| 1 | A bill to be entitled |
| 2 | An act relating to public records; amending s. |
| 3 | 775.2155, F.S.; creating a public records exemption |
| 4 | for personal identifying information revealing the |
| 5 | name, age, and location of a child permanently |
| 6 | residing with a sexual offender or sexual predator, |
| 7 | which information is required to be provided to the |
| 8 | appropriate local and state agencies under ss. 775.21, |
| 9 | 943.0435, and 944.607, F.S.; authorizing the sheriff's |
| 10 | office, the Department of Law Enforcement, and the |
| 11 | Department of Corrections to share with each other |
| 12 | relevant information regarding the residence of a |
| 13 | sexual offender or sexual predator and information |
| 14 | involving instances of a sexual offender or sexual |
| 15 | predator permanently residing with a child; providing |
| 16 | for future legislative review and repeal of the |
| 17 | exemption under the Open Government Sunset Review Act; |
| 18 | providing a statement of public necessity; providing a |
| 19 | contingent effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Subsection (3) is added to section 775.2155, |
| 24 | Florida Statutes, as created by HB 731, to read: |
| 25 | 775.2155 Residency restriction for persons convicted of |
| 26 | certain sex offenses and required to register as a sexual |
| 27 | offender or sexual predator; application date.- |
| 28 | (3)(a) All personal identifying information relating to |
| 29 | the name, age, and location of a child permanently residing in a |
| 30 | home with a registered sexual offender or sexual predator which |
| 31 | is contained in the records of a sheriff's office, the |
| 32 | Department of Law Enforcement, or the Department of Corrections, |
| 33 | which information is required to be provided to the appropriate |
| 34 | sheriff's office, the Department of Law Enforcement, and the |
| 35 | Department of Corrections under ss. 775.21, 943.0435, and |
| 36 | 944.607, is confidential and exempt from s. 119.07(1) and s. 24 |
| 37 | (a), Art. I of the State Constitution. |
| 38 | (b) The sheriff's office, the Department of Law |
| 39 | Enforcement, and the Department of Corrections may share with |
| 40 | each other relevant information regarding the residence of a |
| 41 | sexual offender or sexual predator and information involving |
| 42 | reported instances of a sexual offender or sexual predator |
| 43 | permanently residing with a child. |
| 44 | (c) 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, 2017, 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 that any information identifying the name, age, and |
| 50 | location of a child permanently residing with a sexual offender |
| 51 | or sexual predator be held confidential and exempt from public |
| 52 | records requirements. The Legislature finds that the release of |
| 53 | personal information identifying the name, age, and location of |
| 54 | a child who is permanently residing with a sexual offender or |
| 55 | sexual predator would jeopardize the health and safety of that |
| 56 | child. Accordingly, the Legislature finds that the harm to such |
| 57 | child which would result from the release of such information |
| 58 | substantially outweighs any minimal public benefit derived from |
| 59 | disclosure to the public. |
| 60 | Section 3. This act shall take effect on the same date |
| 61 | that HB 731 or similar legislation takes effect, if such |
| 62 | legislation is enacted in the same legislative session, or an |
| 63 | extension thereof, and becomes law. |