Senate Bill 1126c1

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    Florida Senate - 2000                           CS for SB 1126

    By the Committee on Children and Families; and Senator Myers





    300-1914A-00

  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         741.3165, F.S.; continuing confidentiality or

  4         exemption from the public records law of

  5         information obtained by a domestic violence

  6         fatality review team; exempting certain

  7         proceedings and meetings of domestic violence

  8         fatality review teams from public meeting

  9         requirements; providing that investigations,

10         proceedings, and records of a domestic violence

11         review team are not subject to discovery or

12         introduction as evidence; providing for future

13         legislative review and repeal; providing a

14         finding of public necessity; providing a

15         contingent effective date.

16

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

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19         Section 1.  Section 741.3165, Florida Statutes, is

20  created to read:

21         741.3165  Certain information exempt from disclosure.--

22         (1)  Any information or records otherwise confidential

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

24  State Constitution which is obtained by or provided to a

25  domestic violence fatality review team conducting activities

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

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

28  produced by the domestic violence fatality review team which

29  contains any information that is otherwise confidential or

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

31  Constitution shall remain confidential or exempt as otherwise

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    Florida Senate - 2000                           CS for SB 1126
    300-1914A-00




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

  2  violence fatality review team regarding domestic violence

  3  fatalities and their prevention, during which the identity of

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

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

  6  Constitution.

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

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

  9  exemptions contained in this section are subject to the Open

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

11  119.15, and this section is repealed October 2, 2005, unless

12  reviewed and saved from repeal through reenactment by the

13  Legislature before that date.

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

15  necessity that information that is confidential or exempt from

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

17  Article I of the State Constitution remain confidential or

18  exempt when in the custody of the domestic violence fatality

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

20  such teams containing such information. The Legislature

21  further finds that it is a public necessity that proceedings

22  and meetings of the domestic violence fatality review teams

23  which relate to domestic violence fatalities, or domestic

24  violence incidents, and where specific persons or incidents

25  are discussed, be confidential and exempt from public meeting

26  requirements. Otherwise, sensitive personal information

27  concerning victims and victims' children and family members

28  would be disclosed and open communication and coordination

29  among parties involved in the domestic violence fatality

30  reviews would be hampered. Accordingly, the Legislature finds

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

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    Florida Senate - 2000                           CS for SB 1126
    300-1914A-00




  1  information substantially outweighs any minimal public benefit

  2  derived therefrom.

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

  4  Senate Bill 1124, relating to domestic violence, or similar

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

  6  legislation does not become law.

  7

  8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  9                         Senate Bill 1126

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    -     Removes the state level domestic violence fatality
12        prevention task force.

13  -     Modifies the exemption from disclosure of certain
          information to apply to information obtained by the
14        domestic violence fatality review teams that is
          currently confidential or exempt from public disclosure
15        instead of applying to any records obtained or produced
          by the teams.
16
    -     Modifies the exemption from open meetings and
17        proceedings to apply to when the identity of the victim
          or the children of the victim is discussed instead of
18        applying to meetings and proceedings relating to
          domestic violence fatalities.
19
    -     Removes the stipulation that the investigations,
20        proceedings, and records of a domestic violence fatality
          review team are not subject to discovery or introduction
21        into evidence under certain circumstances.

22  -     Modifies the statement of public necessity to delineate
          more specifically the circumstances which require the
23        exemption from open meetings and records disclosure.

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