Florida Senate - 2005 SENATOR AMENDMENT
Bill No. SB 726
Barcode 130906
CHAMBER ACTION
Senate House
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11 Senator Webster moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Subsection (6) of section 787.03, Florida
18 Statutes, is amended to read:
19 787.03 Interference with custody.--
20 (6)(a) This section does not apply in cases where a
21 spouse who is the victim of any act of domestic violence or
22 who has reasonable cause to believe he or she is about to
23 become the victim of any act of domestic violence, as defined
24 in s. 741.28, or believes that his or her action was necessary
25 to preserve the child or the incompetent person from danger to
26 his or her welfare seeks shelter from such acts or possible
27 acts and takes with him or her any child 17 years of age or
28 younger.
29 (b) In order to gain the exemption conferred by
30 paragraph (a), a person who takes a child pursuant to this
31 subsection must:
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11:03 AM 04/27/05 s0726d-09-20j
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. SB 726
Barcode 130906
1 1. Within 10 days after taking the child, make a
2 report to the sheriff's office or state attorney's office for
3 the county in which the child resided at the time he or she
4 was taken, which report must include the name of the person
5 taking the child, the current address and telephone number of
6 the person and child, and the reasons the child was taken.
7 2. Within a reasonable time after taking the child,
8 commence a custody proceeding that is consistent with the
9 federal Parental Kidnapping Prevention Act, 28 U.S.C. s.
10 1738A, or the Uniform Child Custody Jurisdiction and
11 Enforcement Act, ss. 61.501-61.542.
12 3. Inform the sheriff's office or state attorney's
13 office for the county in which the child resided at the time
14 he or she was taken of any change of address or telephone
15 number of the person and child.
16 (c) The name of the person taking the child and the
17 current address and telephone number of the person and child
18 that are contained in the report made Information provided to
19 a sheriff or state attorney under paragraph (b) are is
20 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
21 of the State Constitution.
22 (7)(a) This section paragraph is subject to the Open
23 Government Sunset Review Act of 1995 in accordance with s.
24 119.15 and is repealed on October 2, 2006 2005, unless
25 reviewed and saved from repeal through reenactment by the
26 Legislature before that date.
27 (b) Pursuant to s. 119.15, the Division of Statutory
28 Revision is directed to certify this section, in its entirety,
29 in the list of Open Government Sunset Review exemptions to be
30 certified by June 1, 2005.
31 Section 2. This act shall take effect upon becoming a
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11:03 AM 04/27/05 s0726d-09-20j
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. SB 726
Barcode 130906
1 law.
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5 And the title is amended as follows:
6 Delete everything before the enacting clause
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8 and insert:
9 A bill to be entitled
10 An act relating to review under the Open
11 Government Sunset Review Act; amending s.
12 787.03, F.S., which provides a public records
13 exemption for information provided to a sheriff
14 or state attorney in specified domestic
15 violence cases in which a person seeks shelter
16 from an act or possible act of domestic
17 violence and takes with him or her any child 17
18 years of age or younger; extending the repeal
19 date scheduled under the Open Government Sunset
20 Review Act; narrowing the exemption; providing
21 an effective date.
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