Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
Florida Statute 39.132 - Full Text and Legal Analysis
Florida Statute 39.0132 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 39.0132 Case Law from Google Scholar Google Search for Amendments to 39.0132

The 2024 Florida Statutes (including 2025 Special Session C)

Title V
JUDICIAL BRANCH
Chapter 39
PROCEEDINGS RELATING TO CHILDREN
View Entire Chapter
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 may not be open to inspection by the public. All records may be inspected only upon order of the court by persons deemed by the court to have a proper interest therein, except that, subject to s. 63.162, a child, the parents of the child and their attorneys, the guardian ad litem, criminal conflict and civil regional counsels, law enforcement agencies, the department and its designees, and the attorney ad litem, if one is appointed, 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; s. 8, ch. 2024-70.
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.” Section 39.01(7) was redesignated as s. 39.01(38) by s. 3, ch. 2021-51, and further redesignated as s. 39.01(41) by s. 5, ch. 2024-70, and still defines “juvenile sexual abuse.”
Note.Former s. 39.411.

F.S. 39.0132 on Google Scholar

F.S. 39.0132 on CourtListener

Amendments to 39.0132


Annotations, Discussions, Cases:

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

Cases Citing Statute 39.0132

Total Results: 15

Amendments to Fl. Rule of Jud. Admin. 2.420

954 So. 2d 16, 2007 WL 1012924

Supreme Court of Florida | Filed: Apr 5, 2007 | Docket: 1651593

Cited 6 times | Published

such as in child dependency cases. See, e.g., § 39.0132(3)-(4), Fla. Stat. (2006); Fla. R.App. P. 9.146(f)

D.C. v. J.M.

133 So. 3d 1080, 2014 WL 305284, 2014 Fla. App. LEXIS 1038

District Court of Appeal of Florida | Filed: Jan 29, 2014 | Docket: 60238668

Cited 5 times | Published

constitutional (Art. I, § 23, Fla. Const.) and statutory (§ 39.0132(3), Fla. Stat. (2013)) rights of the natural parents

In Re Amendments to Florida Rule of Judicial Administration 2.420

31 So. 3d 756, 35 Fla. L. Weekly Supp. 180, 2010 Fla. LEXIS 405, 2010 WL 958075

Supreme Court of Florida | Filed: Mar 18, 2010 | Docket: 1647513

Cited 5 times | Published

litem, child abuse, neglect, and abandonment. § 39.0132(3), Fla. Stat. (ii) Adoption records. § 63.162

In Re Amendments to Florida Rule of Judicial Administration 2.420

68 So. 3d 228, 36 Fla. L. Weekly Supp. 414, 2011 Fla. LEXIS 1573, 2011 WL 2637473

Supreme Court of Florida | Filed: Jul 7, 2011 | Docket: 2357064

Cited 2 times | Published

litem, child abuse, neglect, and abandonment. § 39.0132(3), Fla. Stat. (If the document is filed within

City of Plant City v. Department of Children & Family Services

101 So. 3d 407, 2012 Fla. App. LEXIS 20327, 2012 WL 5935665

District Court of Appeal of Florida | Filed: Nov 28, 2012 | Docket: 60226309

Cited 1 times | Published

dependency court records are not public. Section 39.0132(3), Florida Statutes (2011), provides in pertinent

R.L.F. v. Department of Children & Families

63 So. 3d 902, 2011 Fla. App. LEXIS 8973, 2011 WL 2416019

District Court of Appeal of Florida | Filed: Jun 17, 2011 | Docket: 2530389

Cited 1 times | Published

obtain the reports because he is not a parent. Section 39.0132 of the Florida Statutes governs access to court

GUARDIAN AD LITEM, K.F. AND J.F., ADOPTIVE PARENTS OF RA.W. vs DEPARTMENT OF CHILDREN AND FAMILIES, R.W., JR., AND T.W., BIOLOGICAL/FORMER PARENTS, R.W., SR., AND C.W., MATERNAL GRANDPARENTS/ADOPTIVE PARENTS OF R.W., III

District Court of Appeal of Florida | Filed: Oct 18, 2023 | Docket: 66863863

Published

3 Section 39.0132(3), Florida Statutes (2021), governs the inspection

STATEWIDE GUARDIAN AD LITEM v. AMAURY ALBERTO

District Court of Appeal of Florida | Filed: Oct 19, 2022 | Docket: 65588616

Published

as set forth by law.3 3 For example, section 39.0132(3) and (4), Florida Statutes (2021) provide:

C.G. and C.G. v. R.C.

District Court of Appeal of Florida | Filed: Sep 12, 2019 | Docket: 16189564

Published

mother’s] attorney in the dependency case.” Section 39.0132(3), Florida Statutes, is the operative statute

C.H.-c. v. Miami Herald Publishing Co.

262 So. 3d 226

District Court of Appeal of Florida | Filed: Dec 14, 2018 | Docket: 8417237

Published

interest therein” to inspect those records.2 § 39.0132(3), Fla. Stat. (2018). Further, “except as otherwise

C.H.-c. v. Miami Herald Publishing Co.

248 So. 3d 1234

District Court of Appeal of Florida | Filed: Jun 6, 2018 | Docket: 7061980

Published

the court to have a proper interest therein.” § 39.0132(3), Fla. Stat (2017).

In re Amendments to the Florida Rules of Juvenile Procedure

115 So. 3d 286, 38 Fla. L. Weekly Supp. 337, 2013 Fla. LEXIS 1944, 2013 WL 2248756

Supreme Court of Florida | Filed: May 23, 2013 | Docket: 60232163

Published

all orders must be signed by the judge, see section 39.0132(5), Florida Statutes (2012), and to list the

R.K. v. Kanaski

426 F. Supp. 2d 1290, 2006 U.S. Dist. LEXIS 21463, 2006 WL 931724

District Court, S.D. Florida | Filed: Mar 24, 2006 | Docket: 2366135

Published

resolution of an issue then pending before it. Section 39.0132, entitled, "Oaths, records, and confidential

JI v. Department of Children and Families

922 So. 2d 405, 2006 Fla. App. LEXIS 3301, 2006 WL 544475

District Court of Appeal of Florida | Filed: Mar 8, 2006 | Docket: 1282732

Published

are confidential and closed to the public." Section 39.0132(4)(a) provides that all information obtained

Ago

Florida Attorney General Reports | Filed: Nov 13, 1998 | Docket: 3256798

Published

adoptions are exempt from s. 119.07(1)."5 Section 39.0132, Florida Statutes, the third statute referenced