63F-10.001: Purpose and Scope
63F-10.002: Definitions
63F-10.003: Requests for Youth Information
63F-10.004: Release of Records by Department
63F-10.005: Record Sharing Agreements with Other Government Agencies
63F-10.006: Confidentiality of Records Released by the Department
PURPOSE AND EFFECT: The rule chapter establishes the process by which the department may make available records in its custody regarding children, and by which the media may have access to youth in department programs.
SUMMARY: The rule chapter addresses the manner in which requests for youth information are received and processed, and the conditions under which various types of youth records are provided to requesting youth, law enforcement, criminal justice agencies, and others authorized to obtain the information. Access to youth records by the media, and direct access to youth in department programs, is also addressed.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 985.04, 985.64 FS.
LAW IMPLEMENTED: 984.06, 985.04 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Thursday, December 2, 2010, 10:00 a.m.
PLACE: DJJ Headquarters, 2737 Centerview Drive, General Counsels Conference Room 3223, Tallahassee, Florida. For information about participation by telephone, contact John Milla at (850)921-4129
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Milla, 2737 Centerview Dr., Ste. 3200, Tallahassee, FL 32399-3100, e-mail: john.milla@djj.state.fl.us
THE FULL TEXT OF THE PROPOSED RULE IS:
63F-10.001 Purpose and Scope.
This rule establishes the process by which the department may make available records in the custody of the department regarding children. Access of the media to youth records and to youth in department programs is also addressed.
Rulemaking Authority 985.04, 985.64 FS. Law Implemented 984.06, 985.04 FS. HistoryNew________.
63F-10.002 Definitions.
(1) Active Records: files and records that have not been stored or archived.
(2) Actual Cost of Duplication: the cost of the material and supplies used to duplicate the record, but does not include the labor cost or overhead cost associated with such duplication.
(3) Department Record: records in the custody of the department or one of its contracted delinquency service or program providers.
(4) Duplication Fee: the fee that may be charged for the duplication of the records. The fee shall be 15 cents per copy for duplicated copies no larger than 14'' X 8.5''. For copies larger than 14'' X 8.5'', the fee shall be the actual cost of duplicating the requested material. If applicable, this fee shall also include the cost of mailing or shipping the requested material.
(5) Exempt Record: a record in the custody of the department or its contract provider, which is exempt from public inspection and examination pursuant to
(6) Exemption: the statutory basis by which the department, or its designees, claim that a record or information contained in that record is exempt from public inspection and examination.
(7) Fee Guidelines: the guidelines that apply to fees charged for records. These guidelines include the following:
(a) The hourly salary rate of the department employees who copy and review information pursuant to requests for records shall be assessed, and the cost charged.
(b) Mailing costs, if the documents are mailed to the requesting party, shall be assessed and charged to the requestor.
(c) City, county, state, or federal government agencies and elected or appointed government officials will be provided, free of charge, one complete copy of any department record. Copies of confidential records will be provided only to those individuals or agencies as specified by law or this rule.
(8) Inactive Records: files and records that have been stored or archived.
(9) Information Technology Resources: data processing hardware, software and services, communications, supplies, personnel, facility resources, maintenance and training.
(10) Payment of Fees: monies that must be collected prior to the delivery of the requested material. Fees must be paid by cashiers check, money order, or personal check and made payable to the
(11) Public Information Officer: the department employee responsible for receiving and forwarding any and all record requests to the appropriate office for processing and for maintaining a record of how, when, and by whom the request was answered.
(12) Public Record: all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.
(13) Record Custodian: the person who has supervision and control over a document or record, or has legal responsibility for its care, keeping or guardianship.
(14) Records Custodian Liaison: the department staff assigned by each office to coordinate the processing of records requests with the Records Management Liaison Officer.
(15) Records Management Liaison Officer: staff member in the Bureau of General Services that serves as the point of contact between the department and the Bureau of Archives and Records Management at the Department of State and is responsible for developing and revising department retention schedules and for conducting records management training.
