Senate Bill sb0726

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    Florida Senate - 2005                                   SB 726

    By the Committee on Judiciary





    590-671A-05

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act; amending s.

  4         787.03, F.S., relating to a public-records

  5         exemption provided for information submitted to

  6         the sheriff or state attorney for the purpose

  7         of obtaining immunity from prosecution for the

  8         offense of interference with custody; limiting

  9         the information covered by the public-records

10         exemption; saving the exemption from repeal

11         under the Open Government Sunset Review Act;

12         deleting provisions providing for the repeal of

13         the exemption; providing an effective date.

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15  Be It Enacted by the Legislature of the State of Florida:

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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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    Florida Senate - 2005                                   SB 726
    590-671A-05




 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  which 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. This paragraph is subject to the

22  Open Government Sunset Review Act of 1995 in accordance with

23  s. 119.15 and is repealed on October 2, 2005, unless reviewed

24  and saved from repeal through reenactment by the Legislature

25  before that date.

26         Section 2.  This act shall take effect October 1, 2005.

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    Florida Senate - 2005                                   SB 726
    590-671A-05




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 2                          SENATE SUMMARY

 3    Revises an exemption from the public records law provided
      for information submitted to the sheriff or state
 4    attorney for the purpose of obtaining immunity from
      prosecution for the offense of interference with custody.
 5    Removes the repeal of the exemption scheduled on October
      2, 2005, under the Open Government Sunset Review Act.
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CODING: Words stricken are deletions; words underlined are additions.