Senate Bill 1556c1
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Florida Senate - 1998 CS for SB 1556
By the Committee on Criminal Justice and Senator Williams
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1 A bill to be entitled
2 An act relating to access to records and
3 personal information by inmates and other
4 offenders under correctional supervision;
5 amending s. 945.10, F.S., relating to
6 confidential information and other information
7 available to inmates and offenders in the
8 correctional system or under supervision;
9 defining terms; prohibiting certain disclosure
10 or use of certain "personal information about
11 another person," as defined, by an inmate or
12 offender with intent to obtain a benefit from,
13 harass, harm, or defraud such person; providing
14 penalties; providing that an inmate or offender
15 convicted of such offense is prohibited from
16 subsequent participation in correctional work
17 programs or other programs; providing that an
18 inmate or offender convicted of such offense is
19 subject to forfeiture of gain-time; providing
20 for adoption of rules by the department;
21 providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
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25 Section 1. Section 945.10, Florida Statutes, is
26 amended to read:
27 945.10 Confidential information; illegal acts;
28 penalties.--
29 (1) Except as otherwise provided by law or in this
30 section, the following records and information of the
31 Department of Corrections are confidential and exempt from the
1
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Florida Senate - 1998 CS for SB 1556
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1 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
2 Constitution:
3 (a) Mental health, medical, or substance abuse records
4 of an inmate or an offender.
5 (b) Preplea, pretrial intervention, presentence or
6 postsentence investigative records.
7 (c) Information regarding a person in the federal
8 witness protection program.
9 (d) Parole Commission records which are confidential
10 or exempt from public disclosure by law.
11 (e) Information which if released would jeopardize a
12 person's safety.
13 (f) Information concerning a victim's statement and
14 identity.
15 (g) The identity of an executioner.
16 (h) Records that are otherwise confidential or exempt
17 from public disclosure by law.
18 (2) The records and information specified in
19 paragraphs (1)(b)-(h) may be released as follows unless
20 expressly prohibited by federal law:
21 (a) Information specified in paragraphs (1)(b), (d),
22 and (f) to the Office of the Governor, the Legislature, the
23 Parole Commission, the Department of Health and Rehabilitative
24 Services, a private correctional facility or program that
25 operates under a contract, the Department of Legal Affairs, a
26 state attorney, the court, or a law enforcement agency. A
27 request for records or information pursuant to this paragraph
28 need not be in writing.
29 (b) Information specified in paragraphs (1)(c), (e),
30 and (h) to the Office of the Governor, the Legislature, the
31 Parole Commission, the Department of Health and Rehabilitative
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1 Services, a private correctional facility or program that
2 operates under contract, the Department of Legal Affairs, a
3 state attorney, the court, or a law enforcement agency. A
4 request for records or information pursuant to this paragraph
5 must be in writing and a statement provided demonstrating a
6 need for the records or information.
7 (c) Information specified in paragraph (1)(b) to an
8 attorney representing an inmate under sentence of death,
9 except those portions of the records containing a victim's
10 statement or address, or the statement or address of a
11 relative of the victim. A request for records of information
12 pursuant to this paragraph must be in writing and a statement
13 provided demonstrating a need for the records or information.
14 (d) Information specified in paragraph (1)(b) to a
15 public defender representing a defendant, except those
16 portions of the records containing a victim's statement or
17 address, or the statement or address of a relative of the
18 victim. A request for records or information pursuant to this
19 paragraph need not be in writing.
20 (e) Information specified in paragraph (1)(b) to state
21 or local governmental agencies. A request for records or
22 information pursuant to this paragraph must be in writing and
23 a statement provided demonstrating a need for the records or
24 information.
25 (f) Information specified in paragraph (1)(b) to a
26 person conducting legitimate research. A request for records
27 and information pursuant to this paragraph must be in writing,
28 the person requesting the records or information must sign a
29 confidentiality agreement, and the department must approve the
30 request in writing.
31
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1 Records and information released under this subsection remain
2 confidential and exempt from the provisions of s. 119.07(1)
3 and s. 24(a), Art. I of the State Constitution when held by
4 the receiving person or entity.
