HB 1699

1
A bill to be entitled
2An act relating to review under the Open Government Sunset
3Review Act; amending s. 787.03, F.S., which provides a
4public records exemption for information provided to a
5sheriff or state attorney in specified domestic violence
6cases in which a person seeks shelter from an act or
7possible act of domestic violence and takes with him or
8her any child 17 years of age or younger; extending the
9repeal date scheduled under the Open Government Sunset
10Review Act; narrowing the exemption; providing an
11effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Subsection (6) of section 787.03, Florida
16Statutes, is amended to read:
17     787.03  Interference with custody.--
18     (6)(a)  This section does not apply in cases where a spouse
19who is the victim of any act of domestic violence or who has
20reasonable cause to believe he or she is about to become the
21victim of any act of domestic violence, as defined in s. 741.28,
22or believes that his or her action was necessary to preserve the
23child or the incompetent person from danger to his or her welfare
24seeks shelter from such acts or possible acts and takes with him
25or 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
29the sheriff's office or state attorney's office for the county in
30which the child resided at the time he or she was taken, which
31report must include the name of the person taking the child, the
32current address and telephone number of the person and child, and
33the reasons the child was taken.
34     2.  Within a reasonable time after taking the child,
35commence a custody proceeding that is consistent with the federal
36Parental Kidnapping Prevention Act, 28 U.S.C. s. 1738A, or the
37Uniform Child Custody Jurisdiction and Enforcement Act, ss.
3861.501-61.542.
39     3.  Inform the sheriff's office or state attorney's office
40for the county in which the child resided at the time he or she
41was taken of any change of address or telephone number of the
42person and child.
43     (c)  The name of the person taking the child and the current
44address and telephone number of the person and child that are
45contained in the report made Information provided to a sheriff or
46state attorney under paragraph (b) are is confidential and exempt
47from 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
49Government Sunset Review Act of 1995 in accordance with s. 119.15
50and is repealed on October 2, 2006 2005, unless reviewed and
51saved from repeal through reenactment by the Legislature before
52that date.
53     (b)  Pursuant to s. 119.15, the Division of Statutory
54Revision is directed to certify this section, in its entirety, in
55the list of Open Government Sunset Review exemptions to be
56certified by June 1, 2005.
57     Section 2.  This act shall take effect upon becoming a law.


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