Florida Senate - 2015 SB 308 By Senator Garcia 38-00469-15 2015308__ 1 A bill to be entitled 2 An act relating to public records; amending s. 39.908, 3 F.S.; providing an exemption from public records 4 requirements for information concerning clients of 5 domestic violence advocacy organizations or referral 6 services; requiring written consent of the client for 7 disclosure of certain information; providing 8 exceptions; providing for future legislative review 9 and repeal of the exemptions; providing a statement of 10 public necessity; providing a contingent effective 11 date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 39.908, Florida Statutes, is amended to 16 read: 17 39.908 Confidentiality of information received by 18 department,ordomestic violence center, domestic violence 19 advocacy organization, or domestic violence referral service.— 20 (1) Information about clients received by the department or 21 by authorized persons employed by or volunteering services to a 22 domestic violence center, a domestic violence advocacy 23 organization, or a domestic violence referral service, through 24 files, reports, inspection, or otherwise, is confidential and 25 exempt from the provisions of s. 119.07(1). Information about 26 the location of domestic violence centers, domestic violence 27 advocacy organizations, and domestic violence referral 28 organizations and their respective facilities is confidential 29 and exempt from the provisions of s. 119.07(1). 30 (2) Information about domestic violence center, domestic 31 violence advocacy organization, or domestic violence referral 32 service clients may not be disclosed without the written consent 33 of the client to whom the information or records pertain. For 34 the purpose of state law regarding searches and seizures, 35 domestic violence centers, domestic violence advocacy 36 organizations, and domestic violence referral services shall be 37 treated as private dwelling places. Information about a client 38 or the location of a domestic violence center, a domestic 39 violence advocacy organization, or a domestic violence referral 40 service may be given bycenterstaff or volunteers of such a 41 center or organization to law enforcement, firefighting, 42 medical, or other personnel in the following circumstances: 43 (a) To medical personnel in a medical emergency. 44 (b) Upon a court order based upon an application by a law 45 enforcement officer for a criminal arrest warrant which alleges 46 that the individual sought to be arrested is located at the 47 domestic violence shelter, advocacy organization, or referral 48 service. 49 (c) Upon a search warrant that specifies the individual or 50 object of the search and alleges that the individual or object 51 is located at the shelter, advocacy organization, or referral 52 service. 53 (d) To firefighting personnel in a fire emergency. 54 (e) To any other person necessary to maintain the safety 55 and health standards in the domestic violence shelter, advocacy 56 organization, or referral service. 57 (f) Information solely about the location of the domestic 58 violence shelter, advocacy organization, or referral service may 59 be given to those with whom the agency has an established 60 business relationship. 61 (3) The restriction on the disclosure or use of the 62 information about domestic violence center, domestic violence 63 advocacy organization, or domestic violence referral service 64 clients does not apply to: 65 (a) Communications from domestic violence shelter, advocacy 66 organization, or referral service staff or volunteers to law 67 enforcement officers when the information is directly related to 68 a client’s commission of a crime or threat to commit a crime on 69 the premises of a domestic violence shelter, advocacy 70 organization, or referral service; or 71 (b) Reporting suspected abuse of a child or a vulnerable 72 adult as required by law. However, when cooperating with 73 protective investigation services staff, the domestic violence 74 shelter, advocacy organization, or referral service staff and 75 volunteers must protect the confidentiality of other clients at 76 the domestic violence center, advocacy organization, or referral 77 service. 78 Section 2. The amendments made by this act to s. 39.908, 79 Florida Statutes, are subject to the Open Government Sunset 80 Review Act in accordance with s. 119.15, Florida Statutes, and 81 shall stand repealed on October 2, 2020, unless reviewed and 82 saved from repeal through reenactment by the Legislature, and 83 the text of that section shall revert to that in existence 84 immediately before the effective date of the amendments made by 85 this act, except that any amendments to such text enacted other 86 than by this act shall be preserved and continue to operate to 87 the extent that such amendments are not dependent upon the 88 portions of text that are repealed pursuant to this section. 89 Section 3. The Legislature finds that it is a public 90 necessity that information received by the Department of 91 Children and Families or by authorized persons employed by or 92 volunteering services to a domestic violence advocacy 93 organization or a domestic violence referral service about 94 clients of a domestic violence advocacy organization or domestic 95 violence referral service, be made confidential and exempt from 96 s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the 97 State Constitution. Domestic violence advocacy organizations and 98 domestic violence referral services act to protect their 99 clients, who are victims of domestic violence, from those who 100 victimized them. If the individuals who victimized these clients 101 were able to learn client information, they might attempt to 102 contact their victims and continue their victimization. The 103 Legislature recognizes that protection is needed for victims of 104 domestic violence who are attempting to escape from domestic 105 violence and to prevent harm from assailants or probable 106 assailants who are attempting to find them. The Legislature’s 107 intent is that these victims receive that protection by making 108 the information referenced in this act confidential and exempt. 109 Section 4. This act shall take effect on the same date that 110 SB ____ or similar legislation relating to domestic violence 111 advocacy organizations and referral services takes effect, if 112 such legislation is adopted in the same legislative session or 113 an extension thereof and becomes a law.