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.
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26 Be It Enacted by the Legislature of the State of Florida:
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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13 in accordance with s. 119.15 and is repealed on October 2,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
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9 This committee substitute incorporates technical amendments
from the Committee on Judiciary.
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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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