Senate Bill 1248

    Florida Senate - 1998                                  SB 1248

    By Senator Burt





    16-1226-98                                         See HB 3053

  1                      A bill to be entitled

  2         An act relating to public records; providing

  3         exemptions from public records requirements for

  4         information identifying the person

  5         administering the lethal injection during

  6         execution of the death sentence; providing for

  7         future review and repeal; providing a finding

  8         of public necessity; amending s. 945.10, F.S.,

  9         relating to confidential information of the

10         Department of Corrections, to conform;

11         providing a contingent effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Information which, if released, would

16  identify the person administering the lethal injection

17  pursuant to section 922.10, Florida Statutes, is confidential

18  and exempt from section 119.07(1) and Section 24(a), Article I

19  of the State Constitution. This section is subject to the Open

20  Government Sunset Review Act of 1995 in accordance with

21  section 119.15, Florida Statutes, and shall stand repealed on

22  October 2, 2002, unless reviewed and saved from repeal through

23  reenactment by the Legislature.

24         Section 2.  Paragraph (g) of subsection (1) of section

25  945.10, Florida Statutes, is amended to read:

26         945.10  Confidential information.--

27         (1)  Except as otherwise provided by law or in this

28  section, the following records and information of the

29  Department of Corrections are confidential and exempt from the

30  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

31  Constitution:

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1248
    16-1226-98                                         See HB 3053




  1         (g)  The identity of an executioner, or a person

  2  administering a lethal injection pursuant to s. 922.10.

  3         Section 3.  The Legislature finds that the disclosure

  4  of information identifying a person administering a lethal

  5  injection for purposes of death sentence execution pursuant to

  6  section 922.10, Florida Statutes, would jeopardize the

  7  person's safety and welfare by exposing that person to

  8  potential harassment, intimidation, and harm and would

  9  constitute an unwarranted invasion into the person's privacy.

10  The release of this information would not benefit the public

11  or aid it in the effective operation of government or the

12  orderly imposition of capital punishment. Therefore, the

13  Legislature finds that it is a public necessity that this

14  information be kept confidential and exempt from disclosure

15  under public records law.

16         Section 4.  This act shall take effect on the same date

17  that House Bill 3033 or similar legislation providing for

18  execution of the death sentence by lethal injection takes

19  effect, if such legislation is adopted in the same legislative

20  session or an extension thereof.

21

22            *****************************************

23                       LEGISLATIVE SUMMARY

24
      Provides exemptions from public records requirements for
25    information identifying the person administering the
      lethal injection for purposes of death sentence
26    execution. Provides for future review and repeal.
      Provides a finding of public necessity.
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