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.