Senate Bill 1870
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 1870
By Senator Clary
7-1036A-99
1 A bill to be entitled
2 An act relating to presentence investigation
3 reports; amending s. 921.231, F.S.; requiring
4 that the Department of Corrections provide the
5 nonconfidential portions of a presentence
6 investigation report to the defendant, the
7 defendant's attorney, and the victim or family
8 of a homicide victim; amending s. 945.10, F.S.;
9 authorizing the limited release of certain
10 confidential investigative records of the
11 Department of Corrections; amending s. 960.001,
12 F.S.; requiring that the state attorney release
13 a copy of the presentence investigation report
14 to the victim, the victim's parent or guardian,
15 or the victim's next of kin; requiring that
16 confidential information be redacted from the
17 report; providing an effective date.
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19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Subsection (5) is added to section 921.231,
22 Florida Statutes, to read:
23 921.231 Presentence investigation reports.--
24 (5) The Department of Corrections shall make the
25 nonconfidential portion of the presentence investigation
26 report available, simultaneously, to the defendant; the
27 defendant's attorney; and the victim, a designated
28 representative of the victim, or the immediate family of a
29 homicide victim.
30 Section 2. Subsection (1) of section 945.10, Florida
31 Statutes, 1998 Supplement, is amended to read:
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Florida Senate - 1999 SB 1870
7-1036A-99
1 945.10 Confidential information.--
2 (1) Except as otherwise provided by law or in this
3 section, the following records and information of the
4 Department of Corrections are confidential and exempt from the
5 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
6 Constitution:
7 (a) Mental health, medical, or substance abuse records
8 of an inmate or an offender.
9 (b) Preplea, pretrial intervention, and presentence or
10 postsentence investigative records, except as provided in ss.
11 960.001(1)(g) and 921.321.
12 (c) Information regarding a person in the federal
13 witness protection program.
14 (d) Parole Commission records which are confidential
15 or exempt from public disclosure by law.
16 (e) Information which if released would jeopardize a
17 person's safety.
18 (f) Information concerning a victim's statement and
19 identity.
20 (g) The identity of an executioner, or a person
21 administering a lethal injection pursuant to s. 922.105.
22 (h) Records that are otherwise confidential or exempt
23 from public disclosure by law.
24 Section 3. Paragraph (g) of subsection (1) of section
25 960.001, Florida Statutes, 1998 Supplement, is amended to
26 read:
27 960.001 Guidelines for fair treatment of victims and
28 witnesses in the criminal justice and juvenile justice
29 systems.--
30 (1) The Department of Legal Affairs, the state
31 attorneys, the Department of Corrections, the Department of
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Florida Senate - 1999 SB 1870
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1 Juvenile Justice, the Parole Commission, the State Courts
2 Administrator and circuit court administrators, the Department
3 of Law Enforcement, and every sheriff's department, police
4 department, or other law enforcement agency as defined in s.
5 943.10(4) shall develop and implement guidelines for the use
6 of their respective agencies, which guidelines are consistent
7 with the purposes of this act and s. 16(b), Art. I of the
8 State Constitution and are designed to implement the
9 provisions of s. 16(b), Art. I of the State Constitution and
10 to achieve the following objectives:
11 (g)1. Consultation with victim or guardian or family
12 of victim.--In addition to being notified of the provisions of
13 s. 921.143, the victim of a felony involving physical or
14 emotional injury or trauma or, in a case in which the victim
15 is a minor child or in a homicide, the guardian or family of
16 the victim shall be consulted by the state attorney in order
17 to obtain the views of the victim or family about the
18 disposition of any criminal or juvenile case brought as a
19 result of such crime, including the views of the victim or
20 family about:
21 a.1. The release of the accused pending judicial
22 proceedings;
23 b.2. Plea agreements;
24 c.3. Participation in pretrial diversion programs; and
25 d.4. Sentencing of the accused.
26 2. Upon request, the state attorney shall also provide
27 the victim, the victim's parent or guardian if the victim is a
28 minor, or the victim's next of kin in the case of a homicide a
29 copy of the presentence investigation report if one was
30 completed. Any confidential information that pertains to
31 medical history, mental health, or substance abuse and any
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Florida Senate - 1999 SB 1870
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1 information that pertains to any other victim shall be
2 redacted from the copy of the report.
3 Section 4. This act shall take effect July 1, 1999.
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6 SENATE SUMMARY
7 Requires that the Department of Corrections provide the
presentence investigation report to the defendant, the
8 defendant's attorney, and the victim or family of a
homicide victim. Requires that the state attorney release
9 a copy of the nonconfidential portions of the presentence
investigation report, upon request, to the victim, the
10 victim's parent or guardian, or the victim's next of kin.
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