Florida Senate - 2017                                     SB 450
       
       
        
       By Senator Brandes
       
       24-00623-17                                            2017450__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 901.40,
    3         F.S.; requiring that a civil citation, documentation
    4         of a prearrest diversion program, and any other
    5         reports or documents concerning a civil citation or a
    6         prearrest diversion program which are held by a law
    7         enforcement agency, a public or private educational
    8         institution, or a program service provider are exempt
    9         from public record requirements; providing for future
   10         review and repeal of the exemption; providing an
   11         exception; providing a statement of public necessity;
   12         providing a contingent effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (6) is added to section 901.40,
   17  Florida Statutes, as created by SB ____, 2017 Regular Session,
   18  to read:
   19         901.40 Prearrest diversion programs.—
   20         (6) PUBLIC RECORDS EXEMPTION.—A civil citation,
   21  documentation of a prearrest diversion program, and any other
   22  reports or documents concerning a civil citation or a prearrest
   23  diversion program, as encouraged by this section, which are held
   24  by a law enforcement agency, a public or private educational
   25  institution, or a program service provider are exempt from s.
   26  119.07(1), and s. 24(a), Art. I of the State Constitution. This
   27  subsection is subject to the Open Government Sunset Review Act
   28  in accordance with s. 119.15 and shall stand repealed on October
   29  2, 2022, unless reviewed and saved from such repeal through
   30  reenactment by the Legislature. Such exempt information may be
   31  disclosed to law enforcement agencies, public or private
   32  educational institutions, program service providers, authorized
   33  court personnel, state attorneys, and public defenders.
   34         Section 2. The Legislature finds that it is a public
   35  necessity that a civil citation, documentation of a prearrest
   36  diversion program, and any other reports or documents concerning
   37  a civil citation or a prearrest diversion program held by a law
   38  enforcement agency be exempt from s. 119.07(1), Florida
   39  Statutes, and s. 24(a), Article I of the State Constitution. The
   40  goal of the prearrest diversion program is to give a second
   41  chance to adults who commit nonviolent misdemeanor offenses and
   42  allow them the opportunity to avoid having an arrest record. If
   43  the civil citation, documentation of the prearrest diversion
   44  program, and any other reports or documents concerning a civil
   45  citation or prearrest diversion program held by a law
   46  enforcement agency were not exempt from disclosure, it would
   47  defeat the goal of giving adults who commit nonviolent
   48  misdemeanor offenses a means to avoid arrest and prosecution. If
   49  such information were able to be obtained by the public, that
   50  disclosure might negatively impact the effectiveness of the
   51  prearrest diversion program. For these reasons, the Legislature
   52  finds that it is a public necessity that a civil citation,
   53  documentation of a prearrest diversion program, and any other
   54  reports or documents concerning a civil citation or a prearrest
   55  diversion program held by a law enforcement agency be exempt
   56  from public records requirements.
   57         Section 3. This act shall take effect on the same date that
   58  SB ____ or similar legislation takes effect, if such legislation
   59  is adopted in the same legislative session or an extension
   60  thereof and becomes a law.