Florida Statute 39.0132 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 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 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:

Cases Citing Statute 39.0132

Total Results: 18

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

Court: Fla. Dist. Ct. App. | Date Filed: 2023-10-18T00:00:00-07:00

Snippet: 3 Section 39.0132(3), Florida Statutes (2021), governs the inspection…record pertaining to the child. § 39.0132(3), Fla. Stat. (2021). We have no difficulty in…889 (Fla. 2003). Pertinent here, section 39.0132(3), Florida Statutes, makes clear that dependency…mother or father of the child. 2 Section 39.0132(3) names other entities that “always have the …granting them access to the records. 4 Section 39.0132(3) contains a proviso that the parents’ right

STATEWIDE GUARDIAN AD LITEM v. AMAURY ALBERTO

Court: Fla. Dist. Ct. App. | Date Filed: 2022-10-19T00:53:00-07:00

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

In Re: Amendments to the Florida Rules of Judicial Administration 2.420 - 2019 Fast-Track Report

Court: Fla. | Date Filed: 2019-10-03T00:00:00-07:00

Snippet: maintain as confidential and cites to sections 39.0132(3) and 39.0132(4)(a), Florida Statutes. The amendment…child abuse, neglect, and abandonment. §§ 39.0132(3), 39.0132(4)(a), 39.202, Fla. Stat.

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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-09-12T00:53:00-07:00

Snippet: attorney in the dependency case.” Section 39.0132(3), Florida Statutes, is the operative statute,…decision on the basis of the language in section 39.0132(3) subjecting the right to access the records to

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-13T23:53:00-08:00

Snippet: interest therein” to inspect those records.2 § 39.0132(3), Fla. Stat. (2018). Further, “except as otherwise…confidential when contained within a court record); § 39.0132(3)-(4), Fla. Stat. (2018). The court determined… 3d DCA 2014) (emphasis added). Section 39.0132(3) gives the trial court the discretion to deem

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-06T00:53:00-07:00

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

In Re Amendments to FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.420

Court: Fla. | Date Filed: 2015-01-22T00:00:00-08:00

Citation: 156 So. 3d 499, 40 Fla. L. Weekly Supp. 29, 43 Media L. Rep. (BNA) 1199, 2015 Fla. LEXIS 113

Snippet: child abuse, neglect, and abandonment. §§ 39.0132(3), 39.0132(4)(a), Fla. Stat. (ii) Adoption records

D.C. v. J.M.

Court: Fla. Dist. Ct. App. | Date Filed: 2014-01-29T00:00:00-08:00

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

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

In re Amendments to the Florida Rules of Juvenile Procedure

Court: Fla. | Date Filed: 2013-05-23T00:00:00-07:00

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

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

In re Amendments to Florida Rule of Judicial Administration 2.420

Court: Fla. | Date Filed: 2013-03-28T00:00:00-07:00

Citation: 124 So. 3d 819, 38 Fla. L. Weekly Supp. 199, 2013 WL 1234993, 2013 Fla. LEXIS 543

Snippet: child abuse, neglect, and abandonment. §§_39.0132(3), 39.0132(4)(a), Fla. Stat. (ii) Adoption records. …-lttemv ehilé-abuse, neglect, and abandonment^ 39.0132(3), Fla. Stat.-(íf the document is filed within-a

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

Court: Fla. Dist. Ct. App. | Date Filed: 2012-11-28T00:00:00-08:00

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

Snippet: dependency court records are not public. Section 39.0132(3), Florida Statutes (2011), provides in pertinent… addressing confidential records under section 39.0132(3) is scant, and no authority directly answers …to the records. 63 So.3d at 904 (citing section 39.0132(3), which lists those who “shall always have the…failing to apply the test established in section 39.0132(3). The statute does not require a third party

In Re Amendments to Florida Rule of Judicial Administration 2.420

Court: Fla. | Date Filed: 2011-07-07T00:00:00-07:00

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

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2011-06-17T00:00:00-07:00

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

Snippet: parent. Section 39.0132 of the Florida Statutes governs access to court records: 39.0132 Oaths, records…official record pertaining to the child. . . . § 39.0132(3), Fla. Stat. (2010) (emphasis added). Since a

In Re Amendments to Florida Rule of Judicial Administration 2.420

Court: Fla. | Date Filed: 2010-03-18T00:00:00-07:00

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

Snippet: litem, child abuse, neglect, and abandonment. § 39.0132(3), Fla. Stat. (ii) Adoption records. § 63.162,…litem, child abuse, neglect, and abandonment. § 39.0132(3), Fla. Stat. (If the document is filed within

Amendments to Fl. Rule of Jud. Admin. 2.420

Court: Fla. | Date Filed: 2007-04-05T00:53:00-07:00

Citation: 954 So. 2d 16

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

JI v. Department of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2006-03-07T23:53:00-08:00

Citation: 922 So. 2d 405

Snippet: confidential and exempt from disclosure. See §§ 39.0132(4) and 39.809(4), Fla. Stat. The permanency staffing… as contemplated by the Sunshine Law, sections 39.0132(4) and 39.809(4), when read together, make these…confidential and closed to the public." Section 39.0132(4)(a) provides that all information obtained in

Ago

Court: Fla. Att'y Gen. | Date Filed: 1998-11-12T23:53:00-08:00

Snippet: . Stat. 5 Id. 6 Section 39.0132(3), Fla. Stat. (1998 Supp.). 7 Section 39.0132(4)(a), Fla. Stat. (1998…records inaccordance with the provisions of ss. 39.0132, 63.022, and 63.162. Upon completion of a general…adoptions are exempt from s. 119.07(1)."5 Section 39.0132, Florida Statutes, the third statute referenced

Heftler Construction Co. & Sub. v. Depart. of Rev.

Court: Fla. Dist. Ct. App. | Date Filed: 1976-06-22T00:53:00-07:00

Citation: 334 So. 2d 129

Snippet: account in the computation of consolidated items.&#39; *132 "This then brings us to the issue of whether