Senate Bill sb0710c1

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    Florida Senate - 2006                            CS for SB 710

    By the Committees on Governmental Oversight and Productivity;
    and Judiciary




    585-1986-06

  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; providing for

16         agencies to inspect and copy confidential and

17         exempt information in the transaction of

18         official business; providing for future

19         legislative review and repeal of the

20         public-records exemption under the Open

21         Government Sunset Review Act; deleting obsolete

22         provisions; providing a statement of public

23         necessity; providing a contingent effective

24         date.

25  

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

27  

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

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

30  amended to read:

31         787.03  Interference with custody.--

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    Florida Senate - 2006                            CS for SB 710
    585-1986-06




 1         (6)

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

 3  current address and telephone number of the person and the

 4  minor or incompetent person which are child that are contained

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

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

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

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

 9  defined in s. 119.011, to inspect and copy records made

10  confidential and exempt under this paragraph in the

11  furtherance of that agency's duties and responsibilities. This

12  paragraph is subject to the Open Government Sunset Review Act

13  in accordance with s. 119.15 and is repealed on October 2,

14  2011, unless reviewed and saved from repeal through

15  reenactment by the Legislature.

16         (7)(a)  This section is subject to the Open Government

17  Sunset Review Act of 1995 in accordance with s. 119.15 and is

18  repealed on October 2, 2006, unless reviewed and saved from

19  repeal through reenactment by the Legislature.

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

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

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

23  certified by June 1, 2005.

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

25  necessity to expand the public-records exemption for certain

26  information contained in a report to a sheriff or state

27  attorney made by a person who takes a minor in order to escape

28  domestic violence, avoid domestic violence, or preserve the

29  welfare of the minor. If the alleged perpetrator of domestic

30  violence were able to obtain the address and telephone

31  information contained in a report to the sheriff or state

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    Florida Senate - 2006                            CS for SB 710
    585-1986-06




 1  attorney, he or she could locate or contact the person who

 2  takes a minor and the minor, thus exposing them to potential

 3  additional harm. Keeping the address and telephone number of

 4  that person and the minor confidential and exempt protects

 5  their safety. For the same reasons, the Legislature finds that

 6  it is a public necessity to expand this public-records

 7  exemption to include the taking of an incompetent person

 8  within the coverage of the exemption. The underlying offense

 9  of interference with custody applies to the taking of an

10  incompetent person as well as to the taking of a person

11  younger than 18 years of age. In addition, the safety of an

12  incompetent person and the person seeking shelter with an

13  incompetent person is as vital as the safety of a minor and a

14  person seeking shelter with a minor. The underlying offense of

15  interference with custody envisions that an incompetent person

16  is as vulnerable as a minor. Therefore, the Legislature finds

17  that the public-records exemption should apply to the address

18  and telephone number of the person who takes an incompetent

19  person and the incompetent person which are contained in a

20  report submitted to a sheriff or state attorney as prescribed

21  in the interference-with-custody statute. If persons seeking

22  shelter with minors or incompetent persons knew that their

23  addresses or telephone numbers could be obtained through the

24  reports to the sheriff or state attorney, they would fear for

25  their safety and would unlikely make the required reports,

26  thereby thwarting the public policy of encouraging the

27  resolution of allegations of interference with custody while

28  also protecting individuals from harm. The public-records

29  exemption, therefore, principally protects the safety of

30  individuals, but also promotes the effective and efficient

31  administration of the interference-with-custody statute.

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    Florida Senate - 2006                            CS for SB 710
    585-1986-06




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

 2  if Senate Bill ___, or similar legislation amending section

 3  787.03, Florida Statutes, is adopted in the same legislative

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

 5  

 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                              SB 710

 8                                 

 9  This committee substitute incorporates technical amendments
    from the Committee on Judiciary.
10  
    The committee substitute also incorporates an amendment from
11  the Committee on Judiciary that eliminates a process for
    release of the exempt information upon a determination by the
12  sheriff or state attorney that the investigation is complete
    and the release of the information would not harm the person,
13  the minor, or the incompetent person.

14  The committee substitute also permits the sharing of
    confidential and exempt information in the furtherance of
15  another agency's duties.

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