Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 710
Barcode 255956
CHAMBER ACTION
Senate House
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11 The Committee on Governmental Oversight and Productivity
12 (Lawson) recommended the following amendment:
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14 Senate Amendment
15 On page 2, line 31, through page 4, line 22, delete
16 those lines
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18 and insert: necessity to expand the public records exemption
19 for certain information contained in a report to a sheriff or
20 state attorney made by a person who takes a minor in order to
21 escape domestic violence, avoid domestic violence, or preserve
22 the welfare of the minor. If the alleged perpetrator of
23 domestic violence were able to obtain the address and
24 telephone information contained in a report to the sheriff or
25 state attorney, he or she could locate or contact the person
26 who takes a minor and the minor, thus exposing them to
27 potential additional harm. Keeping the address and telephone
28 number of that person and the minor confidential and exempt
29 protects their safety. For the same reasons, the Legislature
30 finds that it is a public necessity to expand this public
31 records exemption to include the taking of an incompetent
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 710
Barcode 255956
1 person within the coverage of the exemption. The underlying
2 offense of interference with custody applies to the taking of
3 an incompetent person as well as to the taking of a person
4 younger than 18 years of age. In addition, the safety of an
5 incompetent person and the person seeking shelter with an
6 incompetent person is as vital as the safety of a minor and a
7 person seeking shelter with a minor. The underlying offense of
8 interference with custody envisions that an incompetent person
9 is as vulnerable as a minor. Therefore, the Legislature finds
10 that the public records exemption should apply to the address
11 and telephone number of the person who takes an incompetent
12 person and the incompetent person which are contained in a
13 report submitted to a sheriff or state attorney as prescribed
14 in the interference with custody statute. If persons seeking
15 shelter with minors or incompetent persons knew that their
16 addresses or telephone numbers could be obtained through the
17 reports to the sheriff or state attorney, they would fear for
18 their safety and would unlikely make the required reports,
19 thereby thwarting the public policy of encouraging the
20 resolution of allegations of interference with custody while
21 also protecting individuals from harm. The public records
22 exemption, therefore, principally protects the safety of
23 individuals, but also promotes the effective and efficient
24 administration of the interference with custody statute.
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