Florida Senate - 2016                                    SB 1408
       
       
        
       By Senator Braynon
       
       36-00984-16                                           20161408__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         790.2335, F.S.; exempting records containing
    4         identifying information of the respondent, petitioner,
    5         or recipient of firearms relinquished pursuant to
    6         provisions relating to injunctions against domestic
    7         violence, stalking, or cyberstalking; providing for
    8         future legislative review and repeal of the
    9         exemptions; providing a statement of public necessity;
   10         providing a contingent effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 790.2335, Florida Statutes, is created
   15  to read:
   16         790.2335 Public records exemption; records concerning
   17  firearms relinquished pursuant to a domestic violence, stalking,
   18  or cyberstalking injunction.—Records, data, information, or
   19  reports containing the name, address, or other identifying
   20  information of either the respondent, petitioner, or recipient
   21  of firearms relinquished pursuant to s. 741.30(6)(g) or s.
   22  784.0485(6)(e) or records that contain the make, model, caliber,
   23  serial number, or other identifying information of any firearm
   24  and that are required, authorized, or maintained pursuant to s.
   25  741.30(6)(g) or s. 784.0485(6)(e) are confidential and exempt
   26  from s. 119.07(1) and s. 24(a), Art. I of the State
   27  Constitution. This section is subject to the Open Government
   28  Sunset Review Act in accordance with s. 119.15 and shall stand
   29  repealed on October 2, 2021, unless reviewed and saved from
   30  repeal through reenactment by the Legislature.
   31         Section 2. The Legislature finds that it is a public
   32  necessity that records, data, information, or reports containing
   33  the name, address, or other identifying data of the respondent,
   34  petitioner, or recipient of firearms relinquished pursuant to s.
   35  741.30(6)(g) or s. 784.0485(6)(e), Florida Statutes, or records
   36  that contain the make, model, caliber, serial number, or other
   37  identifying data of any firearm and that are required,
   38  authorized, or maintained pursuant to s. 741.30(6)(g) or s.
   39  784.0485(6)(e), Florida Statutes, be held exempt from s.
   40  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   41  State Constitution. Such information concerning a petitioner, if
   42  publicly available, could expose victims of domestic violence,
   43  stalking, cyberstalking, repeat violence, sexual violence, and
   44  dating violence to public humiliation and shame and could
   45  inhibit the victim from availing herself or himself of relief
   46  provided under state law. If such information concerning
   47  petitioners was publicly available, it could be used by the
   48  partner or former partner of the victim of domestic violence,
   49  repeat violence, sexual violence, or dating violence to
   50  determine the location of the victim, thus placing the victim in
   51  jeopardy. Additionally, information concerning the recipient or
   52  owner of firearms or identifying the firearms, themselves, could
   53  encourage the theft of the firearms and could possibly lead to
   54  their use in future crimes.
   55         Section 3. This act shall take effect on the same date that
   56  SB ____ or similar legislation relating to relinquishing
   57  firearms pursuant to a domestic violence, stalking, or
   58  cyberstalking injunction takes effect, if such legislation is
   59  adopted in the same legislative session or an extension thereof
   60  and becomes a law.