Senate Bill sb0974c1
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Florida Senate - 2005 CS for SB 974
By the Committees on Governmental Oversight and Productivity;
and Children and Families
585-2020-05
1 A bill to be entitled
2 An act relating to a review under the Open
3 Government Sunset Review Act; amending s.
4 741.3165, F.S.; expanding the exemption from
5 public-records requirements for confidential or
6 exempt information obtained by a domestic
7 violence fatality review team to include
8 information that identifies a victim of
9 domestic violence or the children of a victim;
10 expanding the exemption from public-meetings
11 requirements to exempt those portions of
12 meetings at which confidential or exempt
13 information is discussed; providing for review
14 and repeal; providing a statement of public
15 necessity; removing unnecessary provisions;
16 making clarifying changes; providing an
17 effective date.
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19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Section 741.3165, Florida Statutes, is
22 amended to read:
23 741.3165 Certain information exempt from disclosure.--
24 (1)(a) Any information that is or records otherwise
25 confidential or exempt from s. 119.07(1) and s. 24(a), Art. I
26 of the State Constitution and that is which are obtained by or
27 provided to a domestic violence fatality review team
28 conducting activities as described in s. 741.316 shall retain
29 its remain confidential or exempt status when held by a
30 domestic violence fatality review team as otherwise provided
31 by law. Any portion of the reports produced by the domestic
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1 violence fatality review team which contains any information
2 that is otherwise confidential or exempt from s. 119.07(1) and
3 s. 24(a), Art. I of the State Constitution shall remain
4 confidential or exempt as otherwise provided by law.
5 (b) Any information contained in a record created by a
6 domestic violence fatality review team pursuant to s. 741.316
7 that reveals the identity of a victim of domestic violence or
8 the identity of the children of the victim is confidential and
9 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
10 Constitution.
11 (2) Portions of The proceedings and meetings of any
12 domestic violence fatality review team regarding domestic
13 violence fatalities and their prevention, during which
14 confidential or exempt information, the identity of the
15 victim, or the identity of the children of the victim is
16 discussed, are exempt from s. 286.011 and s. 24(b), Art. I of
17 the State Constitution.
18 (3)(2) This section is The exemptions in this section
19 apply only to records held by a domestic violence fatality
20 review team. The exemptions contained in this section are
21 subject to the Open Government Sunset Review Act of 1995 in
22 accordance with s. 119.15, and shall stand this section is
23 repealed on October 2, 2010 2005, unless reviewed and saved
24 from repeal through reenactment by the Legislature before that
25 date.
26 Section 2. The Legislature finds it is a public
27 necessity that information contained in a record created by a
28 domestic violence fatality review team which identifies a
29 victim of domestic violence or the children of the victim be
30 made confidential and exempt from public-records requirements.
31 Domestic violence fatality review teams have been delegated
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Florida Senate - 2005 CS for SB 974
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1 the responsibility to review incidents of domestic violence
2 pursuant to section 741.316, Florida Statutes. The purpose of
3 these review teams is to learn how to prevent domestic
4 violence by intervening early, improving the response of an
5 individual and the system to domestic violence, and making
6 policy and other recommendations as to how incidents of
7 domestic violence may be prevented. In the course of
8 collecting information on domestic violence, the review teams
9 may interview a survivor of domestic violence or the children
10 of the survivor. These individuals may be unlikely to
11 cooperate if they could be identified in records held by a
12 review team because identification could result in potential
13 threats and additional public embarrassment, as well as the
14 exposure of information of a personal, sensitive nature. If
15 these persons were reluctant to participate because they could
16 be identified, this would defeat the purpose of the review
17 teams and limit the collection of potentially valuable
18 information that could be used to make policy and other
19 recommendations that might reduce the frequency of domestic
20 violence in our society. The ability to interview the parties
21 involved in incidents of domestic violence without fear of the
22 statements of the parties being made public is essential to
23 the work of the review team and leads to a better
24 understanding of the factors contributing to such incidents
25 and the development of strategies to prevent further
26 incidents. Protecting these communications provides an
27 environment in which to discuss information in a free and open
28 manner and allows the review teams to develop the information
29 needed to prevent further deaths from domestic violence in
30 local communities. The Legislature finds that the harm to the
31 public which would result from the release of such information
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1 substantially outweighs any minimal public benefit derived
2 from the public disclosure of such personal identifying
3 information. The Legislature finds that the release of such
4 information would hinder the work of the review team and
5 persons and organizations having pertinent information would
6 be reluctant to share vital information with the review team.
7 Thus, it is a public necessity to make confidential and exempt
8 information contained in a record created by a domestic
9 violence fatality review team which would identify a victim of
10 domestic violence or the children of the victim. The
11 Legislature further finds that it is a public necessity that
12 portions of meetings of domestic violence fatality review
13 teams at which confidential or exempt information is being
14 discussed be made exempt from public-meetings requirements. In
15 the course of collecting information on domestic violence, the
16 review teams obtain confidential or exempt information from
17 other agencies and this information is discussed during
18 meetings of the review teams. If the portions of those
19 meetings at which this confidential or exempt information is
20 discussed are not closed, confidential or exempt information
21 could be disclosed, which would defeat the purpose of those
22 exemptions. Therefore, the Legislature finds that it is a
23 public necessity to protect confidential or exempt information
24 during those portions of meetings of domestic violence
25 fatality review teams at which such information is discussed.
26 Section 3. This act shall take effect October 1, 2005.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 974
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4 Expands the public records exemption to protect the identity
of the victim or the child of the victim in the reports of a
5 domestic violence fatality review team.
6 Expands the meetings exemption to close those portions of
meetings where confidential or exemption information is
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8 Provides a statement of public necessity.
9 Provides for future review and repeal.
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