Florida Senate - 2015                                     SB 308
       
       
        
       By Senator Garcia
       
       
       
       
       
       38-00469-15                                            2015308__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 39.908,
    3         F.S.; providing an exemption from public records
    4         requirements for information concerning clients of
    5         domestic violence advocacy organizations or referral
    6         services; requiring written consent of the client for
    7         disclosure of certain information; providing
    8         exceptions; providing for future legislative review
    9         and repeal of the exemptions; providing a statement of
   10         public necessity; providing a contingent effective
   11         date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 39.908, Florida Statutes, is amended to
   16  read:
   17         39.908 Confidentiality of information received by
   18  department, or domestic violence center, domestic violence
   19  advocacy organization, or domestic violence referral service.—
   20         (1) Information about clients received by the department or
   21  by authorized persons employed by or volunteering services to a
   22  domestic violence center, a domestic violence advocacy
   23  organization, or a domestic violence referral service, through
   24  files, reports, inspection, or otherwise, is confidential and
   25  exempt from the provisions of s. 119.07(1). Information about
   26  the location of domestic violence centers, domestic violence
   27  advocacy organizations, and domestic violence referral
   28  organizations and their respective facilities is confidential
   29  and exempt from the provisions of s. 119.07(1).
   30         (2) Information about domestic violence center, domestic
   31  violence advocacy organization, or domestic violence referral
   32  service clients may not be disclosed without the written consent
   33  of the client to whom the information or records pertain. For
   34  the purpose of state law regarding searches and seizures,
   35  domestic violence centers, domestic violence advocacy
   36  organizations, and domestic violence referral services shall be
   37  treated as private dwelling places. Information about a client
   38  or the location of a domestic violence center, a domestic
   39  violence advocacy organization, or a domestic violence referral
   40  service may be given by center staff or volunteers of such a
   41  center or organization to law enforcement, firefighting,
   42  medical, or other personnel in the following circumstances:
   43         (a) To medical personnel in a medical emergency.
   44         (b) Upon a court order based upon an application by a law
   45  enforcement officer for a criminal arrest warrant which alleges
   46  that the individual sought to be arrested is located at the
   47  domestic violence shelter, advocacy organization, or referral
   48  service.
   49         (c) Upon a search warrant that specifies the individual or
   50  object of the search and alleges that the individual or object
   51  is located at the shelter, advocacy organization, or referral
   52  service.
   53         (d) To firefighting personnel in a fire emergency.
   54         (e) To any other person necessary to maintain the safety
   55  and health standards in the domestic violence shelter, advocacy
   56  organization, or referral service.
   57         (f) Information solely about the location of the domestic
   58  violence shelter, advocacy organization, or referral service may
   59  be given to those with whom the agency has an established
   60  business relationship.
   61         (3) The restriction on the disclosure or use of the
   62  information about domestic violence center, domestic violence
   63  advocacy organization, or domestic violence referral service
   64  clients does not apply to:
   65         (a) Communications from domestic violence shelter, advocacy
   66  organization, or referral service staff or volunteers to law
   67  enforcement officers when the information is directly related to
   68  a client’s commission of a crime or threat to commit a crime on
   69  the premises of a domestic violence shelter, advocacy
   70  organization, or referral service; or
   71         (b) Reporting suspected abuse of a child or a vulnerable
   72  adult as required by law. However, when cooperating with
   73  protective investigation services staff, the domestic violence
   74  shelter, advocacy organization, or referral service staff and
   75  volunteers must protect the confidentiality of other clients at
   76  the domestic violence center, advocacy organization, or referral
   77  service.
   78         Section 2. The amendments made by this act to s. 39.908,
   79  Florida Statutes, are subject to the Open Government Sunset
   80  Review Act in accordance with s. 119.15, Florida Statutes, and
   81  shall stand repealed on October 2, 2020, unless reviewed and
   82  saved from repeal through reenactment by the Legislature, and
   83  the text of that section shall revert to that in existence
   84  immediately before the effective date of the amendments made by
   85  this act, except that any amendments to such text enacted other
   86  than by this act shall be preserved and continue to operate to
   87  the extent that such amendments are not dependent upon the
   88  portions of text that are repealed pursuant to this section.
   89         Section 3. The Legislature finds that it is a public
   90  necessity that information received by the Department of
   91  Children and Families or by authorized persons employed by or
   92  volunteering services to a domestic violence advocacy
   93  organization or a domestic violence referral service about
   94  clients of a domestic violence advocacy organization or domestic
   95  violence referral service, be made confidential and exempt from
   96  s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
   97  State Constitution. Domestic violence advocacy organizations and
   98  domestic violence referral services act to protect their
   99  clients, who are victims of domestic violence, from those who
  100  victimized them. If the individuals who victimized these clients
  101  were able to learn client information, they might attempt to
  102  contact their victims and continue their victimization. The
  103  Legislature recognizes that protection is needed for victims of
  104  domestic violence who are attempting to escape from domestic
  105  violence and to prevent harm from assailants or probable
  106  assailants who are attempting to find them. The Legislature’s
  107  intent is that these victims receive that protection by making
  108  the information referenced in this act confidential and exempt.
  109         Section 4. This act shall take effect on the same date that
  110  SB ____ or similar legislation relating to domestic violence
  111  advocacy organizations and referral services takes effect, if
  112  such legislation is adopted in the same legislative session or
  113  an extension thereof and becomes a law.