Florida Senate - 2017                   (PROPOSED BILL) SPB 7028
       
       
        
       FOR CONSIDERATION By the Committee on Judiciary
       
       
       
       
       
       590-02630-17                                          20177028pb
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending ss. 741.30 and 784.046,
    4         F.S.; extending the repeal dates for exemptions from
    5         public records requirements for personal identifying
    6         and location information of a petitioner who requests
    7         notification of service of an injunction for
    8         protection against domestic violence, repeat violence,
    9         sexual violence, and dating violence and other court
   10         actions related to the injunction held by clerks of
   11         the court and law enforcement agencies; providing an
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (c) of subsection (8) of section
   17  741.30, Florida Statutes, is amended to read:
   18         741.30 Domestic violence; injunction; powers and duties of
   19  court and clerk; petition; notice and hearing; temporary
   20  injunction; issuance of injunction; statewide verification
   21  system; enforcement; public records exemption.—
   22         (8)
   23         (c)1. Within 24 hours after the court issues an injunction
   24  for protection against domestic violence or changes, continues,
   25  extends, or vacates an injunction for protection against
   26  domestic violence, the clerk of the court must forward a
   27  certified copy of the injunction for service to the sheriff with
   28  jurisdiction over the residence of the petitioner. The
   29  injunction must be served in accordance with this subsection.
   30         2. Within 24 hours after service of process of an
   31  injunction for protection against domestic violence upon a
   32  respondent, the law enforcement officer must forward the written
   33  proof of service of process to the sheriff with jurisdiction
   34  over the residence of the petitioner.
   35         3. Within 24 hours after the sheriff receives a certified
   36  copy of the injunction for protection against domestic violence,
   37  the sheriff must make information relating to the injunction
   38  available to other law enforcement agencies by electronically
   39  transmitting such information to the department.
   40         4. Within 24 hours after the sheriff or other law
   41  enforcement officer has made service upon the respondent and the
   42  sheriff has been so notified, the sheriff must make information
   43  relating to the service available to other law enforcement
   44  agencies by electronically transmitting such information to the
   45  department.
   46         5.a. Subject to available funding, the Florida Association
   47  of Court Clerks and Comptrollers shall develop an automated
   48  process by which a petitioner may request notification of
   49  service of the injunction for protection against domestic
   50  violence and other court actions related to the injunction for
   51  protection. The automated notice shall be made within 12 hours
   52  after the sheriff or other law enforcement officer serves the
   53  injunction upon the respondent. The notification must include,
   54  at a minimum, the date, time, and location where the injunction
   55  for protection against domestic violence was served. When a
   56  petitioner makes a request for notification, the clerk must
   57  apprise the petitioner of her or his right to request in writing
   58  that the information specified in sub-subparagraph b. be held
   59  exempt from public records requirements for 5 years. The Florida
   60  Association of Court Clerks and Comptrollers may apply for any
   61  available grants to fund the development of the automated
   62  process.
   63         b. Upon implementation of the automated process,
   64  information held by clerks and law enforcement agencies in
   65  conjunction with the automated process developed under sub
   66  subparagraph a. which reveals the home or employment telephone
   67  number, cellular telephone number, home or employment address,
   68  electronic mail address, or other electronic means of
   69  identification of a petitioner requesting notification of
   70  service of an injunction for protection against domestic
   71  violence and other court actions related to the injunction for
   72  protection is exempt from s. 119.07(1) and s. 24(a), Art. I of
   73  the State Constitution, upon written request by the petitioner.
   74  Such information shall cease to be exempt 5 years after the
   75  receipt of the written request. Any state or federal agency that
   76  is authorized to have access to such documents by any provision
   77  of law shall be granted such access in the furtherance of such
   78  agency’s statutory duties, notwithstanding this sub
   79  subparagraph. This sub-subparagraph is subject to the Open
   80  Government Sunset Review Act in accordance with s. 119.15 and
   81  shall stand repealed on October 2, 2019 2017, unless reviewed
   82  and saved from repeal through reenactment by the Legislature.
   83         6. Within 24 hours after an injunction for protection
   84  against domestic violence is vacated, terminated, or otherwise
   85  rendered no longer effective by ruling of the court, the clerk
