Florida Statutes 39.908 – Confidentiality of information received by department or domestic violence center
Current as of: 2023 | Check for updates
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(1) Information about clients received by the department or by authorized persons employed by or volunteering services to a domestic violence center, through files, reports, inspection, or otherwise, is confidential and exempt from the provisions of s. 119.07(1). Information about the location of domestic violence centers and facilities is confidential and exempt from the provisions of s. 119.07(1).
(2) Information about domestic violence center clients may not be disclosed without the written consent of the client to whom the information or records pertain. For the purpose of state law regarding searches and seizures, domestic violence centers shall be treated as private dwelling places. Information about a client or the location of a domestic violence center may be given by center staff or volunteers to law enforcement, firefighting, medical, or other personnel in the following circumstances:
(a) To medical personnel in a medical emergency.
Terms Used In Florida Statutes 39.908
- Abuse: means any willful act or threatened act that results in any physical, mental, or sexual abuse, injury, or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired. See Florida Statutes 39.01
- Adult: means any natural person other than a child. See Florida Statutes 39.01
- Arrest: Taking physical custody of a person by lawful authority.
- Consent: means an agreement, including all of the following:1. See Florida Statutes 39.01
- Department: means the Department of Children and Families. See Florida Statutes 39.01
- Domestic violence: has the meaning set forth in…. See Florida Statutes 39.902
- Domestic violence center: means an agency that provides services to victims of domestic violence as its primary mission. See Florida Statutes 39.902
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Protective investigation: means the acceptance of a report alleging child abuse, abandonment, or neglect, as defined in this chapter, by the central abuse hotline or the acceptance of a report of other dependency by the department; the investigation of each report; the determination of whether action by the court is warranted; the determination of the disposition of each report without court or public agency action when appropriate; and the referral of a child to another public or private agency when appropriate. See Florida Statutes 39.01
- Shelter: means a placement with a relative or a nonrelative, or in a licensed home or facility, for the temporary care of a child who is alleged to be or who has been found to be dependent, pending court disposition before or after adjudication. See Florida Statutes 39.01
(b) Upon a court order based upon an application by a law enforcement officer for a criminal arrest warrant which alleges that the individual sought to be arrested is located at the domestic violence shelter.(c) Upon a search warrant that specifies the individual or object of the search and alleges that the individual or object is located at the shelter.(d) To firefighting personnel in a fire emergency.(e) To any other person necessary to maintain the safety and health standards in the domestic violence shelter.(f) Information solely about the location of the domestic violence shelter may be given to those with whom the agency has an established business relationship.
(3) The restriction on the disclosure or use of the information about domestic violence center clients does not apply to:
(a) Communications from domestic violence shelter staff or volunteers to law enforcement officers when the information is directly related to a client’s commission of a crime or threat to commit a crime on the premises of a domestic violence shelter; or
(b) Reporting suspected abuse of a child or a vulnerable adult as required by law. However, when cooperating with protective investigation services staff, the domestic violence shelter staff and volunteers must protect the confidentiality of other clients at the domestic violence center.