House Bill hb0285

CODING: Words stricken are deletions; words underlined are additions.




    Florida House of Representatives - 2002                 HB 285

        By the Committee on State Administration and
    Representative Brummer





  1                      A bill to be entitled

  2         An act relating to a public records exemption

  3         for certain victim and witness information;

  4         amending s. 914.27, F.S., which provides an

  5         exemption from public records requirements for

  6         certain information regarding a victim or

  7         witness who has been identified or certified

  8         for protective services or relocation services;

  9         reenacting such exemption and removing the

10         October 2, 2002, repeal thereof scheduled under

11         the Open Government Sunset Review Act of 1995;

12         clarifying language; providing an effective

13         date.

14

15  Be It Enacted by the Legislature of the State of Florida:

16

17         Section 1.  Notwithstanding the October 2, 2002, repeal

18  of said section scheduled pursuant to the Open Government

19  Sunset Review Act of 1995, section 914.27, Florida Statutes,

20  is reenacted and amended to read:

21         914.27  Confidentiality of victim and witness

22  information.--

23         (1)  Information held by any state or local law

24  enforcement agency, state attorney, the statewide prosecutor,

25  the Victim and Witness Protection Review Committee created

26  pursuant to s. 943.031, or the Department of Law Enforcement

27  which discloses:

28         (a)  The identity or location of a victim or witness

29  who has been identified or certified for protective protection

30  or relocation services by the state attorney or statewide

31  prosecutor pursuant to s. 914.25;

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 285

    688-192-02






  1         (b)  The identity or location of an immediate family

  2  member of a victim or witness who has been identified or

  3  certified pursuant to s. 914.25;

  4         (c)  Relocation sites, techniques, or procedures

  5  utilized or developed as a result of the victim and witness

  6  protective protection services afforded by s. 914.25; or

  7         (d)  The identity or relocation site of any victim,

  8  witness, or immediate family member of a victim or witness who

  9  has made a relocation of permanent residence by reason of the

10  victim's or witness's involvement in the investigation or

11  prosecution giving rise to certification for protective

12  protection or relocation services pursuant to s. 914.25;

13

14  is confidential and exempt from the provisions of s. 119.07(1)

15  and s. 24(a), Art. I of the State Constitution.  Such

16  information may be shared by law enforcement agencies, state

17  attorneys, and the statewide prosecutor to facilitate the

18  protective protection or relocation services provided pursuant

19  to s. 914.25 and to support the prosecution efforts of the

20  state attorneys and the statewide prosecutor.  Any information

21  so shared must remain confidential and exempt in the hands of

22  any agency or entity to which the information is provided.

23         (2)  If a victim or witness is identified for

24  protective services under s. 914.25 and is later denied

25  certification, but is not certified to receive such services

26  by the state attorney or statewide prosecutor, the identity

27  and location information exempt pursuant to paragraphs (1)(a)

28  and (b) becomes public information, unless otherwise provided

29  by law.

30         (3)  If a victim or witness is certified for protective

31  services, information made confidential and exempt from public

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 285

    688-192-02






  1  disclosure under paragraphs (1)(a) and (b) becomes public

  2  information, unless otherwise provided by law, at the time

  3  such the certification made pursuant to s. 914.25 expires,

  4  unless the state attorney or statewide prosecutor making such

  5  certification complies with the provisions of subsection (4).

  6         (4)  The certifying state attorney or statewide

  7  prosecutor may state in writing to the Victim and Witness

  8  Protection Review Committee established pursuant to s. 943.031

  9  that even though certification for participation in the victim

10  or witness protective services protection program is about to

11  expire, disclosure of information made confidential and exempt

12  by paragraph (1)(a) or paragraph (1)(b) continues to

13  constitute an unwarranted risk to, or jeopardizes the safety

14  of, victims, witnesses, or family members of such victims or

15  witnesses.  Accordingly, the confidential and exempt status of

16  such information shall continue until the certifying state

17  attorney or statewide prosecutor determines that disclosure of

18  such the information would not constitute an unwarranted risk

19  to, or jeopardize the safety of, such persons any person, and

20  provides written notification to that effect to the Victim and

21  Witness Protection Review Committee.

22         (5)  For the purposes of effectively implementing s.

23  914.25, any state or local law enforcement agency, state

24  attorney, or the statewide prosecutor may provide written

25  notification to an agency as defined in s. 119.011 or to a

26  business entity operating under contract with, licensed by, or

27  having any other business relationship with an agency, or

28  providing services pursuant to s. 914.25, that information

29  described in subsection (1) held by that agency or business is

30  confidential and exempt from public disclosure. The state or

31  local law enforcement agency, state attorney, or the statewide

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 285

    688-192-02






  1  prosecutor providing such written notification shall also

  2  provide written notification to the agency or business as to

  3  when, in accordance with this section, identity and location

  4  information exempted pursuant to paragraphs (1)(a) and (b) can

  5  be made publicly available.

  6

  7  This section is subject to the Open Government Sunset Review

  8  Act of 1995 in accordance with s. 119.15, and shall stand

  9  repealed on October 2, 2002, unless reviewed and saved from

10  repeal through reenactment by the Legislature.

11         Section 2.  This act shall take effect October 1, 2002.

12

13            *****************************************

14                          HOUSE SUMMARY

15
      Reenacts the public records exemption for certain
16    information regarding a victim or witness who has been
      identified or certified for protective services or
17    relocation services, and removes the October 2, 2002,
      repeal thereof scheduled under the Open Government Sunset
18    Review Act of 1995.

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.