CODING: Words stricken are deletions; words underlined are additions.

House Bill 3053

Florida House of Representatives - 1998 HB 3053 By Representative Stafford 1 A bill to be entitled 2 An act relating to public records; providing 3 exemptions from public records requirements for 4 information identifying the person 5 administering the lethal injection during 6 execution of the death sentence; providing for 7 future review and repeal; providing a finding 8 of public necessity; amending s. 945.10, F.S., 9 relating to confidential information of the 10 Department of Corrections, to conform; 11 providing a contingent effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Information which, if released, would 16 identify the person administering the lethal injection 17 pursuant to s. 922.10, Florida Statutes, is confidential and 18 exempt from the provisions of s. 119.07(1) and s. 24(a), Art. 19 I of the State Constitution. This section is subject to the 20 Open Government Sunset Review Act of 1995 in accordance with 21 s. 119.15, Florida Statutes, and shall stand repealed on 22 October 2 of the year 5 years after the year of enactment, 23 unless reviewed and saved from repeal through reenactment by 24 the Legislature. 25 Section 2. Paragraph (g) of subsection (1) of section 26 945.10, Florida Statutes, 1996 Supplement, is amended to read: 27 945.10 Confidential information.-- 28 (1) Except as otherwise provided by law or in this 29 section, the following records and information of the 30 Department of Corrections are confidential and exempt from the 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3053 289-205-98 1 provisions of s. 119.07(1) and s. 24(a), Art. I of the State 2 Constitution: 3 (g) The identity of an executioner, or a person 4 administering a lethal injection pursuant to s. 922.10. 5 Section 3. The Legislature finds that the disclosure 6 of information identifying a person administering a lethal 7 injection for purposes of death sentence execution pursuant to 8 s. 922.10, Florida Statutes, would jeopardize the person's 9 safety and welfare by exposing that person to potential 10 harassment, intimidation, and harm and would constitute an 11 unwarranted invasion into the person's privacy. The release of 12 this information would not benefit the public or aid it in the 13 effective operation of government or the orderly imposition of 14 capital punishment. Therefore, the Legislature finds that it 15 is a public necessity that this information be kept 16 confidential and exempt from disclosure under public records 17 law. 18 Section 4. This act shall take effect on the same date 19 that House Bill or similar legislation providing for 20 execution of the death sentence by lethal injection takes 21 effect, if such legislation is adopted in the same legislative 22 session or an extension thereof. 23 24 ***************************************** 25 HOUSE SUMMARY 26 Provides exemptions from public records requirements for 27 information identifying the person administering the lethal injection for purposes of death sentence 28 execution. Provides for future review and repeal. Provides a finding of public necessity. 29 30 31 2