Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. CS for SB 1390 Barcode 890424 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/16/2012 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.