Senate Bill sb0710

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    Florida Senate - 2006                                   SB 710

    By the Committee on Judiciary





    590-596C-06

  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.; revising the public-records

  5         exemption for certain information submitted to

  6         a sheriff or state attorney as part of a

  7         statutory exception to the offense of

  8         interference with custody; narrowing the

  9         public-records exemption to exclude the name of

10         the person who effects the taking; specifying

11         that the information covered by the

12         public-records exemption relates to the taking

13         of a minor; expanding the exemption to provide

14         confidentiality for information related to the

15         taking of an incompetent person; authorizing

16         disclosure of information under certain

17         conditions; providing for agencies to inspect

18         and copy confidential and exempt information in

19         the transaction of official business; providing

20         for future legislative review and repeal of the

21         public-records exemption under the Open

22         Government Sunset Review Act; deleting obsolete

23         provisions; providing a statement of public

24         necessity; providing a contingent effective

25         date.

26  

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

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29         Section 1.  Paragraph (c) of subsection (6) and

30  subsection (7) of section 787.03, Florida Statutes, are

31  amended to read:

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    Florida Senate - 2006                                   SB 710
    590-596C-06




 1         787.03  Interference with custody.--

 2         (6)

 3         (c)1.  The name of the person taking the child and The

 4  current address and telephone number of the person and the

 5  minor or incompetent person which are child that are contained

 6  in the report made to a sheriff or state attorney under

 7  paragraph (b) are confidential and exempt from s. 119.07(1)

 8  and s. 24(a), Art. I of the State Constitution until the

 9  sheriff or state attorney completes his or her investigation

10  and determines that releasing the information would not

11  jeopardize the safety of the person or the minor or

12  incompetent person.

13         2.  A sheriff or state attorney may allow an agency, as

14  defined in s. 119.011, to inspect and copy records or

15  information made confidential and exempt under this paragraph

16  exclusively for the purpose of the transaction of official

17  business by, or on behalf of, an agency. An agency that

18  receives the confidential and exempt information must maintain

19  the confidentiality of that information.

20  

21  This paragraph (7)(a)  This section is subject to the Open

22  Government Sunset Review Act of 1995 in accordance with s.

23  119.15 and is repealed on October 2, 2011 2006, unless

24  reviewed and saved from repeal through reenactment by the

25  Legislature.

26         (b)  Pursuant to s. 119.15, the Division of Statutory

27  Revision is directed to certify this section, in its entirety,

28  in the list of Open Government Sunset Review exemptions to be

29  certified by June 1, 2005.

30         Section 2.  The Legislature finds that it is a public

31  necessity to expand an existing public-records exemption under

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    Florida Senate - 2006                                   SB 710
    590-596C-06




 1  the interference-with-custody statute, s. 787.03, Florida

 2  Statutes, for certain information contained in a report to a

 3  sheriff or state attorney made by a person who takes a minor

 4  in order to escape domestic violence, avoid domestic violence,

 5  or preserve the welfare of the minor. The

 6  interference-with-custody statute does not apply if a person

 7  who takes a minor under these circumstances reports his or her

 8  and the minor's whereabouts to the sheriff or state attorney.

 9  The statutory exception and prescribed procedures balance the

10  state's interest in protecting individuals from harm and

11  protecting individuals' custody rights by encouraging those

12  seeking shelter from these acts to report their location and

13  contact information to proper authorities. If the alleged

14  perpetrator of domestic violence were able to obtain the

15  address and telephone information contained in a report to the

16  sheriff or state attorney, he or she could locate or contact

17  the person who takes a minor and the minor, thus exposing them

18  to potential additional harm. Keeping the address and

19  telephone number of that person and the minor exempt and

20  confidential protects their safety. For the same reasons, the

21  Legislature finds that it is a public necessity to expand this

22  public-records exemption to include the taking of an

23  incompetent person within the coverage of the exemption. The

24  underlying offense of interference with custody applies to the

25  taking of an incompetent person as well as to the taking of a

26  person younger than 18 years of age. In addition, the safety

27  of an incompetent person and the person seeking shelter with

28  an incompetent person is as vital as the safety of a minor and

29  a person seeking shelter with a minor. The underlying offense

30  of interference with custody envisions that an incompetent

31  person is as vulnerable as a minor. Therefore, the Legislature

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    Florida Senate - 2006                                   SB 710
    590-596C-06




 1  finds that the public-records exemption should apply to the

 2  address and telephone number of the person who takes an

 3  incompetent person and the incompetent person which are

 4  contained in a report submitted to a sheriff or state attorney

 5  as prescribed in the interference-with-custody statute.

 6  Including information concerning the taking of incompetent

 7  persons within the coverage of the public-records exemption is

 8  necessary to avoid jeopardizing the safety of incompetent

 9  persons and those who seek shelter with incompetent persons in

10  order to escape domestic violence or to preserve the welfare

11  of the incompetent persons. If persons seeking shelter with

12  minors or incompetent persons knew that their addresses or

13  telephone numbers could be obtained through the reports to the

14  sheriff or state attorney, they would fear for their safety

15  and be unlikely to make the reports, as provided under the

16  statute, thereby thwarting the public policy of encouraging

17  the resolution of allegations of interference with custody

18  while also protecting individuals from harm. The

19  public-records exemption, therefore, principally protects the

20  safety of individuals, but also promotes the effective and

21  efficient administration of the interference-with-custody

22  statute.

23         Section 3.  This act shall take effect October 1, 2006,

24  if Senate Bill ___, or similar legislation amending section

25  787.03, Florida Statutes, is adopted in the same legislative

26  session, or an extension thereof, and becomes law.

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    Florida Senate - 2006                                   SB 710
    590-596C-06




 1            *****************************************

 2                          SENATE SUMMARY

 3    Revises the exemption from public-records requirements
      provided for information reported to a sheriff or state
 4    attorney under the interference-with-custody statute.
      Eliminates an exemption provided for the name of the
 5    person who effects the taking. Includes within the
      exemption certain information that is reported pursuant
 6    to the taking of an incompetent person. Provides for
      future legislative review and repeal of the exemption
 7    under the Open Government Sunset Review Act.

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