Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1390
       
       
       
       
       
       
                                Barcode 890424                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/16/2012           .                                
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       The Committee on Governmental Oversight and Accountability
       (Siplin) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (c) of subsection (8) of section
    6  741.30, Florida Statutes, is amended to read:
    7         741.30 Domestic violence; injunction; powers and duties of
    8  court and clerk; petition; notice and hearing; temporary
    9  injunction; issuance of injunction; statewide verification
   10  system; enforcement; public records exemption.—
   11         (8)
   12         (c)1. Within 24 hours after the court issues an injunction
   13  for protection against domestic violence or changes, continues,
   14  extends, or vacates an injunction for protection against
   15  domestic violence, the clerk of the court must forward a
   16  certified copy of the injunction for service to the sheriff with
   17  jurisdiction over the residence of the petitioner. The
   18  injunction must be served in accordance with this subsection.
   19         2. Within 24 hours after service of process of an
   20  injunction for protection against domestic violence upon a
   21  respondent, the law enforcement officer must forward the written
   22  proof of service of process to the sheriff with jurisdiction
   23  over the residence of the petitioner.
   24         3. Within 24 hours after the sheriff receives a certified
   25  copy of the injunction for protection against domestic violence,
   26  the sheriff must make information relating to the injunction
   27  available to other law enforcement agencies by electronically
   28  transmitting such information to the department.
   29         4. Within 24 hours after the sheriff or other law
   30  enforcement officer has made service upon the respondent and the
   31  sheriff has been so notified, the sheriff must make information
   32  relating to the service available to other law enforcement
   33  agencies by electronically transmitting such information to the
   34  department.
   35         5.a. Subject to available funding, the Florida Association
   36  of Court Clerks and Comptrollers shall develop an automated
   37  process by which a petitioner may request notification of
   38  service of the injunction for protection against domestic
   39  violence and other court actions related to the injunction for
   40  protection. The automated notice shall be made within 12 hours
   41  after the sheriff or other law enforcement officer serves the
   42  injunction upon the respondent. The notification must include,
   43  at a minimum, the date, time, and location where the injunction
   44  for protection against domestic violence was served. When a
   45  petitioner makes a request for notification, the clerk must
   46  apprise the petitioner of her or his right to request in writing
   47  that the information specified in sub-subparagraph b. be held
   48  exempt from public records requirements for 5 years. The Florida
   49  Association of Court Clerks and Comptrollers may apply for any
   50  available grants to fund the development of the automated
   51  process.
   52         b. Upon implementation of the automated process,
   53  information held by clerks and law enforcement agencies in
   54  conjunction with the automated process developed under sub
   55  subparagraph a. which reveals the home or employment telephone
   56  number, cellular telephone number, home or employment address,
   57  electronic mail address, or other electronic means of
   58  identification of a petitioner requesting notification of
   59  service of an injunction for protection against domestic
   60  violence and other court actions related to the injunction for
   61  protection is exempt from s. 119.07(1) and s. 24(a), Art. I of
   62  the State Constitution, upon written request by the petitioner.
   63  Such information shall cease to be exempt 5 years after the
   64  receipt of the written request. Any state or federal agency that
   65  is authorized to have access to such documents by any provision
   66  of law shall be granted such access in the furtherance of such
   67  agency’s statutory duties, notwithstanding this sub
   68  subparagraph. This sub-subparagraph is subject to the Open
   69  Government Sunset Review Act in accordance with s. 119.15 and
   70  shall stand repealed on October 2, 2017, unless reviewed and
   71  saved from repeal through reenactment by the Legislature.
   72         6. Within 24 hours after an injunction for protection
   73  against domestic violence is vacated, terminated, or otherwise
   74  rendered no longer effective by ruling of the court, the clerk
   75  of the court must notify the sheriff receiving original
   76  notification of the injunction as provided in subparagraph 2.
   77  That agency shall, within 24 hours after receiving such
   78  notification from the clerk of the court, notify the department
   79  of such action of the court.
   80         Section 2. Paragraph (c) of subsection (8) of section
   81  784.046, Florida Statutes, is amended to read:
   82         784.046 Action by victim of repeat violence, sexual
   83  violence, or dating violence for protective injunction; dating
   84  violence investigations, notice to victims, and reporting;
   85  pretrial release violations; public records exemption.—
   86         (8)
   87         (c)1. Within 24 hours after the court issues an injunction
   88  for protection against repeat violence, sexual violence, or
   89  dating violence or changes or vacates an injunction for
   90  protection against repeat violence, sexual violence, or dating
   91  violence, the clerk of the court must forward a copy of the
   92  injunction to the sheriff with jurisdiction over the residence
   93  of the petitioner.
   94         2. Within 24 hours after service of process of an
   95  injunction for protection against repeat violence, sexual
   96  violence, or dating violence upon a respondent, the law
   97  enforcement officer must forward the written proof of service of
   98  process to the sheriff with jurisdiction over the residence of
   99  the petitioner.
  100         3. Within 24 hours after the sheriff receives a certified
  101  copy of the injunction for protection against repeat violence,
  102  sexual violence, or dating violence, the sheriff must make
  103  information relating to the injunction available to other law
  104  enforcement agencies by electronically transmitting such
  105  information to the department.
