House Bill 3053c1

    Florida House of Representatives - 1998             CS/HB 3053

        By the Committee on Crime & Punishment and Representatives
    Stafford, Heyman and Sanderson





  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 s. 922.105, Florida Statutes, is confidential and

18  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

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

20  Open Government Sunset Review Act of 1995 in accordance with

21  s. 119.15, Florida Statutes, and shall stand repealed on

22  October 2, 2003, 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 House of Representatives - 1998             CS/HB 3053

    189-831-98






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

  2  administering a lethal injection pursuant to s. 922.105.

  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  s. 922.105, Florida Statutes, would jeopardize the person's

  7  safety and welfare by exposing that person to potential

  8  harassment, intimidation, and harm and would constitute an

  9  unwarranted invasion into the person's privacy. The release of

10  this information would not benefit the public or aid it in the

11  effective operation of government or the orderly imposition of

12  capital punishment. Therefore, the Legislature finds that it

13  is a public necessity that this information be kept

14  confidential and exempt from disclosure under public records

15  law.

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

17  that House Bill      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                          HOUSE 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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