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This 27 subsection is subject to the Open Government Sunset Review Act 28 in accordance with s. 119.15 and shall stand repealed on October 29 2, 2022, unless reviewed and saved from such repeal through 30 reenactment by the Legislature.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.