Senate Bill sb1028
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Florida Senate - 2003 SB 1028
By the Committee on Criminal Justice
307-492-03
1 A bill to be entitled
2 An act relating to the public-records exemption
3 for information identifying the executioner and
4 certain other persons involved in an execution;
5 amending s. 922.10, F.S.; removing the
6 public-records exemption for information
7 identifying an executioner; repealing s.
8 922.106, F.S., relating to the exemption
9 provided for information identifying a person
10 prescribing, preparing, compounding,
11 dispensing, or administering the lethal
12 injection; amending s. 945.10, F.S.; providing
13 that information held by the Department of
14 Corrections which identifies an executioner and
15 certain other persons is exempt from disclosure
16 under public-records requirements; providing an
17 effective date.
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19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Section 922.10, Florida Statutes, is
22 amended to read:
23 922.10 Execution of death sentence; executioner.--A
24 death sentence shall be executed by electrocution or lethal
25 injection in accordance with s. 922.105. The warden of the
26 state prison shall designate the executioner. Information
27 which, if released, would identify the executioner is
28 confidential and exempt from the provisions of s. 119.07(1)
29 and s. 24(a), Art. I of the State Constitution. The warrant
30 authorizing the execution shall be read to the convicted
31 person immediately before execution.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 1028
307-492-03
1 Section 2. Section 922.106, Florida Statutes, is
2 repealed.
3 Section 3. Subsection (1) of section 945.10, Florida
4 Statutes, is amended to read:
5 945.10 Confidential information.--
6 (1) Except as otherwise provided by law or in this
7 section, the following records and information held by of the
8 Department of Corrections are confidential and exempt from the
9 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
10 Constitution:
11 (a) Mental health, medical, or substance abuse records
12 of an inmate or an offender.
13 (b) Preplea, pretrial intervention, and presentence or
14 postsentence investigative records, except as provided in s.
15 960.001(1)(g).
16 (c) Information regarding a person in the federal
17 witness protection program.
18 (d) Parole Commission records which are confidential
19 or exempt from public disclosure by law.
20 (e) Information which if released would jeopardize a
21 person's safety.
22 (f) Information concerning a victim's statement and
23 identity.
24 (g) Information that identifies The identity of an
25 executioner, or any a person prescribing, preparing,
26 compounding, dispensing, or administering a lethal injection.
27 (h) Records that are otherwise confidential or exempt
28 from public disclosure by law.
29 Section 4. This act shall take effect upon becoming a
30 law.
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Florida Senate - 2003 SB 1028
307-492-03
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2 SENATE SUMMARY
3 Clarifies provisions exempting the executioner and
certain other persons involved in an execution from
4 public disclosure under public-records requirements.
Provides that information held by the Department of
5 Corrections which identifies an executioner or any person
prescribing, preparing, compounding, dispensing, or
6 administering the lethal injection is confidential and
exempt from public disclosure.
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