| 1 | A bill to be entitled |
| 2 | An act relating to a review under the Open Government |
| 3 | Sunset Review Act regarding the public records exemption |
| 4 | for the interference with custody statute; amending s. |
| 5 | 787.03, F.S.; expanding the public records exemption for |
| 6 | specified information contained in a report made to a |
| 7 | sheriff or state attorney as part of a statutory exception |
| 8 | to the offense of interference with custody; providing |
| 9 | that the address and telephone number of a minor or |
| 10 | incompetent person contained in such report is |
| 11 | confidential and exempt from public records requirements; |
| 12 | providing an exception to the exemption; providing for |
| 13 | review and repeal; providing a statement of public |
| 14 | necessity; providing a contingent effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Paragraph (c) of subsection (6) and subsection |
| 19 | (7) of section 787.03, Florida Statutes, are amended to read: |
| 20 | 787.03 Interference with custody.-- |
| 21 | (6) |
| 22 | (c)1. The name of the person taking the child and The |
| 23 | current address and telephone number of the person and the minor |
| 24 | or incompetent person which are child that are contained in the |
| 25 | report made to a sheriff or state attorney under paragraph (b) |
| 26 | are confidential and exempt from s. 119.07(1) and s. 24(a), Art. |
| 27 | I of the State Constitution. |
| 28 | 2. A sheriff or state attorney may allow an agency, as |
| 29 | defined in s. 119.011, to inspect and copy records made |
| 30 | confidential and exempt under this paragraph in the furtherance |
| 31 | of that agency's duties and responsibilities. |
| 32 | 3.(7)(a) This paragraph section is subject to the Open |
| 33 | Government Sunset Review Act of 1995 in accordance with s. |
| 34 | 119.15 and is repealed on October 2, 2011 2006, unless reviewed |
| 35 | and saved from repeal through reenactment by the Legislature. |
| 36 | (b) Pursuant to s. 119.15, the Division of Statutory |
| 37 | Revision is directed to certify this section, in its entirety, |
| 38 | in the list of Open Government Sunset Review exemptions to be |
| 39 | certified by June 1, 2005. |
| 40 | Section 2. The Legislature finds that it is a public |
| 41 | necessity to expand the public records exemption for certain |
| 42 | information contained in a report to a sheriff or state attorney |
| 43 | made by a person who takes a minor in order to escape domestic |
| 44 | violence, avoid domestic violence, or preserve the welfare of |
| 45 | the minor. If an alleged perpetrator of domestic violence were |
| 46 | able to obtain the address and telephone information contained |
| 47 | in a report to the sheriff or state attorney under s. 787.03, |
| 48 | Florida Statutes, he or she could locate or contact the minor |
| 49 | and the person who removes the minor from a situation of actual |
| 50 | or imminent domestic violence or jeopardized welfare, thus |
| 51 | exposing them to potential additional harm. Keeping the address |
| 52 | and telephone number of that person and the minor confidential |
| 53 | and exempt protects their safety. For the same reasons, the |
| 54 | Legislature finds that it is a public necessity to expand this |
| 55 | public records exemption to include the taking of an incompetent |
| 56 | person within the coverage of the exemption. The underlying |
| 57 | offense of interference with custody applies to the taking of an |
| 58 | incompetent person as well as to the taking of a person younger |
| 59 | than 18 years of age. In addition, the safety of an incompetent |
| 60 | person and the person seeking shelter with an incompetent person |
| 61 | is as vital as the safety of a minor and a person seeking |
| 62 | shelter with a minor. The underlying offense of interference |
| 63 | with custody envisions that an incompetent person is as |
| 64 | vulnerable as a minor. Therefore, the Legislature finds that the |
| 65 | public records exemption should apply to the address and |
| 66 | telephone number of the incompetent person and the person who |
| 67 | removes the incompetent person from a situation of actual or |
| 68 | imminent domestic violence or jeopardized welfare contained in a |
| 69 | report submitted to a sheriff or state attorney as prescribed in |
| 70 | s. 787.03, Florida Statutes. If persons seeking shelter with |
| 71 | minors or incompetent persons to escape domestic violence knew |
| 72 | that their addresses or telephone numbers could be obtained |
| 73 | through the reports to the sheriff or state attorney, they would |
| 74 | fear for their safety and would most likely refrain from making |
| 75 | the required reports, thereby thwarting the public policy of |
| 76 | encouraging the resolution of allegations of interference with |
| 77 | custody while also protecting individuals from harm. The public |
| 78 | records exemption, therefore, principally protects the safety of |
| 79 | individuals but also promotes the effective and efficient |
| 80 | administration of the interference with custody statute. |
| 81 | Section 3. This act shall take effect October 1, 2006, if |
| 82 | House Bill 7111 or similar legislation amending section 787.03, |
| 83 | Florida Statutes, is adopted in the same legislative session or |
| 84 | an extension thereof and becomes law. |