Florida Senate - 2017 CS for CS for SB 450 By the Committees on Governmental Oversight and Accountability; and Criminal Justice; and Senator Brandes 585-02942-17 2017450c2 1 A bill to be entitled 2 An act relating to public records; amending s. 901.40, 3 F.S.; providing that the personal identifying 4 information of an adult participating in a civil 5 citation or prearrest diversion program is exempt from 6 public records requirements; providing applicability; 7 providing for future review and repeal of the 8 exemption; providing for retroactive application; 9 providing a statement of public necessity; providing a 10 contingent effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Subsection (6) is added to section 901.40, 15 Florida Statutes, as created by SB 448, 2017 Regular Session, to 16 read: 17 901.40 Prearrest diversion programs.— 18 (6) PUBLIC RECORDS EXEMPTION.—The personal identifying 19 information of an adult participating in a civil citation or 20 prearrest diversion program is exempt from s. 119.07(1) and s. 21 24(a), Art. I of the State Constitution. The exemption does not 22 apply to the personal identifying information of an adult who 23 fails to complete the civil citation or prearrest diversion 24 program. This exemption applies to personal identifying 25 information held by a law enforcement agency, a program services 26 provider, or the entity operating an adult civil citation or 27 prearrest diversion program before, on, or after the effective 28 date of this exemption. This subsection is subject to the Open 29 Government Sunset Review Act in accordance with s. 119.15 and 30 shall stand repealed on October 2, 2022, unless reviewed and 31 saved from such repeal through reenactment by the Legislature. 32 Section 2. The Legislature finds that it is a public 33 necessity that the personal identifying information of an adult 34 participating in a civil citation or prearrest diversion program 35 is exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 36 Article I of the State Constitution. The exemption does not 37 apply to the personal identifying information of an adult who 38 fails to complete the civil citation or prearrest diversion 39 program. The goal of such programs is to give a second chance to 40 adults who commit misdemeanor offenses and allow them the 41 opportunity to avoid having an arrest record. If the personal 42 identifying information of such adults were not exempt from 43 disclosure, it would defeat the program’s goal of giving adults 44 who commit misdemeanor offenses a means to avoid the negative 45 consequences of an arrest and prosecution. If such information 46 were able to be obtained by the public, the disclosure might 47 negatively impact the effectiveness of the program. For these 48 reasons, the Legislature finds that it is a public necessity 49 that the personal identifying information of an adult 50 participating in a civil citation or prearrest diversion program 51 is exempt from public records requirements. 52 Section 3. This act shall take effect on the same date that 53 SB 448 or similar legislation takes effect, if such legislation 54 is adopted in the same legislative session or an extension 55 thereof and becomes a law.