1 | A bill to be entitled |
2 | An act relating to a review under the Open Government |
3 | Sunset Review Act; amending s. 741.3165, F.S., which |
4 | provides an exemption from public records requirements for |
5 | specified identifying information in records created by a |
6 | domestic violence fatality review team and an exemption |
7 | from public meetings requirements for specified meetings |
8 | of a domestic violence fatality review team; requiring a |
9 | recording of any portion of a closed meeting of a review |
10 | team; providing a public records exemption for the |
11 | recording of the closed meeting; providing for future |
12 | review and repeal of the exemption; providing a statement |
13 | of public necessity; providing an effective date. |
14 |
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15 | Be It Enacted by the Legislature of the State of Florida: |
16 |
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17 | Section 1. Section 741.3165, Florida Statutes, is amended |
18 | to read: |
19 | 741.3165 Certain information exempt from disclosure.- |
20 | (1)(a) Any information that is confidential or exempt from |
21 | s. 119.07(1) and s. 24(a), Art. I of the State Constitution and |
22 | that is obtained by a domestic violence fatality review team |
23 | conducting activities as described in s. 741.316 shall retain |
24 | its confidential or exempt status when held by a domestic |
25 | violence fatality review team. |
26 | (b) Any information contained in a record created by a |
27 | domestic violence fatality review team pursuant to s. 741.316 |
28 | that reveals the identity of a victim of domestic violence or |
29 | the identity of the children of the victim is confidential and |
30 | exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
31 | Constitution. |
32 | (2)(a) Portions of meetings of any domestic violence |
33 | fatality review team regarding domestic violence fatalities and |
34 | their prevention, during which confidential or exempt |
35 | information, the identity of the victim, or the identity of the |
36 | children of the victim is discussed, are exempt from s. 286.011 |
37 | and s. 24(b), Art. I of the State Constitution. The closed |
38 | portion of a meeting must be recorded and no portion of the |
39 | closed meeting may be off the record. The recording shall be |
40 | maintained by the domestic violence fatality review team. |
41 | (b) The recording of a closed portion of a meeting is |
42 | exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
43 | Constitution. |
44 | (3) This section is subject to the Open Government Sunset |
45 | Review Act in accordance with s. 119.15, and shall stand |
46 | repealed on October 2, 2015 2010, unless reviewed and saved from |
47 | repeal through reenactment by the Legislature. |
48 | Section 2. The Legislature finds that it is a public |
49 | necessity to make exempt from public records requirements |
50 | recordings of any portion of a closed meeting of a domestic |
51 | violence fatality review team. Release of such recordings would |
52 | compromise those discussions of the team members which took |
53 | place during a closed meeting, thus negating the public meetings |
54 | exemption. |
55 | Section 3. This act shall take effect October 1, 2010. |