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The Florida Senate

2013 Florida Statutes

Confidentiality of information received by department or domestic violence center.
F.S. 39.908
39.908 Confidentiality of information received by department or domestic violence center.
(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.
(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.
History.s. 6, ch. 78-281; s. 5, ch. 79-402; s. 7, ch. 84-343; s. 22, ch. 91-71; s. 33, ch. 94-134; s. 33, ch. 94-135; s. 277, ch. 96-406; s. 119, ch. 98-403.
Note.Former s. 409.606; s. 415.608.