. Further, the Petitioners have not identified any confidential information or fact contained in the hearing transcript that would cause irreparable harm to the Petitioners as a result of granting the Herald access to the redacted hearing transcript. Finding neither a departure from the essential requirements of law, nor irreparable harm, we deny the petition for certiorari.
PAGE 228
C.H.-C. v. Miami Herald Publ'g Co.
248 So. 3d 1234 (Fla. Dist. Ct. App. 2018)
C.H.–C, his siblings, and their parents are the subjects of dependency proceedings filed by the Florida Department of Children and Families. The Miami Herald and one of its reporters noted for her reporting of child welfare matters, Carol Marbin Miller, moved to intervene in the proceedings and obtain an audio recording or transcript of a January 17, 2018 judicial review hearing. Rule 2.420 of the Florida Rules of Judicial Administration requires public access to most court records but protects the confidentiality of certain court records including "Chapter 39 records relating to dependency matters." Chapter 39 courtroom proceedings are open to the public but court records in Chapter 39 proceedings are not accessible to the public except "upon order of the court by persons deemed by the court to have a proper interest therein." § 39.0132(3), Fla. Stat (2017).
PAGE 1235
In re Amendments to Fla. Rule of Judicial Admin. 2.420
156 So. 3d 499 (Fla. 2015)
(i) Chapter 39 records relating to dependency matters, termination of parental rights, guardians ad litem, child abuse, neglect, and abandonment. §§ 39.0132(3), 39.0132(4)(a), Fla. Stat.
PAGE 501
Cases from cite.case.law:
C. H. C. v. MIAMI HERALD PUBLISHING CO., 262 So. 3d 226 (Fla. App. Ct. 2018)

. . . . § 39.0132(3), Fla. Stat. (2018). . . . information that must be designated and maintained as confidential when contained within a court record); § 39.0132 . . . Section 39.0132(3) gives the trial court the discretion to deem the Respondents to have a proper interest . . .
C. H. C. a v. MIAMI HERALD PUBLISHING CO., 248 So. 3d 1234 (Fla. App. Ct. 2018)

. . . ." § 39.0132(3), Fla. Stat (2017). . . .
In FLORIDA RULE OF JUDICIAL ADMINISTRATION, 156 So. 3d 499 (Fla. 2015)

. . . . §§ 39.0132(3), 39.0132(4)(a), Fla. Stat. (ii) Adoption records. § 63.162, Fla. Stat. . . .
D. C. v. J. M. R. M., 133 So. 3d 1080 (Fla. Dist. Ct. App. 2014)

. . . Const.) and statutory (§ 39.0132(3), Fla. . . .
In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 115 So. 3d 286 (Fla. 2013)

. . . Rule 8.260 (Orders) is amended to clarify that all orders must be signed by the judge, see section 39.0132 . . .
In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 124 So. 3d 819 (Fla. 2013)

. . . . §§_39.0132(3), 39.0132(4)(a), Fla. Stat. (ii) Adoption records. § 63.162, Fla. Stat. . . . matters, termination of parontal righta, guardinns-ad-lttemv ehilé-abuse, neglect, and abandonment^ 39.0132 . . .
In J. B. a v. Ad, 101 So. 3d 407 (Fla. Dist. Ct. App. 2012)

. . . Section 39.0132(3), Florida Statutes (2011), provides in pertinent part as follows: The clerk shall keep . . . Case law addressing confidential records under section 39.0132(3) is scant, and no authority directly . . . those to whom the statute gives an absolute entitlement to the records. 63 So.3d at 904 (citing section 39.0132 . . . ease, the dependency court abused its discretion by failing to apply the test established in section 39.0132 . . .
In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 68 So. 3d 228 (Fla. 2011)

. . . . § 39.0132(3), Fla. Stat. . . .
R. L. F. M. A. W. R. J. W. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 63 So. 3d 902 (Fla. Dist. Ct. App. 2011)

. . . Section 39.0132 of the Florida Statutes governs access to court records: 39.0132 Oaths, records, and . . . designees shall always have the right to inspect and copy any official record pertaining to the child.... § 39.0132 . . .
In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION AND THE FLORIDA RULES OF APPELLATE PROCEDURE, 31 So. 3d 756 (Fla. 2010)

. . . . § 39.0132(3), Fla. Stat. (ii) Adoption records. § 63.162, Fla. Stat. . . . matters, termination of parental rights, guardians ad litem, child abuse, neglect, and abandonment. § 39.0132 . . .
I. CHEN, V. D. D. D. H. E. C. v. R. LESTER, Jr. H. A. N. M. F., 364 F. App'x 531 (11th Cir. 2010)

. . . . § 39.0132 This statute governs the state’s maintenance of certain records. . . .
In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION SEALING OF COURT RECORDS AND DOCKETS, 954 So. 2d 16 (Fla. 2007)

. . . See, e.g., § 39.0132(3)-(4), Fla. Stat. (2006); Fla. RApp. P. 9.146(f). . . .
R. K. J. K. v. KANASKI,, 426 F. Supp. 2d 1290 (S.D. Fla. 2006)

. . . . §§ 39.202 and 39.0132; (2) hearsay; and (3) failure to authenticate (DE # 699). . . . Stat. §§ 39.202 and 39.0132. , These sections provide for the confidentiality of reports and information . . . In addition, section 39.0132(6) expressly provides that “[n]o court record of proceedings under this . . . Moreover, § 39.0132(6), which makes court records governed by this section inadmissible in subsequent . . . Specifically, § 39.0132(6)(e) provides that “evidence admitted in any proceeding under this chapter may . . .
J. I. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 922 So. 2d 405 (Fla. Dist. Ct. App. 2006)

. . . See §§ 39.0132(4) and 39.809(4), Fla. Stat. . . . exercising decision-making authority at the staffing meeting as contemplated by the Sunshine Law, sections 39.0132 . . . Section 39.0132(4)(a) provides that all information obtained in dependency and termination proceedings . . .

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

Cases from cite.case.law: