Florida Senate - 2012                                    SB 1390
       
       
       
       By Senator Joyner
       
       
       
       
       18-01263A-12                                          20121390__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending ss. 741.30
    3         and 784.046, F.S.; providing exemptions from public
    4         records requirements for personal identifying and
    5         location information of victims of domestic violence,
    6         repeat violence, sexual violence, and dating violence
    7         held by the Florida Association of Court Clerks and
    8         Comptrollers in conjunction with the automated process
    9         developed by the association by which a petitioner may
   10         request notification of service of an injunction for
   11         protection against domestic violence, repeat violence,
   12         sexual violence, or dating violence and other court
   13         actions related to the injunction for protection;
   14         providing that the exemption is conditional upon the
   15         petitioner’s request; providing specified duration of
   16         the exemption; providing for access by state or
   17         federal agencies in furtherance of the agencies’
   18         statutory duties; providing that notification to the
   19         petitioner of service of the injunction for protection
   20         must inform the petitioner of the right to request
   21         that the identifying and location information be held
   22         exempt from public records requirements; providing for
   23         future legislative review and repeal of the
   24         exemptions; providing a statement of public necessity;
   25         providing an effective date.
   26  
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Paragraph (c) of subsection (8) of section
   30  741.30, Florida Statutes, is amended to read:
   31         741.30 Domestic violence; injunction; powers and duties of
   32  court and clerk; petition; notice and hearing; temporary
   33  injunction; issuance of injunction; statewide verification
   34  system; enforcement; public records exemption.—
   35         (8)
   36         (c)1. Within 24 hours after the court issues an injunction
   37  for protection against domestic violence or changes, continues,
   38  extends, or vacates an injunction for protection against
   39  domestic violence, the clerk of the court must forward a
   40  certified copy of the injunction for service to the sheriff with
   41  jurisdiction over the residence of the petitioner. The
   42  injunction must be served in accordance with this subsection.
   43         2. Within 24 hours after service of process of an
   44  injunction for protection against domestic violence upon a
   45  respondent, the law enforcement officer must forward the written
   46  proof of service of process to the sheriff with jurisdiction
   47  over the residence of the petitioner.
   48         3. Within 24 hours after the sheriff receives a certified
   49  copy of the injunction for protection against domestic violence,
   50  the sheriff must make information relating to the injunction
   51  available to other law enforcement agencies by electronically
   52  transmitting such information to the department.
   53         4. Within 24 hours after the sheriff or other law
   54  enforcement officer has made service upon the respondent and the
   55  sheriff has been so notified, the sheriff must make information
   56  relating to the service available to other law enforcement
   57  agencies by electronically transmitting such information to the
   58  department.
   59         5.a. Subject to available funding, the Florida Association
   60  of Court Clerks and Comptrollers shall develop an automated
   61  process by which a petitioner may request notification of
   62  service of the injunction for protection against domestic
   63  violence and other court actions related to the injunction for
   64  protection. The automated notice shall be made within 12 hours
   65  after the sheriff or other law enforcement officer serves the
   66  injunction upon the respondent. The notification must include,
   67  at a minimum, the date, time, and location where the injunction
   68  for protection against domestic violence was served, and must
   69  apprise the petitioner of her or his right to request in writing
   70  that the information specified in sub-subparagraph b. be held
   71  exempt from public records requirements for 5 years after the
   72  receipt of the written request. The Florida Association of Court
   73  Clerks and Comptrollers may apply for any available grants to
   74  fund the development of the automated process.
   75         b. Information held by the Florida Association of Court
   76  Clerks and Comptrollers in conjunction with the automated
   77  process developed under sub-subparagraph a. which reveals the
   78  home or employment telephone number, cellular telephone number,
   79  home or employment address, electronic mail address, or other
   80  electronic means of identification of a petitioner requesting
   81  notification of service of an injunction for protection against
   82  domestic violence and other court actions related to the
   83  injunction for protection is exempt from s. 119.07(1) and s.
   84  24(a), Art. I of the State Constitution, upon written request by
   85  the petitioner. Such information shall cease to be exempt 5
   86  years after the receipt of the written request. Any state or
   87  federal agency that is authorized to have access to such
   88  documents by any provision of law shall be granted such access
   89  in the furtherance of such agency’s statutory duties,
   90  notwithstanding this sub-subparagraph. This sub-subparagraph is
   91  subject to the Open Government Sunset Review Act in accordance
   92  with s. 119.15 and shall stand repealed on October 2, 2017,
   93  unless reviewed and saved from repeal through reenactment by the
   94  Legislature.
   95         6. Within 24 hours after an injunction for protection
   96  against domestic violence is vacated, terminated, or otherwise
   97  rendered no longer effective by ruling of the court, the clerk
   98  of the court must notify the sheriff receiving original
   99  notification of the injunction as provided in subparagraph 2.
  100  That agency shall, within 24 hours after receiving such
  101  notification from the clerk of the court, notify the department
  102  of such action of the court.
  103         Section 2. Paragraph (c) of subsection (8) of section
  104  784.046, Florida Statutes, is amended to read:
  105         784.046 Action by victim of repeat violence, sexual
  106  violence, or dating violence for protective injunction; dating
  107  violence investigations, notice to victims, and reporting;
  108  pretrial release violations; public records exemption.—
  109         (8)
  110         (c)1. Within 24 hours after the court issues an injunction
  111  for protection against repeat violence, sexual violence, or
  112  dating violence or changes or vacates an injunction for
  113  protection against repeat violence, sexual violence, or dating
  114  violence, the clerk of the court must forward a copy of the
  115  injunction to the sheriff with jurisdiction over the residence
  116  of the petitioner.
  117         2. Within 24 hours after service of process of an
  118  injunction for protection against repeat violence, sexual
  119  violence, or dating violence upon a respondent, the law
  120  enforcement officer must forward the written proof of service of
  121  process to the sheriff with jurisdiction over the residence of
  122  the petitioner.
  123         3. Within 24 hours after the sheriff receives a certified
  124  copy of the injunction for protection against repeat violence,
  125  sexual violence, or dating violence, the sheriff must make
  126  information relating to the injunction available to other law
  127  enforcement agencies by electronically transmitting such
  128  information to the department.
  129         4. Within 24 hours after the sheriff or other law
  130  enforcement officer has made service upon the respondent and the
  131  sheriff has been so notified, the sheriff must make information
  132  relating to the service available to other law enforcement
  133  agencies by electronically transmitting such information to the
  134  department.
  135         5.a. Subject to available funding, the Florida Association
  136  of Court Clerks and Comptrollers shall develop an automated
  137  process by which a petitioner may request notification of
  138  service of the injunction for protection against repeat
  139  violence, sexual violence, or dating violence and other court
  140  actions related to the injunction for protection. The automated
  141  notice shall be made within 12 hours after the sheriff or other
  142  law enforcement officer serves the injunction upon the
  143  respondent. The notification must include, at a minimum, the
  144  date, time, and location where the injunction for protection
  145  against repeat violence, sexual violence, or dating violence was
  146  served, and must apprise the petitioner of her or his right to
  147  request in writing that the information specified in sub
  148  subparagraph b. be held exempt from public records requirements
  149  for 5 years after the receipt of the written request. The
  150  Florida Association of Court Clerks and Comptrollers may apply
  151  for any available grants to fund the development of the
  152  automated process.
  153         b. Information held by the Florida Association of Court
  154  Clerks and Comptrollers in conjunction with the automated
  155  process developed under sub-subparagraph a. which reveals the
  156  home or employment telephone number, cellular telephone number,
  157  home or employment address, electronic mail address, or other
  158  electronic means of identification of a petitioner requesting
  159  notification of service of an injunction for protection against
  160  repeat violence, sexual violence, or dating violence and other
  161  court actions related to the injunction for protection is exempt
  162  from s. 119.07(1) and s. 24(a), Art. I of the State
  163  Constitution, upon written request by the petitioner. Such
  164  information shall cease to be exempt 5 years after the receipt
  165  of the written request. Any state or federal agency that is
  166  authorized to have access to such documents by any provision of
  167  law shall be granted such access in the furtherance of such
  168  agency’s statutory duties, notwithstanding this sub
  169  subparagraph. This sub-subparagraph is subject to the Open
  170  Government Sunset Review Act in accordance with s. 119.15 and
  171  shall stand repealed on October 2, 2017, unless reviewed and
  172  saved from repeal through reenactment by the Legislature.
  173         6. Within 24 hours after an injunction for protection
  174  against repeat violence, sexual violence, or dating violence is
  175  lifted, terminated, or otherwise rendered no longer effective by
  176  ruling of the court, the clerk of the court must notify the
  177  sheriff or local law enforcement agency receiving original
  178  notification of the injunction as provided in subparagraph 2.
  179  That agency shall, within 24 hours after receiving such
  180  notification from the clerk of the court, notify the department
  181  of such action of the court.
  182         Section 3. It is the finding of the Legislature that it is
  183  a public necessity that personal identifying and location
  184  information of victims of domestic violence, repeat violence,
  185  sexual violence, and dating violence held by the Florida
  186  Association of Court Clerks and Comptrollers in conjunction with
  187  the automated process developed by the association under ss.
  188  741.30 and 784.046, Florida Statutes, by which a petitioner may
  189  request notification of service of an injunction for protection
  190  against domestic violence, repeat violence, sexual violence, or
  191  dating violence and other court actions related to the
  192  injunction for protection be held confidential and exempt from
  193  s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
  194  State Constitution upon written request by the petitioner. Such
  195  information, if publicly available, could expose the victims of
  196  domestic violence, repeat violence, sexual violence, and dating
  197  violence to public humiliation and shame and could inhibit the
  198  victim from availing herself or himself of relief provided under
  199  state law. Additionally, if such information were publicly
  200  available, it could be used by the partner or former partner of
  201  the victim of domestic violence, repeat violence, sexual
  202  violence, or dating violence to determine the location of the
  203  victim, thus placing the victim in jeopardy.
  204         Section 4. This act shall take effect October 1, 2012.