HB 1921

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act; amending s. 741.3165, F.S.; expanding
4	the exemption from public records requirements for
5	confidential or exempt information obtained by a domestic
6	violence fatality review team to include information that
7	identifies a victim of domestic violence or the children
8	of a victim; expanding the exemption from public meetings
9	requirements to exempt those portions of meetings at which
10	confidential or exempt information is discussed; providing
11	for review and repeal; providing a statement of public
12	necessity; removing unnecessary language; making
13	clarifying changes; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Section 741.3165, Florida Statutes, is amended
18	to read:
19	741.3165  Certain information exempt from disclosure.--
20	(1)(a)  Any information that is or records otherwise
21	confidential or exempt from s. 119.07(1) and s. 24(a), Art. I of
22	the State Constitution and that is which are obtained by or
23	provided to a domestic violence fatality review team conducting
24	activities as described in s. 741.316 shall retain its remain
25	confidential or exempt status when held by a domestic violence
26	fatality review team as otherwise provided by law. Any portion
27	of the reports produced by the domestic violence fatality review
28	team which contains any information that is otherwise
29	confidential or exempt from s. 119.07(1) and s. 24(a), Art. I of
30	the State Constitution shall remain confidential or exempt as
31	otherwise provided by law.
32	(b)  Any information contained in a record created by a
33	domestic violence fatality review team pursuant to s. 741.316
34	that reveals the identity of a victim of domestic violence or
35	the identity of the children of the victim is confidential and
36	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
37	Constitution.
38	(2)  Portions of The proceedings and meetings of any
39	domestic violence fatality review team regarding domestic
40	violence fatalities and their prevention, during which
41	confidential or exempt information, the identity of the victim,
42	or the identity of the children of the victim is discussed, are
43	exempt from s. 286.011 and s. 24(b), Art. I of the State
44	Constitution.
45	(3)(2)  This section is The exemptions in this section
46	apply only to records held by a domestic violence fatality
47	review team. The exemptions contained in this section are
48	subject to the Open Government Sunset Review Act of 1995 in
49	accordance with s. 119.15, and shall stand this section is
50	repealed on October 2, 2010 2005, unless reviewed and saved from
51	repeal through reenactment by the Legislature before that date.
52	Section 2.  The Legislature finds it is a public necessity
53	that information contained in a record created by a domestic
54	violence fatality review team that identifies a victim of
55	domestic violence or the children of the victim be made
56	confidential and exempt from public records requirements.
57	Domestic violence fatality review teams have been delegated the
58	responsibility to review incidents of domestic violence pursuant
59	to s. 741.316, Florida Statutes. The purpose of these review
60	teams is to learn how to prevent domestic violence by
61	intervening early, improving the response of an individual and
62	the system to domestic violence, and making policy and other
63	recommendations as to how incidents of domestic violence may be
64	prevented. In the course of collecting information on domestic
65	violence, the review teams may interview a survivor of domestic
66	violence or the children of the survivor. These individuals may
67	be unlikely to cooperate if they could be identified in records
68	held by a review team because identification could result in
69	potential threats and additional public embarrassment, as well
70	as the exposure of information of a personal, sensitive nature.
71	If these persons were reluctant to participate because they
72	could be identified, this would defeat the purpose of the review
73	teams and limit the collection of potentially valuable
74	information that could be used to make policy and other
75	recommendations that might reduce the frequency of domestic
76	violence in our society. The ability to interview the parties
77	involved in incidents of domestic violence without fear of the
78	statements of the parties being made public is essential to the
79	work of the review team and leads to a better understanding of
80	the factors contributing to such incidents and the development
81	of strategies to prevent further incidents. Protecting these
82	communications provides an environment in which to discuss
83	information in a free and open manner and allows the review
84	teams to develop the information needed to prevent further
85	deaths from domestic violence in local communities. The
86	Legislature finds that the harm to the public which would result
87	from the release of such information substantially outweighs any
88	minimal public benefit derived from the public disclosure of
89	such personal identifying information. The Legislature finds
90	that the release of such information would hinder the work of
91	the review team and persons and organizations having pertinent
92	information would be reluctant to share vital information with
93	the review team. Thus, it is a public necessity to make
94	confidential and exempt information contained in a record
95	created by a domestic violence fatality review team that would
96	identify a victim of domestic violence or the children of the
97	victim. The Legislature further finds that it is a public
98	necessity that portions of meetings of domestic violence
99	fatality review teams at which confidential or exempt
100	information is being discussed be made exempt from public
101	meetings requirements. In the course of collecting information
102	on domestic violence, the review teams obtain confidential or
103	exempt information from other agencies and this information is
104	discussed during meetings of the review teams. If the portions
105	of those meetings at which this confidential or exempt
106	information is discussed are not closed, confidential or exempt
107	information could be disclosed, which would defeat the purpose
108	of those exemptions. Therefore, the Legislature finds that it is
109	a public necessity to protect confidential or exempt information
110	during those portions of meetings of domestic violence fatality
111	review teams at which such information is discussed.
112	Section 2.  This act shall take effect October 1, 2005.

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