   86  of the court must notify the sheriff receiving original
   87  notification of the injunction as provided in subparagraph 2.
   88  That agency shall, within 24 hours after receiving such
   89  notification from the clerk of the court, notify the department
   90  of such action of the court.
   91         Section 2. Paragraph (c) of subsection (8) of section
   92  784.046, Florida Statutes, is amended to read:
   93         784.046 Action by victim of repeat violence, sexual
   94  violence, or dating violence for protective injunction; dating
   95  violence investigations, notice to victims, and reporting;
   96  pretrial release violations; public records exemption.—
   97         (8)
   98         (c)1. Within 24 hours after the court issues an injunction
   99  for protection against repeat violence, sexual violence, or
  100  dating violence or changes or vacates an injunction for
  101  protection against repeat violence, sexual violence, or dating
  102  violence, the clerk of the court must forward a copy of the
  103  injunction to the sheriff with jurisdiction over the residence
  104  of the petitioner.
  105         2. Within 24 hours after service of process of an
  106  injunction for protection against repeat violence, sexual
  107  violence, or dating violence upon a respondent, the law
  108  enforcement officer must forward the written proof of service of
  109  process to the sheriff with jurisdiction over the residence of
  110  the petitioner.
  111         3. Within 24 hours after the sheriff receives a certified
  112  copy of the injunction for protection against repeat violence,
  113  sexual violence, or dating violence, the sheriff must make
  114  information relating to the injunction available to other law
  115  enforcement agencies by electronically transmitting such
  116  information to the department.
  117         4. Within 24 hours after the sheriff or other law
  118  enforcement officer has made service upon the respondent and the
  119  sheriff has been so notified, the sheriff must make information
  120  relating to the service available to other law enforcement
  121  agencies by electronically transmitting such information to the
  122  department.
  123         5.a. Subject to available funding, the Florida Association
  124  of Court Clerks and Comptrollers shall develop an automated
  125  process by which a petitioner may request notification of
  126  service of the injunction for protection against repeat
  127  violence, sexual violence, or dating violence and other court
  128  actions related to the injunction for protection. The automated
  129  notice shall be made within 12 hours after the sheriff or other
  130  law enforcement officer serves the injunction upon the
  131  respondent. The notification must include, at a minimum, the
  132  date, time, and location where the injunction for protection
  133  against repeat violence, sexual violence, or dating violence was
  134  served. When a petitioner makes a request for notification, the
  135  clerk must apprise the petitioner of her or his right to request
  136  in writing that the information specified in sub-subparagraph b.
  137  be held exempt from public records requirements for 5 years. The
  138  Florida Association of Court Clerks and Comptrollers may apply
  139  for any available grants to fund the development of the
  140  automated process.
  141         b. Upon implementation of the automated process,
  142  information held by clerks and law enforcement agencies in
  143  conjunction with the automated process developed under sub
  144  subparagraph a. which reveals the home or employment telephone
  145  number, cellular telephone number, home or employment address,
  146  electronic mail address, or other electronic means of
  147  identification of a petitioner requesting notification of
  148  service of an injunction for protection against repeat violence,
  149  sexual violence, or dating violence and other court actions
  150  related to the injunction for protection is exempt from s.
  151  119.07(1) and s. 24(a), Art. I of the State Constitution, upon
  152  written request by the petitioner. Such information shall cease
  153  to be exempt 5 years after the receipt of the written request.
  154  Any state or federal agency that is authorized to have access to
  155  such documents by any provision of law shall be granted such
  156  access in the furtherance of such agency’s statutory duties,
  157  notwithstanding this sub-subparagraph. This sub-subparagraph is
  158  subject to the Open Government Sunset Review Act in accordance
  159  with s. 119.15 and shall stand repealed on October 2, 2019 2017,
  160  unless reviewed and saved from repeal through reenactment by the
  161  Legislature.
  162         6. Within 24 hours after an injunction for protection
  163  against repeat violence, sexual violence, or dating violence is
  164  lifted, terminated, or otherwise rendered no longer effective by
  165  ruling of the court, the clerk of the court must notify the
  166  sheriff or local law enforcement agency receiving original
  167  notification of the injunction as provided in subparagraph 2.
  168  That agency shall, within 24 hours after receiving such
  169  notification from the clerk of the court, notify the department
  170  of such action of the court.
  171         Section 3. This act shall take effect July 1, 2017.