CODING: Words stricken are deletions; words underlined are additions.Senate Bill 0198
Florida Senate - 1998 SB 198
By Senator Klein
28-300-98 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21 section 119.15, Florida Statutes, and shall stand repealed on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 198
28-300-98 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
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23 LEGISLATIVE SUMMARY
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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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