| 1 | A bill to be entitled |
| 2 | An act relating to review under the Open Government Sunset |
| 3 | Review Act; amending s. 787.03, F.S., which provides a |
| 4 | public records exemption for information provided to a |
| 5 | sheriff or state attorney in specified domestic violence |
| 6 | cases in which a person seeks shelter from an act or |
| 7 | possible act of domestic violence and takes with him or |
| 8 | her any child 17 years of age or younger; extending the |
| 9 | repeal date scheduled under the Open Government Sunset |
| 10 | Review Act; narrowing the exemption; providing an |
| 11 | effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Subsection (6) of section 787.03, Florida |
| 16 | Statutes, is amended to read: |
| 17 | 787.03 Interference with custody.-- |
| 18 | (6)(a) This section does not apply in cases where a spouse |
| 19 | who is the victim of any act of domestic violence or who has |
| 20 | reasonable cause to believe he or she is about to become the |
| 21 | victim of any act of domestic violence, as defined in s. 741.28, |
| 22 | or believes that his or her action was necessary to preserve the |
| 23 | child or the incompetent person from danger to his or her |
| 24 | welfare seeks shelter from such acts or possible acts and takes |
| 25 | with him or her any child 17 years of age or younger. |
| 26 | (b) In order to gain the exemption conferred by paragraph |
| 27 | (a), a person who takes a child pursuant to this subsection |
| 28 | must: |
| 29 | 1. Within 10 days after taking the child, make a report to |
| 30 | the sheriff's office or state attorney's office for the county |
| 31 | in which the child resided at the time he or she was taken, |
| 32 | which report must include the name of the person taking the |
| 33 | child, the current address and telephone number of the person |
| 34 | and child, and the reasons the child was taken. |
| 35 | 2. Within a reasonable time after taking the child, |
| 36 | commence a custody proceeding that is consistent with the |
| 37 | federal Parental Kidnapping Prevention Act, 28 U.S.C. s. 1738A, |
| 38 | or the Uniform Child Custody Jurisdiction and Enforcement Act, |
| 39 | ss. 61.501-61.542. |
| 40 | 3. Inform the sheriff's office or state attorney's office |
| 41 | for the county in which the child resided at the time he or she |
| 42 | was taken of any change of address or telephone number of the |
| 43 | person and child. |
| 44 | (c) The name of the person taking the child and the |
| 45 | current address and telephone number of the person and child |
| 46 | that are contained in the report made Information provided to a |
| 47 | sheriff or state attorney under paragraph (b) are is |
| 48 | confidential and exempt from s. 119.07(1) and s. 24(a), Art. I |
| 49 | of the State Constitution. (7)(a) This section paragraph is |
| 50 | subject to the Open Government Sunset Review Act of 1995 in |
| 51 | accordance with s. 119.15 and is repealed on October 2, 2006 |
| 52 | 2005, unless reviewed and saved from repeal through reenactment |
| 53 | by the Legislature before that date. |
| 54 | (b) Pursuant to s. 119.15, the Division of Statutory |
| 55 | Revision is directed to certify this section, in its entirety, |
| 56 | in the list of Open Government Sunset Review exemptions to be |
| 57 | certified by June 1, 2005. |
| 58 | Section 2. This act shall take effect upon becoming a law. |