Florida Senate - 2026 SB 298
By Senator Berman
26-00097-26 2026298__
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 HAVEN Coordinating Council or a
5 county-level HAVEN 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 or dating violence and other
11 specified information contained in records held by the
12 coordinating council or county-level councils;
13 providing an exemption from public meetings
14 requirements for portions of the coordinating
15 council’s and county-level councils’ meetings during
16 which exempt or confidential and exempt information is
17 discussed; providing for future legislative review and
18 repeal of the exemptions; providing statements of
19 public necessity; providing a contingent effective
20 date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Present subsection (10) of section 741.317,
25 Florida Statutes, as created by SB 296 or similar legislation,
26 2026 Regular Session, is redesignated as subsection (11), and a
27 new subsection (10) is added to that section, to read:
28 741.317 Helping Abuse Victims Escape Now Act; coordinating
29 council; membership; duties; reports; funding; preemption;
30 confidentiality.—
31 (10) CONFIDENTIALITY.—
32 (a)1. Any information that is exempt or confidential and
33 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
34 Constitution and is obtained by the HAVEN Coordinating Council
35 or a county-level HAVEN council while executing its duties under
36 this section retains its exempt or confidential and exempt
37 status when held by the council.
38 2. Any information contained in a record created by the
39 coordinating council or a county-level council which reveals the
40 identity of a victim of domestic violence or dating violence is
41 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
42 of the State Constitution.
43 3. Any information that is maintained as exempt or
44 confidential and exempt under this chapter retains its exempt or
45 confidential and exempt status when held by the coordinating
46 council or a county-level council.
47 (b) Portions of meetings of the coordinating council or a
48 county-level council which relate to the physical injury or
49 death of a victim of domestic violence or dating violence, or
50 the prevention of such physical injury or death, during which
51 exempt or confidential and exempt information, information
52 protected under this chapter, the identity of the victim, or the
53 identity of persons responsible for the welfare of the victim is
54 discussed are exempt from s. 286.011 and s. 24(b), Art. I of the
55 State Constitution.
56 (c) This subsection is subject to the Open Government
57 Sunset Review Act in accordance with s. 119.15 and shall stand
58 repealed on October 2, 2031, unless reviewed and saved from
59 repeal through reenactment by the Legislature.
60 Section 2. (1) The Legislature finds that it is a public
61 necessity that information that is exempt or confidential and
62 exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
63 Article I of the State Constitution remain exempt or
64 confidential and exempt when held by the HAVEN Coordinating
65 Council or a county-level HAVEN council. Additionally, the
66 Legislature finds that it is a public necessity that information
67 that reveals the identity of a victim of domestic violence or
68 dating violence or the identity of persons responsible for the
69 welfare of such victim be made confidential and exempt from
70 public records requirements because the disclosure of such
71 sensitive personal identifying information could impede the open
72 communication and coordination among the parties involved in the
73 coordinating council or a county-level council. The harm that
74 would result from the release of such information substantially
75 outweighs any public benefit that would be achieved by
76 disclosure.
77 (2) The Legislature further finds that it is a public
78 necessity that portions of meetings of the coordinating council
79 or a county-level council during which exempt or confidential
80 and exempt information, information protected under chapter 741,
81 Florida Statutes, the identity of the victim, or the identity of
82 persons responsible for the welfare of the victim is discussed
83 be made exempt from s. 286.011, Florida Statutes, and s. 24(b),
84 Article I of the State Constitution. Failure to close the
85 portions of the meetings in which such sensitive personal
86 identifying information is discussed would defeat the purpose of
87 the public records exemption. Further, the Legislature finds
88 that the exemption is narrowly tailored to apply only to those
89 portions of the meetings in which such sensitive personal
90 identifying information is discussed and that the remainder of
91 such meetings remain open to allow for public oversight.
92 Section 3. This act shall take effect on the same date that
93 SB 296 or similar legislation takes effect, if such legislation
94 is adopted in the same legislative session or an extension
95 thereof and becomes a law.