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A bill to be entitled

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An act relating to the confidentiality of a petition for

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an injunction for protection against domestic violence;

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amending s. 741.30, F.S.; providing an exemption from

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public-records requirements for a petition for an

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injunction for protection against domestic violence until

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the petition is personally served on the respondent;

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providing for future legislative review and repeal of the

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exemption under the Open Government Sunset Review Act;

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providing a statement of public necessity; providing an

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effective date.

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

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     Section 1.  Subsection (4) of section 741.30, Florida

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Statutes, is amended to read:

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     741.30  Domestic violence; injunction; powers and duties of

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court and clerk; petition; notice and hearing; temporary

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injunction; issuance of injunction; statewide verification

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system; enforcement.--

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     (4)(a) Upon the filing of the petition, the court shall set

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a hearing to be held at the earliest possible time. The

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respondent shall be personally served with a copy of the

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petition, financial affidavit, Uniform Child Custody Jurisdiction

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and Enforcement Act affidavit, if any, notice of hearing, and

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temporary injunction, if any, prior to the hearing.

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     (b) All information contained in a petition for an

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injunction for protection against domestic violence is

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confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of

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the State Constitution until the respondent has been personally

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served with a copy of the petition for an injunction for

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protection against domestic violence.

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     (c) Paragraph (b) is subject to the Open Government Sunset

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Review Act in accordance with s. 119.15, and shall stand repealed

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on October 2, 2013, unless reviewed and saved from repeal through

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reenactment by the Legislature.

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     Section 2. The Legislature finds that it is a public

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necessity that all information contained in a petition for an

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injunction for protection against domestic violence be made

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confidential and exempt from disclosure. Release of the

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information in the petition before the respondent has been

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personally served with a copy of the petition could significantly

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threaten the physical safety and security of persons seeking

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protection through judicial proceedings. Therefore, the harm that

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would result from the release of the information outweighs any

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public benefit that might result from disclosure of the

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information.

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     Section 3.  This act shall take effect July 1, 2008.