Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 450
       
       
       
       
       
       
                                Ì480408)Î480408                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/27/2017           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Governmental Oversight and Accountability
       (Brandes) recommended the following:
       
    1         Senate Substitute for Amendment (116034) (with title
    2  amendment)
    3  
    4         Delete lines 18 - 40
    5  and insert:
    6  information of an adult participating in a civil citation or
    7  prearrest diversion program is exempt from s. 119.07(1) and s.
    8  24(a), Art. I of the State Constitution. The exemption shall not
    9  apply to the personal identifying information of an adult who
   10  fails to complete the civil citation or prearrest diversion
   11  program. This exemption applies to personal identifying
   12  information held by a law enforcement agency, a program services
   13  provider, or the entity operating an adult civil citation or
   14  prearrest diversion program before, on, or after the effective
   15  date of this exemption. This subsection is subject to the Open
   16  Government Sunset Review Act in accordance with s. 119.15 and
   17  shall stand repealed on October 2, 2022, unless reviewed and
   18  saved from such repeal through reenactment by the Legislature.
   19         Section 1. The Legislature finds that it is a public
   20  necessity that the personal identifying information of an adult
   21  participating in a civil citation or prearrest diversion program
   22  is exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   23  Article I of the State Constitution. The exemption shall not
   24  apply to the personal identifying information of an adult who
   25  fails to complete the civil citation or prearrest diversion
   26  program. The goal of such programs is to give a second chance to
   27  adults who commit misdemeanor offenses and allow them the
   28  opportunity to avoid having an arrest record. If the personal
   29  identifying information of such adults were not exempt from
   30  disclosure, it would defeat the program’s goal of giving adults
   31  who commit misdemeanor offenses a means to avoid the negative
   32  consequences of an arrest and prosecution. If such information
   33  were able to be obtained by the public, the disclosure might
   34  negatively impact the effectiveness of the program. For these
   35  reasons, the Legislature finds that it is a public necessity
   36  that the personal identifying information of an adult
   37  participating in a civil citation or prearrest diversion program
   38  is
   39  
   40  ================= T I T L E  A M E N D M E N T ================
   41  And the title is amended as follows:
   42         Delete lines 4 - 7
   43  and insert:
   44         information of an adult participating in a civil
   45         citation or prearrest diversion program is exempt from
   46         public records requirements; providing applicability;
   47         providing for future review and repeal of the
   48         exemption; providing for retroactive application;
   49         providing a statement of