House Bill 1037

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    Florida House of Representatives - 2000                HB 1037

        By Representative Pruitt






  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 violence

  5         fatality prevention task force or a domestic

  6         violence fatality review team from disclosure

  7         under the public records law; providing that

  8         the proceedings and meetings of such

  9         organizations are exempt from public meeting

10         requirements; providing for future legislative

11         review and repeal; providing a finding of

12         public necessity; providing a contingent

13         effective date.

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

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17         Section 1.  Section 741.3165, Florida Statutes, is

18  created to read:

19         741.3165  Certain information exempt from disclosure.--

20         (1)  The records obtained or produced by a domestic

21  violence fatality prevention task force or a domestic violence

22  fatality review team conducting activities as described in s.

23  741.316 are exempt from s. 119.07(1) and s. 24(a), Art. I of

24  the State Constitution. The proceedings and meetings of any

25  domestic violence fatality prevention task force or a domestic

26  violence fatality review team regarding domestic violence

27  fatalities and their prevention are exempt from s. 286.011 and

28  s. 24(b), Art. I of the State Constitution.

29         (2)  The investigations, proceedings, and records of a

30  domestic violence fatality prevention task force or a domestic

31  violence fatality review team conducting activities as

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    Florida House of Representatives - 2000                HB 1037

    286-231-00






  1  described in s. 741.316 are not subject to discovery or

  2  introduction into evidence in any civil action or disciplinary

  3  proceeding by any department or employing agency arising out

  4  of matters that are the subject of evaluation and review by

  5  the domestic violence fatality prevention task force or the

  6  domestic violence fatality review team, and any person who was

  7  in attendance at a meeting of such an organization may not be

  8  permitted or required to testify in any civil action or

  9  disciplinary proceeding as to any evidence or other matters

10  produced or presented during the proceedings of the

11  organization as to any findings, recommendations, evaluations,

12  opinions, or other actions of the organization or any members

13  thereof.

14         (3)  The exemptions in this section are applicable only

15  to records held by a domestic violence fatality prevention

16  task force or a domestic violence fatality review team. The

17  exemptions contained in this section are subject to the Open

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

19  119.15, and this section is repealed on October 2, 2005,

20  unless reviewed and saved from repeal through reenactment by

21  the Legislature before that date.

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

23  necessity that records and proceedings of a domestic violence

24  fatality prevention task force or a domestic violence fatality

25  review team should not be open to public inspection because a

26  victim of domestic violence must be able to disclose

27  information without fear of reprisal. In addition, the

28  Legislature finds that it is a public necessity that meetings

29  of a domestic violence fatality prevention task force or a

30  domestic violence fatality review team be closed to the public

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    Florida House of Representatives - 2000                HB 1037

    286-231-00






  1  so that participants in such proceedings are not threatened

  2  with the fear of reprisal.

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

  4  House Bill     , relating to domestic violence, or similar

  5  legislation becomes a law, and shall not take effect if such

  6  legislation does not become a law.

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  9                       LEGISLATIVE SUMMARY

10    Exempts records obtained or produced by a domestic
      violence fatality prevention task force or a domestic
11    violence fatality review team from disclosure under the
      public records law. Exempts proceedings and meetings of
12    such organizations from public meeting requirements.
      Provides for future review and repeal.
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