  106         4. Within 24 hours after the sheriff or other law
  107  enforcement officer has made service upon the respondent and the
  108  sheriff has been so notified, the sheriff must make information
  109  relating to the service available to other law enforcement
  110  agencies by electronically transmitting such information to the
  111  department.
  112         5.a. Subject to available funding, the Florida Association
  113  of Court Clerks and Comptrollers shall develop an automated
  114  process by which a petitioner may request notification of
  115  service of the injunction for protection against repeat
  116  violence, sexual violence, or dating violence and other court
  117  actions related to the injunction for protection. The automated
  118  notice shall be made within 12 hours after the sheriff or other
  119  law enforcement officer serves the injunction upon the
  120  respondent. The notification must include, at a minimum, the
  121  date, time, and location where the injunction for protection
  122  against repeat violence, sexual violence, or dating violence was
  123  served. When a petitioner makes a request for notification, the
  124  clerk must apprise the petitioner of her or his right to request
  125  in writing that the information specified in sub-subparagraph b.
  126  be held exempt from public records requirements for 5 years. The
  127  Florida Association of Court Clerks and Comptrollers may apply
  128  for any available grants to fund the development of the
  129  automated process.
  130         b. Upon implementation of the automated process,
  131  information held by clerks and law enforcement agencies in
  132  conjunction with the automated process developed under sub
  133  subparagraph a. which reveals the home or employment telephone
  134  number, cellular telephone number, home or employment address,
  135  electronic mail address, or other electronic means of
  136  identification of a petitioner requesting notification of
  137  service of an injunction for protection against repeat violence,
  138  sexual violence, or dating violence and other court actions
  139  related to the injunction for protection is exempt from s.
  140  119.07(1) and s. 24(a), Art. I of the State Constitution, upon
  141  written request by the petitioner. Such information shall cease
  142  to be exempt 5 years after the receipt of the written request.
  143  Any state or federal agency that is authorized to have access to
  144  such documents by any provision of law shall be granted such
  145  access in the furtherance of such agency’s statutory duties,
  146  notwithstanding this sub-subparagraph. This sub-subparagraph is
  147  subject to the Open Government Sunset Review Act in accordance
  148  with s. 119.15 and shall stand repealed on October 2, 2017,
  149  unless reviewed and saved from repeal through reenactment by the
  150  Legislature.
  151         6. Within 24 hours after an injunction for protection
  152  against repeat violence, sexual violence, or dating violence is
  153  lifted, terminated, or otherwise rendered no longer effective by
  154  ruling of the court, the clerk of the court must notify the
  155  sheriff or local law enforcement agency receiving original
  156  notification of the injunction as provided in subparagraph 2.
  157  That agency shall, within 24 hours after receiving such
  158  notification from the clerk of the court, notify the department
  159  of such action of the court.
  160         Section 3. It is the finding of the Legislature that it is
  161  a public necessity that personal identifying and location
  162  information of victims of domestic violence, repeat violence,
  163  sexual violence, and dating violence held by the clerks and law
  164  enforcement agencies in conjunction with the automated process
  165  developed by the Florida Association of Court Clerks and
  166  Comptrollers under ss. 741.30 and 784.046, Florida Statutes, by
  167  which a petitioner may request notification of service of an
  168  injunction for protection against domestic violence, repeat
  169  violence, sexual violence, or dating violence and other court
  170  actions related to the injunction for protection be held exempt
  171  from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
  172  the State Constitution upon written request by the petitioner.
  173  Such information, if publicly available, could expose the
  174  victims of domestic violence, repeat violence, sexual violence,
  175  and dating violence to public humiliation and shame and could
  176  inhibit the victim from availing herself or himself of relief
  177  provided under state law. Additionally, if such information were
  178  publicly available, it could be used by the partner or former
  179  partner of the victim of domestic violence, repeat violence,
  180  sexual violence, or dating violence to determine the location of
  181  the victim, thus placing the victim in jeopardy.
  182         Section 4. This act shall take effect October 1, 2012.
  183  
  184  ================= T I T L E  A M E N D M E N T ================
  185         And the title is amended as follows:
  186         Delete everything before the enacting clause
  187  and insert:
  188                        A bill to be entitled                      
  189         An act relating to public records; amending ss. 741.30
  190         and 784.046, F.S.; providing exemptions from public
  191         records requirements for personal identifying and
  192         location information of victims of domestic violence,
  193         repeat violence, sexual violence, and dating violence
  194         held by the clerks and law enforcement agencies in
  195         conjunction with the automated process developed by
  196         the association by which a petitioner may request
  197         notification of service of an injunction for
  198         protection against domestic violence, repeat violence,
  199         sexual violence, or dating violence and other court
  200         actions related to the injunction for protection;
  201         providing that the exemption is conditional upon the
  202         petitioner’s written request; providing specified
  203         duration of the exemption; providing for access by
  204         state or federal agencies in furtherance of the
  205         agencies’ statutory duties; requiring that the clerk
  206         inform the petitioner of the right to request that the
  207         identifying and location information be held exempt
  208         from public records requirements; providing for future
  209         legislative review and repeal of the exemptions;
  210         providing a statement of public necessity; providing
  211         an effective date.