Senate Bill sb0394

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    Florida Senate - 2002                                   SB 394

    By the Committee on Criminal Justice





    307-252-02

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         914.27, F.S.; providing an exemption from

  4         public-records requirements for certain

  5         information regarding a victim or witness who

  6         has been identified or certified for protective

  7         services or relocation services; abrogating the

  8         repeal of the exemption scheduled under the

  9         Open Government Sunset Review Act of 1995;

10         clarifying provisions; providing an effective

11         date.

12

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

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15         Section 1.  Section 914.27, Florida Statutes, is

16  amended to read:

17         914.27  Confidentiality of victim and witness

18  information.--

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

20  enforcement agency, state attorney, the statewide prosecutor,

21  the Victim and Witness Protection Review Committee created

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

23  which discloses:

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

25  who has been identified or certified for protective protection

26  or relocation services by the state attorney or statewide

27  prosecutor pursuant to s. 914.25;

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

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

30  certified pursuant to s. 914.25;

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    Florida Senate - 2002                                   SB 394
    307-252-02




  1         (c)  Relocation sites, techniques, or procedures

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

  3  protective protection services afforded by s. 914.25; or

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

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

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

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

  8  prosecution giving rise to certification for protective

  9  protection or relocation services pursuant to s. 914.25;

10

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

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

13  information may be shared by law enforcement agencies, state

14  attorneys, and the statewide prosecutor to facilitate the

15  protective protection or relocation services provided pursuant

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

17  state attorneys and the statewide prosecutor.  Any information

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

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

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

21  protective services under s. 914.25 and is later denied

22  certification, but is not certified to receive such services

23  by the state attorney or statewide prosecutor, the identity

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

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

26  by law.

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

28  services, information made confidential and exempt from public

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

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

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

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    Florida Senate - 2002                                   SB 394
    307-252-02




  1  unless the state attorney or statewide prosecutor making such

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

  3         (4)  The certifying state attorney or statewide

  4  prosecutor may state in writing to the Victim and Witness

  5  Protection Review Committee established pursuant to s. 943.031

  6  that even though certification for participation in the victim

  7  or witness protective service protection program is about to

  8  expire, disclosure of information made confidential and exempt

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

10  constitute an unwarranted risk to, or jeopardizes the safety

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

12  witnesses.  Accordingly, the confidential and exempt status of

13  such information shall continue until the certifying state

14  attorney or statewide prosecutor determines that disclosure of

15  the information would not constitute an unwarranted risk to,

16  or jeopardize the safety of, such persons any person, and

17  provides written notification to that effect to the Victim and

18  Witness Protection Review Committee.

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

20  914.25, any state or local law enforcement agency, state

21  attorney, or the statewide prosecutor may provide written

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

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

24  having any other business relationship with an agency, or

25  providing services pursuant to s. 914.25, that information

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

27  confidential and exempt from public disclosure. The state or

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

29  prosecutor providing such written notification shall also

30  provide written notification to the agency or business as to

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

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    Florida Senate - 2002                                   SB 394
    307-252-02




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

  2  be made publicly available.

  3

  4  This section is subject to the Open Government Sunset Review

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

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

  7  repeal through reenactment by the Legislature.

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

  9

10            *****************************************

11                          SENATE SUMMARY

12    Abrogates the repeal scheduled under the Open Government
      Sunset Review Act of 1995 of s. 914.27, F.S., that
13    provides an exemption from public records requirements
      for certain information regarding a victim or witness who
14    has been identified or certified for protective services
      or relocation services. Clarifies provisions.
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