(16) Records in the Custody of the Department Regarding Youth: all documents, papers, letters, tapes, photographs, films, sound recordings or other materials of any physical form that primarily contain information about a youth in the care or custody, or under the supervision of the department or for whom a referral to the department has been made. Records in the custody of the department regarding youth are not public records as defined in Chapter 119, F.S. Such records include:
(a) Records regarding the youths identity and personal information, delinquent history, current charges, adjudicatory hearings, dispositions, physical location, and other similar information.
(b) Records regarding any evaluations, medical tests, mental health assessments, educational assessments or other tests, evaluations or assessments, or the results thereof, performed for the purpose of assisting the courts and the department to determine appropriate disposition or treatment for the youth.
(c) Records regarding any treatment, therapy, educational, health records, mental health records, progress reports or disciplinary reports from commitment facilities.
(d) Records regarding substance abuse assessment and treatment.
(e) Records regarding examination and treatment for a sexually transmissible disease.
(17) Redaction: the process by which information that is confidential and exempt from public disclosure is removed from department records. The Department may charge for the redaction of records in an amount not to exceed $0.35 per page. In lieu of charging for each page redacted, the Department may charge a Special Service Charge as defined in subsection (19).
(18) Subpoena Duces Tecum: a court process, initiated by a party in litigation, compelling production of certain specific documents and other items in the possession of the person or agency being subpoenaed.
(19) Special Service Charge: a charge that may be added to the fee for duplicating the requested material for extensive use of clerical or supervisory labor or extensive information technology resources. A special service charge for extensive assistance by department staff may not be assessed unless the department staff spent at least 15 minutes in retrieving, copying and refiling the requested material.
Rulemaking Authority 985.04, 985.64 FS. Law Implemented 984.06, 985.04 FS. HistoryNew________.
63F-10.003 Requests for Youth Information.
(1) All requests for records in the custody of the department regarding children shall be submitted to the public information officer. A record of the information requested, the person requesting the information, and the information that was provided shall be kept by the public information officer.
(2) Requests by the media to access juvenile programs or to obtain juvenile records shall be forwarded to the Office of Communications for preparation and presentation to the General Counsels Office for review, whereupon it will be forwarded to the relevant Assistant Secretary, who will then forward it to the Chief of Staff and Deputy Secretary. The final decision on all such requests rests with the Secretary.
(a) Records pertaining to youth shall only be released under subsection 63F-10.004(5), F.A.C.
(b) Requests by the media for direct access to juvenile programs will be considered, ensuring that the confidentiality rights of all juveniles are protected, the integrity and security of programs are not compromised, and the safety of visitors, youth, and staff are not endangered.
1. To be considered, requests must be submitted with the following documentation:
a. A completed News Agency Release Form. The News Agency Release Form (OC-1 April 2010) is incorporated by reference and available at: http://www.djj.state.fl.us/opengov/documents/media_access_news_agency_release_form_attach1.pdf.
b. A completed Consent to Release Information reflecting consent by the youth if 18 years of age or older, and the parent or guardian of youth under 18. The Consent to Release Information (OC-2 April 2010) is incorporated by reference and available at: http://www.djj.state.fl.us/opengov/documents/Consent_to_Release.pdf.
2. When considering these requests, the Secretary will address the following:
a. Age of the youth(s);
b. Restrictiveness level of the facility;
c. Possibility that non-consenting youths confidentiality will be compromised;
d. Impact on treatment; and
e. Staff disruption.
Rulemaking Authority 985.04, 985.64 FS. Law Implemented 984.06, 985.04 FS. HistoryNew________.
63F-10.004 Release of Records by Department.
