Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 450 Ì576030pÎ576030 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/13/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Brandes) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (6) is added to section 901.40, 6 Florida Statutes, as created by SB 448, 2017 Regular Session, to 7 read: 8 901.40 Prearrest diversion programs.— 9 (6) PUBLIC RECORDS EXEMPTION.—The personal identifying 10 information of an adult who participates in a prearrest 11 diversion program, as encouraged by this section, is exempt from 12 s. 119.07(1), and s. 24(a), Art. I of the State Constitution. 13 This subsection is subject to the Open Government Sunset Review 14 Act in accordance with s. 119.15 and shall stand repealed on 15 October 2, 2022, unless reviewed and saved from such repeal 16 through reenactment by the Legislature. 17 Section 2. The Legislature finds that it is a public 18 necessity that the personal identifying information of an adult 19 who participates in a prearrest diversion program be exempt from 20 s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the 21 State Constitution. The goal of such programs is to give a 22 second chance to adults who commit misdemeanor offenses and 23 allow them the opportunity to avoid having an arrest record. If 24 the personal identifying information of such adults were not 25 exempt from disclosure, it would defeat the program's goal of 26 giving adults who commit misdemeanor offenses a means to avoid 27 the negative consequences of an arrest and prosecution. If such 28 information were able to be obtained by the public, the 29 disclosure might negatively impact the effectiveness of the 30 program. For these reasons, the Legislature finds that it is a 31 public necessity that the personal identifying information of an 32 adult who participates in a prearrest diversion program be 33 exempt from public records requirements. 34 Section 3. This act shall take effect on the same date 35 that SB 448 or similar legislation takes effect, if such 36 legislation is adopted in the same legislative session or an 37 extension thereof and becomes a law. 38 39 ================= T I T L E A M E N D M E N T ================ 40 And the title is amended as follows: 41 Delete everything before the enacting clause 42 and insert: 43 A bill to be entitled 44 An act relating to public records; amending s. 901.40, 45 F.S.; providing that the personal identifying 46 information of an adult who participates in a 47 prearrest diversion program is exempt from public 48 record requirements; providing for future review and 49 repeal of the exemption; providing a statement of 50 public necessity; providing a contingent effective 51 date.