House Bill hb0399er

    ENROLLED

    2001 Legislature                                        HB 399



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  2         An act relating to a public records exemption

  3         for certain information relating to emergency

  4         telephone number "911"; amending s. 365.171,

  5         F.S., which provides an exemption from public

  6         records requirements for information that

  7         reveals the name, address, telephone number, or

  8         personal information about, or other

  9         information that would identify, a person

10         requesting emergency service or reporting an

11         emergency; reenacting such exemption and

12         removing the October 2, 2001, repeal thereof

13         scheduled under the Open Government Sunset

14         Review Act of 1995; correcting a reference;

15         providing an effective date.

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

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19         Section 1.  Notwithstanding the October 2, 2001, repeal

20  of said subsection scheduled pursuant to the Open Government

21  Sunset Review Act of 1995, subsection (15) of section 365.171,

22  Florida Statutes, is reenacted and amended to read:

23         365.171  Emergency telephone number "911."--

24         (15)  CONFIDENTIALITY OF RECORDS.--Any record,

25  recording, or information, or portions thereof, obtained by a

26  public agency or a public safety agency for the purpose of

27  providing services in an emergency and which reveals the name,

28  address, telephone number, or personal information about, or

29  information which may identify any person requesting emergency

30  service or reporting an emergency by accessing an emergency

31  telephone number "911" system is confidential and exempt from


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




    ENROLLED

    2001 Legislature                                        HB 399



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

  2  State Constitution, except that such record or information may

  3  be disclosed to a public safety agency. The exemption applies

  4  only to the name, address, telephone number or personal

  5  information about, or information which may identify any

  6  person requesting emergency services or reporting an emergency

  7  while such information is in the custody of the public agency

  8  or public safety agency providing emergency services. A

  9  telephone company or commercial mobile radio service provider

10  shall not be liable for damages to any person resulting from

11  or in connection with such telephone company's or commercial

12  mobile radio service provider's provision of any lawful

13  assistance to any investigative or law enforcement officer of

14  the State of Florida or political subdivisions thereof, of the

15  United States, or of any other state or political subdivision

16  thereof, in connection with any lawful investigation or other

17  law enforcement activity by such law enforcement officer

18  unless the telephone company or commercial mobile radio

19  service provider acted in a wanton and willful manner. The

20  exemptions in this section are subject to the Open Government

21  Sunset Review Act of 1995 in accordance with s. 119.15 and

22  shall stand repealed on October 2, 2001, unless reviewed and

23  saved from repeal through reenactment by the Legislature.

24         Section 2.  This act shall take effect October 1, 2001.

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