Florida Senate - 2025 SB 242
By Senator Berman
26-00250A-25 2025242__
1 A bill to be entitled
2 An act relating to public records and public meetings;
3 amending s. 741.317, F.S.; specifying that information
4 obtained by the Helping Abuse Victims Escape Now
5 (HAVEN) Coordinating Council which is exempt or
6 confidential and exempt from public records
7 requirements retains its protected status; providing
8 an exemption from public records requirements for
9 personal identifying information of a victim of
10 domestic violence and dating violence and other
11 specified information contained in records held by the
12 coordinating council; providing an exemption from
13 public meetings requirements for portions of the
14 coordinating council’s meetings during which exempt or
15 confidential and exempt information is discussed;
16 providing statements of public necessity; providing a
17 contingent effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Subsection (9) of section 741.317, Florida
22 Statutes, as created by SB 240 or similar legislation, 2025
23 Regular Session, is renumbered as subsection (10), and a new
24 subsection (9) is added to that section, to read:
25 741.317 Helping Abuse Victims Escape Now Act; coordinating
26 council; membership; duties; reports; funding; preemption;
27 confidentiality.—
28 (9) CONFIDENTIALITY.—
29 (a)1. Any information that is exempt or confidential and
30 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
31 Constitution and is obtained by the HAVEN Coordinating Council
32 while executing its duties under this section retains its exempt
33 or confidential and exempt status when held by the council.
34 2. Any information contained in a record created by the
35 coordinating council which reveals the identity of a victim of
36 domestic violence or dating violence is confidential and exempt
37 from s. 119.07(1) and s. 24(a), Art. I of the State
38 Constitution.
39 3. Any information that is maintained as exempt or
40 confidential and exempt within this chapter retains its exempt
41 or confidential and exempt status when held by the coordinating
42 council.
43 (b) Portions of meetings of the coordinating council
44 relating to the physical injury or death of a victim of domestic
45 violence or dating violence, and the prevention of such physical
46 injury or death, during which exempt or confidential and exempt
47 information, information protected within this chapter, the
48 identity of the victim, or the identity of persons responsible
49 for the welfare of the victim is discussed, are exempt from s.
50 286.011 and s. 24(b), Art. I of the State Constitution.
51 Section 2. (1) The Legislature finds that it is a public
52 necessity that information that is exempt or confidential and
53 exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
54 Article I of the State Constitution remains exempt or
55 confidential and exempt when held by the Helping Abuse Victims
56 Escape Now Coordinating Council. Additionally, the Legislature
57 finds that it is a public necessity that information that
58 reveals the identity of a victim of domestic violence or dating
59 violence or the identity of persons responsible for the welfare
60 of such victim be confidential and exempt from public records
61 requirements because the disclosure of such sensitive personal
62 identifying information could impede the open communication and
63 coordination among the parties involved in the coordinating
64 council. The harm that would result from the release of such
65 information substantially outweighs any public benefit that
66 would be achieved by disclosure.
67 (2) The Legislature further finds that it is a public
68 necessity that portions of meetings of the coordinating council
69 during which exempt or confidential and exempt information,
70 information protected within chapter 741, Florida Statutes, the
71 identity of the victim, or the identity of persons responsible
72 for the welfare of the victim is discussed are exempt from s.
73 286.011, Florida Statutes, and s. 24(b), Article I of the State
74 Constitution. Failure to close the portions of the meetings in
75 which such sensitive personal identifying information is
76 discussed would defeat the purpose of the public records
77 exemption. Further, the Legislature finds that the exemption is
78 narrowly tailored to apply only to those portions of the
79 meetings in which such sensitive personal identifying
80 information is discussed and that the remainder of such meetings
81 remain open to allow for public oversight.
82 Section 3. This act shall take effect on the same date that
83 SB 240 or similar legislation takes effect, if such legislation
84 is adopted in the same legislative session or an extension
85 thereof and becomes a law.