Florida Senate - 2012                                    SB 1012
       
       
       
       By Senator Sachs
       
       
       
       
       30-00760-12                                           20121012__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         775.2155, F.S.; creating a public records exemption
    4         for personal identifying information revealing the
    5         name, age, and location of a child permanently
    6         residing with a sexual offender or sexual predator,
    7         which information is required to be provided to the
    8         appropriate local and state agencies under ss. 775.21,
    9         943.0435, and 944.607, F.S.; authorizing the sheriff’s
   10         office, the Department of Law Enforcement, and the
   11         Department of Corrections to share with each other
   12         relevant information regarding the residence of a
   13         sexual offender or sexual predator and information
   14         involving instances of a sexual offender or sexual
   15         predator permanently residing with a child; providing
   16         for future legislative review and repeal of the
   17         exemption under the Open Government Sunset Review Act;
   18         providing a statement of public necessity; providing a
   19         contingent effective date.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (3) is added to section 775.2155,
   24  Florida Statutes, as created by SB ___, to read:
   25         775.2155 Residency restriction for persons convicted of
   26  certain sex offenses and required to register as a sexual
   27  offender or sexual predator; application date.—
   28         (3)(a) All personal identifying information relating to the
   29  name, age, and location of a child permanently residing in a
   30  home with a registered sexual offender or sexual predator which
   31  is contained in the records of a sheriff’s office, the
   32  Department of Law Enforcement, or the Department of Corrections,
   33  which information is required to be provided to the appropriate
   34  sheriff’s office, the Department of Law Enforcement, and the
   35  Department of Corrections under ss. 775.21, 943.0435, and
   36  944.607, is confidential and exempt from s. 119.07(1) and s. 24
   37  (a), Art. I of the State Constitution.
   38         (b) The sheriff’s office, the Department of Law
   39  Enforcement, and the Department of Corrections may share with
   40  each other relevant information regarding the residence of a
   41  sexual offender or sexual predator and information involving
   42  reported instances of a sexual offender or sexual predator
   43  permanently residing with a child.
   44         (c) This section is subject to the Open Government Sunset
   45  Review Act in accordance with s. 119.15, and shall stand
   46  repealed on October 2, 2017, unless reviewed and saved from
   47  repeal through reenactment by the Legislature.
   48         Section 2. The Legislature finds that it is a public
   49  necessity that any information identifying the name, age, and
   50  location of a child permanently residing with a sexual offender
   51  or sexual predator be held confidential and exempt from public
   52  records requirements. The Legislature finds that the release of
   53  personal information identifying the name, age, and location of
   54  a child who is permanently residing with a sexual offender or
   55  sexual predator would jeopardize the health and safety of that
   56  child. Accordingly, the Legislature finds that the harm to such
   57  child which would result from the release of such information
   58  substantially outweighs any minimal public benefit derived from
   59  disclosure to the public.
   60         Section 3. This act shall take effect on the same date that
   61  SB ___ or similar legislation takes effect, if such legislation
   62  is enacted in the same legislative session, or an extension
   63  thereof, and becomes law.