5 (3) Due to substantial concerns regarding
6 institutional security and unreasonable and excessive demands
7 on personnel and resources if an inmate or an offender has
8 unlimited or routine access to records of the Department of
9 Corrections, an inmate or an offender who is under the
10 jurisdiction of the department may not have unrestricted
11 access to the department's records or to information contained
12 in the department's records. However, except as to another
13 inmate's or offender's records, the department may permit
14 limited access to its records if an inmate or an offender
15 makes a written request and demonstrates an exceptional need
16 for information contained in the department's records and the
17 information is otherwise unavailable. Exceptional
18 circumstances include, but are not limited to:
19 (a) The inmate or offender requests documentation to
20 resolve a conflict between the inmate's court documentation
21 and the commitment papers or court orders received by the
22 department regarding the inmate or offender.
23 (b) The inmate's or offender's release is forthcoming
24 and a prospective employer requests, in writing, documentation
25 of the inmate's or offender's work performance.
26 (c) The inmate or offender needs information
27 concerning the amount of victim restitution paid during the
28 inmate's or offender's incarceration.
29 (d) The requested records contain information required
30 to process an application or claim by the inmate or offender
31 with the Internal Revenue Service, the Social Security
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1 Administration, the Department of Labor and Employment
2 Security, or any other similar application or claim with a
3 state agency or federal agency.
4 (e) The inmate or offender wishes to obtain the
5 current address of a relative whose address is in the
6 department's records and the relative has not indicated a
7 desire not to be contacted by the inmate or offender.
8 (f) Other similar circumstances that do not present a
9 threat to the security, order, or rehabilitative objectives of
10 the correctional system or to any person's safety.
11 (4) The Department of Corrections shall adopt rules to
12 prevent disclosure of confidential records or information to
13 unauthorized persons.
14 (5) The Department of Corrections and the Parole
15 Commission shall mutually cooperate with respect to
16 maintaining the confidentiality of records that are exempt
17 from the provisions of s. 119.07(1) and s. 24(a), Art. I of
18 the State Constitution.
19 (6)(a) As used in this subsection:
20 1. The term "personal information about another
21 person" means the home addresses, telephone numbers, social
22 security numbers, and photographs of health care clinicians of
23 the Department of Corrections who are licensed or certified
24 pursuant to chapter 458, chapter 459, chapter 464, chapter
25 465, chapter 466, or chapter 490 and of educational personnel
26 of the Department of Corrections who are certified pursuant to
27 s. 231.17 and of other state officers and employees whose
28 duties are performed in whole or in part in state correctional
29 institutions; the home addresses, telephone numbers, social
30 security numbers, photographs, and places of employment of the
31 spouses and children of such persons; and the names and
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1 locations of schools and day care facilities attended by the
2 children of such persons.
3 2. The terms "another person" and "such person" mean
4 any person described in subparagraph 1.
5 3. The term "harass" means engaging in a course of
6 conduct directed at another person which causes substantial
7 emotional distress to such person and serves no legitimate
8 purpose.
9 (b) An inmate or offender in the correctional system
10 or under correctional supervision, whether on parole,
11 probation, postrelease supervision, or any other form of
12 supervision, is prohibited from disclosing or using personal
13 information about another person with the intent to obtain a
14 benefit from, harass, harm, or defraud such person. Any inmate
15 or offender who violates this section commits a felony of the
16 third degree, punishable as provided in s. 775.082, s.
17 775.083, or s. 775.084.
18 (c) An inmate or offender who has been convicted of an
19 offense under paragraph (b) is prohibited from subsequently
20 participating in any correctional work or other correctional
21 program that provides inmates or offenders with access to
22 personal information about persons who are not in the
23 correctional system or under correctional supervision. If,
24 during a term of imprisonment, an inmate or offender is
25 convicted of the offense under paragraph (b), the inmate or
26 offender shall be subject to forfeiture of all or any part of
27 his or her gain-time pursuant to rules adopted by the
28 department. The department may adopt rules to prohibit the
29 subsequent participation of an inmate who has been convicted
30 of an offense under paragraph (b) in any correctional work or
31 other correctional program that provides inmates access to
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1 personal information about another person. The department may
2 also adopt rules to implement the forfeiture or deletion of
3 gain-time.
4 Section 2. This act shall take effect October 1, 1998.
5
6 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
7 Senate Bill 1556
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9 . Provides that it is a third degree felony for an inmate
under supervision who obtains access to confidential
10 information regarding a correctional officer or employee
to disclose or use that information with the intent to
11 obtain a benefit from, defraud, harass, or harm the
officer or employee.
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. Defines the terms "harass," "another person" and "such
13 person."
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