Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1314
       
       
       
       
       
       
                                Ì8496323Î849632                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  02/16/2016           .                                
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       The Committee on Criminal Justice (Bradley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (m) is added to subsection (2) of
    6  section 119.071, Florida Statutes, to read:
    7         119.071 General exemptions from inspection or copying of
    8  public records.—
    9         (2) AGENCY INVESTIGATIONS.—
   10         (m)1.Notwithstanding any other provision of this
   11  subsection, the personal identifying information of a witness to
   12  a murder, as described in s. 782.04, is confidential and exempt
   13  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
   14  for 2 years after the date on which the murder is observed by
   15  the witness. The personal identifying information may be
   16  disclosed only to a criminal justice agency or governmental
   17  entity for use in the performance of its official duties and
   18  responsibilities.
   19         2.This paragraph is subject to the Open Government Sunset
   20  Review Act in accordance with s. 119.15 and shall stand repealed
   21  on October 2, 2021, unless reviewed and saved from repeal
   22  through reenactment by the Legislature.
   23         Section 2. Paragraph (k) is added to subsection (1) of
   24  section 119.0714, Florida Statutes, to read:
   25         119.0714 Court files; court records; official records.—
   26         (1) COURT FILES.—Nothing in this chapter shall be construed
   27  to exempt from s. 119.07(1) a public record that was made a part
   28  of a court file and that is not specifically closed by order of
   29  court, except:
   30         (k)Personal identifying information of a witness to a
   31  murder as provided in s. 119.071(2)(m).
   32         Section 3. The Legislature finds that it is a public
   33  necessity that personal identifying information of a witness to
   34  a murder, as described in s. 782.04, Florida Statutes, be made
   35  confidential and exempt from s. 119.07(1), Florida Statutes, and
   36  s. 24(a), Article I of the State Constitution for 2 years after
   37  the date on which the murder is observed by the witness. The
   38  judicial system cannot function without the participation of
   39  witnesses. Complete cooperation and truthful testimony of
   40  witnesses is essential to the determination of the facts of a
   41  case. The public disclosure of personal identifying information
   42  of a witness to a murder could have an undesirable chilling
   43  effect on witnesses stepping forward and providing their
   44  eyewitness accounts of murders. A witness to a murder may be
   45  unwilling to cooperate fully with law enforcement officers if
   46  the witness knows his or her personal identifying information
   47  can be made publicly available. A witness may be less likely to
   48  call a law enforcement officer and report a murder if his or her
   49  personal identifying information is made available in connection
   50  with the murder that is being reported or under investigation.
   51  The Legislature further finds that a witness could become the
   52  subject of intimidation tactics or threats by the perpetrator of
   53  the murder if the witness’s personal identifying information is
   54  publicly available. For these reasons, the Legislature finds
   55  that it is a public necessity that the personal identifying
   56  information of a witness to a murder, as described in s. 782.04,
   57  Florida Statutes, be made confidential and exempt from public
   58  record requirements.
   59         Section 4. This act shall take effect July 1, 2016.
   60  
   61  ================= T I T L E  A M E N D M E N T ================
   62  And the title is amended as follows:
   63         Delete everything before the enacting clause
   64  and insert:
   65                        A bill to be entitled                      
   66         An act relating to public records; amending s.
   67         119.071, F.S.; providing an exemption from public
   68         records requirements for personal identifying
   69         information of a witness to a murder for a specified
   70         period; authorizing specified entities to receive the
   71         information; providing for future legislative review
   72         and repeal of the exemption; amending s. 119.0714,
   73         F.S.; providing that the public records exemption
   74         applies to personal identifying information of a
   75         witness to a murder which is made part of a court
   76         file; providing a statement of public necessity;
   77         providing an effective date.