Senate Bill 0004Ae1

    SB 4-A                                         First Engrossed



  1                      A bill to be entitled

  2         An act relating to public records exemptions;

  3         amending s. 922.106 and s. 945.10, F.S.;

  4         providing that information which, if released,

  5         would identify any person prescribing,

  6         preparing, compounding, dispensing, or

  7         administering a lethal injection pursuant to a

  8         death penalty sentence shall be exempt from

  9         public records requirements; providing a

10         legislative finding of public necessity;

11         providing an effective date.

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

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15         Section 1.  Section 922.106, Florida Statutes, is

16  amended to read:

17         922.106  Exemption from public records

18  requirements.--Information which, if released, would identify

19  any the person prescribing, preparing, compounding,

20  dispensing, or administering the lethal injection pursuant to

21  s. 922.105 is confidential and exempt from the provisions of

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

23  This section is subject to the Open Government Sunset Review

24  Act of 1995 in accordance with s. 119.15 and shall stand

25  repealed on October 2, 2003, unless reviewed and saved from

26  repeal through reenactment by the Legislature.

27         Section 2.  Paragraph (g) of subsection (1) of section

28  945.10, Florida Statutes, is amended to read:

29         945.10  Confidential information.--

30         (1)  Except as otherwise provided by law or in this

31  section, the following records and information of the


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






    SB 4-A                                         First Engrossed



  1  Department of Corrections are confidential and exempt from the

  2  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

  3  Constitution:

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

  5  prescribing, preparing, compounding, dispensing, or

  6  administering a lethal injection pursuant to s. 922.105.

  7         Section 3.  The Legislature finds that the disclosure

  8  of information identifying a person prescribing, preparing,

  9  compounding, dispensing, or administering a lethal injection

10  for purposes of death sentence execution would jeopardize the

11  person's safety and welfare by exposing that person to

12  potential harassment, intimidation, and harm and would

13  constitute an unwarranted invasion into the person's privacy.

14  Therefore, the Legislature finds that it is a public necessity

15  that this information be kept confidential and exempt from

16  disclosure under public records laws.

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

18  that Senate Bill 6-A or similar legislation providing for

19  execution of the death sentence by lethal injection takes

20  effect, if such legislation is adopted in the same legislative

21  session or an extension thereof.

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