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 welfare |
24 | seeks shelter from such acts or possible acts and takes with him |
25 | 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 must: |
28 | 1. Within 10 days after taking the child, make a report to |
29 | the sheriff's office or state attorney's office for the county in |
30 | which the child resided at the time he or she was taken, which |
31 | report must include the name of the person taking the child, the |
32 | current address and telephone number of the person and child, and |
33 | the reasons the child was taken. |
34 | 2. Within a reasonable time after taking the child, |
35 | commence a custody proceeding that is consistent with the federal |
36 | Parental Kidnapping Prevention Act, 28 U.S.C. s. 1738A, or the |
37 | Uniform Child Custody Jurisdiction and Enforcement Act, ss. |
38 | 61.501-61.542. |
39 | 3. Inform the sheriff's office or state attorney's office |
40 | for the county in which the child resided at the time he or she |
41 | was taken of any change of address or telephone number of the |
42 | person and child. |
43 | (c) The name of the person taking the child and the current |
44 | address and telephone number of the person and child that are |
45 | contained in the report made Information provided to a sheriff or |
46 | state attorney under paragraph (b) are is confidential and exempt |
47 | from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. |
48 | (7)(a) This section paragraph is subject to the Open |
49 | Government Sunset Review Act of 1995 in accordance with s. 119.15 |
50 | and is repealed on October 2, 2006 2005, unless reviewed and |
51 | saved from repeal through reenactment by the Legislature before |
52 | that date. |
53 | (b) Pursuant to s. 119.15, the Division of Statutory |
54 | Revision is directed to certify this section, in its entirety, in |
55 | the list of Open Government Sunset Review exemptions to be |
56 | certified by June 1, 2005. |
57 | Section 2. This act shall take effect upon becoming a law. |