Senate Bill sb7014pb

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7014

    FOR CONSIDERATION By the Committee on Children and Families





    586-679B-05

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act; amending s.

  4         741.3165, F.S.; authorizing the release of

  5         certain information to a domestic violence

  6         fatality review team; requiring that

  7         confidential information released to a review

  8         team remain confidential and exempt from

  9         public-disclosure requirements; clarifying that

10         only portions of meetings of a domestic

11         violence fatality review team are exempt from

12         requirements otherwise applicable to a public

13         meeting; providing that personal identifying

14         information and records developed by a domestic

15         violence fatality review team are confidential

16         and exempt from public-disclosure requirements;

17         providing for future repeal and legislative

18         review of the exemptions under the Open

19         Government Sunset Review Act; providing a

20         statement of public necessity; providing an

21         effective date.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Section 741.3165, Florida Statutes, is

26  amended to read:

27         741.3165  Certain information exempt from disclosure.--

28         (1)  Any information or records otherwise confidential

29  or exempt from s. 119.07(1) and s. 24(a), Art. I of the State

30  Constitution which are obtained by or provided to a domestic

31  violence fatality review team conducting activities as

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7014
    586-679B-05




 1  described in s. 741.316 shall remain confidential or exempt as

 2  otherwise provided by law.

 3         (2)  Unless specifically prohibited by federal law, if

 4  a person or organization has information concerning a

 5  domestic-abuse death or near death or concerning related

 6  events preceding a domestic-abuse death or near death, that

 7  person or organization may provide such exempt or confidential

 8  information to the domestic violence fatality review team

 9  reviewing the death or near death. Any information shared by a

10  person or organization which is otherwise confidential or

11  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

12  Constitution shall remain confidential or exempt as otherwise

13  provided by law when that information is shared with a team

14  conducting activities as described in s. 741.316.

15         (3)  Any portion of the reports produced by the

16  domestic violence fatality review team which contains any

17  information that is otherwise confidential or exempt from s.

18  119.07(1) and s. 24(a), Art. I of the State Constitution shall

19  remain confidential or exempt as otherwise provided by law.

20         (4)  Those portions of The proceedings and meetings of

21  any domestic violence fatality review team regarding domestic

22  violence fatalities and their prevention, during which the

23  identity of the victim or of the children of the victim is

24  discussed, are exempt from s. 286.011 and s. 24(b), Art. I of

25  the State Constitution.

26         (5)  Information obtained and records produced by a

27  domestic violence fatality review team which contain personal

28  identifying information concerning a victim of domestic

29  violence, a survivor of a near-fatal incident of domestic

30  violence, or a family member of a victim or perpetrator of

31  

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7014
    586-679B-05




 1  domestic violence are confidential and exempt from s.

 2  119.07(1) and s. 24(a), Art. I of the State Constitution.

 3         (6)(2)  The exemptions in this section apply only to

 4  records held by a domestic violence fatality review team. The

 5  exemptions contained in this section are subject to the Open

 6  Government Sunset Review Act of 1995 in accordance with s.

 7  119.15, and this section is repealed October 2, 2010 2005,

 8  unless reviewed and saved from repeal through reenactment by

 9  the Legislature before that date.

10         Section 2.  (1)  The Legislature finds it is a public

11  necessity that information concerning a death or near death

12  resulting from domestic abuse, along with information

13  concerning the events preceding a death or near death

14  resulting from domestic abuse, remain confidential and exempt

15  from public-disclosure requirements when shared with a

16  domestic violence fatality review team that is reviewing the

17  incident of death or near death. The Legislature finds that

18  the release of such information would hinder the work of the

19  review team and persons and organizations having pertinent

20  information would be reluctant to share vital information with

21  the review team.

22         (2)  The Legislature further finds that personal

23  identifying information contained in information and records

24  obtained and produced by a domestic violence fatality review

25  team should be confidential and exempt from public-disclosure

26  requirements in order to protect sensitive and personal

27  information concerning the parties involved in an incident of

28  domestic violence. The ability to interview the parties

29  involved in incidents of fatal and near-fatal domestic

30  violence without fear of the statements of the parties being

31  made public is essential to the work of the team, leading to a

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7014
    586-679B-05




 1  better understanding of the factors contributing to such

 2  incidents and the development of strategies to prevent further

 3  incidents. Protecting these communications provides an

 4  environment in which to discuss information in a free and open

 5  way and allows the teams to develop the information needed to

 6  prevent further deaths from domestic violence in local

 7  communities. The Legislature finds that the harm to the public

 8  which would result from the release of such information

 9  substantially outweighs any minimal public benefit derived

10  from the public disclosure of such personal identifying

11  information.

12         Section 3.  This act shall take effect October 1, 2005.

13  

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15                          SENATE SUMMARY

16    Authorizes a person or organization to release
      confidential information to a domestic violence fatality
17    review team. Requires that the confidentiality of such
      information be maintained. Clarifies that only portions
18    of meetings of a domestic violence fatality review team
      are exempt from public-meetings requirements. Exempts
19    personal identifying information contained in records of
      a domestic violence fatality review team from
20    public-disclosure requirements. Provides for future
      repeal and legislative review of the exemptions.
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