Senate Bill sb0394
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Florida Senate - 2002 SB 394
By the Committee on Criminal Justice
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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.
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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
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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;
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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
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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
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1 information exempted pursuant to paragraphs (1)(a) and (b) can
2 be made publicly available.
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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.
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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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