(1) Pursuant to Section 985.04(7), F.S., records in the custody of the department regarding children are not open to inspection by the public. Such documents are exempt from the provisions of Chapter 119, F.S. Records as defined in paragraph 63F-10.002(16)(a), F.A.C., including those requested pursuant to a subpoena duces tecum, may be provided only to:
(a) Other employees of the department who have a need therefore in order to perform their official duties,
(b) The youth,
(c) The Department of Corrections,
(d) Law enforcement agencies pursuant to interagency agreement,
(e) The district school superintendent pursuant to interagency agreement,
(f) The parent(s) or legal guardian of the youth,
(g) An attorney representing the youth if the attorney has a notarized release for the records from the parent or legal guardian if the youth is under the age of 18, or from the youth if he is 18 years of age or older.
(h) To any party upon order of a court of competent jurisdiction,
(i) To corrections agencies or juvenile justice agencies of other states.
(2) Records as defined in paragraphs 63F-10.002(16)(b) and (c), F.A.C., may be provided to:
(a) Other employees of the department who have a need therefore in order to perform their official duties.
(b) The youth, if 18 years of age or older or with a signed release from a parent or legal guardian.
(c) The parent(s) or legal guardian of a youth if the youth is under the age of 18 or with a signed release from the youth if the youth is 18 years of age or older.
(d) An attorney representing the youth with a notarized release from the parent or legal guardian if the youth is under the age of 18 or with a notarized release from the youth if the youth is 18 years of age or older.
(e) Any person or agency participating in the assessment or treatment of the youth.
(f) To any person upon order of a court of competent jurisdiction.
(3) Records as defined in paragraphs 63F-10.002(16)(d) and (e), F.A.C., may be provided to the youth, or pursuant to the provisions of Chapters 384 and 397, F.S.
(4) Records in the custody of the department regarding children who are or have been determined to be dependent or who are alleged to be dependent, or are under the care, custody or supervision of the Department of Children and Families may be released to personnel of the Department of Children and Families who have need for such information. The department shall enter into an agreement with the Department of Children and Families to allow for the sharing of such information between the two agencies. The agreement shall include means of keeping such shared information confidential.
(5) Records in the custody of the department regarding children may be released to the public upon the authorization of the Secretary. The Secretary may release such records only if it is determined that:
(a) the youth poses a current threat to the public safety of the community and releasing the information would help protect the public;
(b) information regarding the youth has been released to the public through other sources and it is determined by the department that it would benefit the public to verify or correct information that has already been released, or
(c) The DJJ Institutional Review Board (IRB) has approved research, a Privacy and Security Agreement has been signed, the researcher has passed a background screening, and the information is required for the approved research.
(6) Subpoenas duces tecum for youth records must be served on the departments headquarters office located at
(7) If approved for release, copies will be provided upon receipt of payment of fees as provided in subsection (8) of this rule.
(8) If the information being requested requires duplication, the Public Information Officer or, if the custodian is a contract provider, the contract provider in consultation with the Public Information Officer shall notify the requestor using the Records Request Charges Form of the fees to be charged in accordance with the departments fee guidelines, which includes actual cost of duplication as well as cost of redaction or any special service charges. The Youth Records Request Invoice form (OGC-1, October 2010) is incorporated by reference and is available at: http://www.djj.state.fl.us/Communications/index.html.
Rulemaking Authority 985.04, 985.64 FS. Law Implemented 984.06, 985.04 FS. HistoryNew________.
63F-10.005 Record Sharing Agreements with Other Government Agencies.
The department may enter into agreements with other government agencies regarding providing the other agencies with records in the custody of the department regarding children. Such agreements shall explain the need of the requesting agency for the records. The agreements shall provide that the records may only be used for the purpose for which they were requested and remain confidential.
Rulemaking Authority 985.04, 985.64 FS. Law Implemented 984.06, 985.04 FS. HistoryNew________.
63F-10.006 Confidentiality of Records Released by the Department.
Records regarding children that are released by the department shall only be used for the purpose for which they were requested. Such records remain confidential and are not subject to public inspection.
Rulemaking Authority 985.04, 985.64 FS. Law Implemented 984.06, 985.04 FS. HistoryNew________.
