HOUSE AMENDMENT

                                               Bill No. CS/HB 1037

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  The Committee on Law Enforcement & Crime Prevention offered

12  the following:

13

14         Amendment (with title amendment) 

15  Remove from the bill:  Everything after the enacting clause

16

17  and insert in lieu thereof:

18         Section 1.  Section 741.3165, Florida Statutes, is

19  created to read:

20         741.3165  Certain information exempt from disclosure.--

21         (1)  Any information or records otherwise confidential

22  or exempt from s. 119.07(1) and s. 24(a) of Art. I of the

23  State Constitution which is obtained by or provided to a

24  domestic violence fatality review team conducting activities

25  as described in s. 741.316 shall remain confidential or exempt

26  as otherwise provided by law. Any portion of the reports

27  produced by the domestic violence fatality review team which

28  contains any information that is otherwise confidential or

29  exempt from s. 119.07(1) and s. 24(a) of Art. I of the State

30  Constitution shall remain confidential or exempt as otherwise

31  provided by law. The proceedings and meetings of any domestic

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    File original & 9 copies    04/11/00
    hle0001                     11:08 am         01037-lecp-985571




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1037

    Amendment No. 01 (for drafter's use only)





 1  violence fatality review team regarding domestic violence

 2  fatalities and their prevention, during which the identity of

 3  the victim or of the children of the victim is discussed, are

 4  exempt from s. 286.011 and s. 24(b) of Art. I of the State

 5  Constitution.

 6         (2)  The exemptions in this section apply only to

 7  records held by a domestic violence fatality review team. The

 8  exemptions contained in this section are subject to the Open

 9  Government Sunset Review Act of 1995 in accordance with s.

10  119.15, and this section is repealed October 2, 2005, unless

11  reviewed and saved from repeal through reenactment by the

12  Legislature before that date.

13         Section 2.  The Legislature finds that it is a public

14  necessity that information that is confidential or exempt from

15  section 119.07(1), Florida Statutes, and Section 24(a) of

16  Article I of the State Constitution remain confidential or

17  exempt when in the custody of the domestic violence fatality

18  review teams, together with any portions of the reports of

19  such teams containing such information. The Legislature

20  further finds that it is a public necessity that proceedings

21  and meetings of the domestic violence fatality review teams

22  which relate to domestic violence fatalities, or domestic

23  violence incidents, and where specific persons or incidents

24  are discussed, be confidential and exempt from public meeting

25  requirements. Otherwise, sensitive personal information

26  concerning victims and victims' children and family members

27  would be disclosed and open communication and coordination

28  among parties involved in the domestic violence fatality

29  reviews would be hampered. Accordingly, the Legislature finds

30  that the harm that would result in the release of such

31  information substantially outweighs any minimal public benefit

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    File original & 9 copies    04/11/00
    hle0001                     11:08 am         01037-lecp-985571




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1037

    Amendment No. 01 (for drafter's use only)





 1  derived therefrom.

 2         Section 3.  This act shall take effect on the date

 3  House Bill 1039, relating to domestic violence, or similar

 4  legislation becomes law, and shall not take effect if such

 5  legislation does not become law.

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 7

 8  ================ T I T L E   A M E N D M E N T ===============

 9  And the title is amended as follows:

10         On page 1, lines 2 through 14

11  remove from the entire title of the bill:

12

13  and insert in lieu thereof:

14                  A bill to be entitled

15         An act relating to public records; creating s.

16         741.3165, F.S.; continuing confidentiality or

17         exemption from the public records law of

18         information obtained by a domestic violence

19         fatality review team; exempting certain

20         proceedings and meetings of domestic violence

21         fatality review teams from public meeting

22         requirements; providing that investigations,

23         proceedings, and records of a domestic violence

24         review team are not subject to discovery or

25         introduction as evidence; providing for future

26         legislative review and repeal; providing a

27         finding of public necessity; providing a

28         contingent effective date.

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    File original & 9 copies    04/11/00
    hle0001                     11:08 am         01037-lecp-985571