House Bill 0685

    Florida House of Representatives - 1999                 HB 685

        By Representative Henriquez






  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         741.3165, F.S.; exempting specified information

  4         obtained or produced by a domestic fatality

  5         prevention task force and/or a domestic

  6         violence fatality review team from disclosure

  7         under the public records law; providing a

  8         finding of public necessity; providing for

  9         future review and repeal; providing an

10         effective date.

11

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

13

14         Section 1.  Section 741.3165, Florida Statutes, is

15  created to read:

16         741.3165  Certain information exempt from

17  disclosure.--The records obtained or produced by a domestic

18  violence fatality prevention task force and/or domestic

19  violence fatality review team conducting activities as

20  described in s. 741.316 are exempt from the provisions of s.

21  119.07(1) and s. 24(a), Art. I of the State Constitution, and

22  proceedings and meetings of any domestic violence fatality

23  prevention task force and/or domestic violence fatality review

24  team regarding domestic violence fatalities and their

25  prevention are exempt from the provisions of s. 286.011 and s.

26  24(b), Art. I of the State Constitution.  The Legislature

27  hereby declares that such records and proceedings should not

28  be open to public inspection because the participant needs to

29  disclose such information without fear of reprisal.  The

30  investigations, proceedings, and records of a domestic

31  violence fatality prevention and review task force and/or

                                  1

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






    Florida House of Representatives - 1999                 HB 685

    716-105-99






  1  domestic violence fatality review team conducting activities

  2  as described in s. 741.316 shall not be subject to discovery

  3  or introduction into evidence in any civil action or

  4  disciplinary proceeding by any department or employing agency

  5  arising out of matters which are the subject of evaluation and

  6  review by the domestic violence fatality prevention task force

  7  and/or domestic violence fatality review team, and no person

  8  who was in attendance at a meeting of such an organization

  9  shall be permitted or required to testify in any such civil

10  action or disciplinary proceeding as to any evidence or other

11  matters produced or presented during the proceedings of such

12  organization as to any findings, recommendations, evaluations,

13  opinions, or other actions of such organization or any members

14  thereof.  The exemptions in this section are applicable only

15  to records held by the authority.  The exemptions contained in

16  this section are subject to the Open Government Sunset Review

17  Act of 1995, in accordance with s. 119.15, and this section

18  shall stand repealed on October 2, 2004, unless reviewed and

19  saved from repeal through reenactment by the Legislature.

20         Section 2.  This act shall take effect upon becoming a

21  law.

22

23            *****************************************

24                          HOUSE SUMMARY

25
      Exempts described records obtained or produced by a
26    domestic violence fatality prevention task force and/or a
      domestic violence fatality review team from disclosure
27    under the public records law.  See bill for details.

28

29

30

31

                                  2