Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 686 Ì351510eÎ351510 LEGISLATIVE ACTION Senate . House Comm: RS . 04/03/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Baxley) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (l) is added to subsection (5) of 6 section 119.071, Florida Statutes, to read: 7 119.071 General exemptions from inspection or copying of 8 public records.— 9 (5) OTHER PERSONAL INFORMATION.— 10 (l)1. For purposes of this paragraph, the term: 11 a. “Electronic mail address” has the same meaning as in s. 12 668.602. 13 b. “Internet identifier” has the same meaning as in s. 14 775.21. 15 2. Electronic mail addresses and Internet identifiers of 16 sexual predators or sexual offenders reported pursuant to s. 17 775.21, s. 943.0435, s. 944.606, s. 944.607, s. 985.481, or s. 18 985.4815 are exempt from s. 119.07(1) and s. 24(a), Art. I of 19 the State Constitution unless otherwise ordered by a court. This 20 exemption applies to records held before, on, or after the 21 effective date of this act. 22 3. This paragraph does not prohibit a law enforcement 23 agency from confirming that an electronic mail address or 24 Internet identifier reported pursuant to s. 775.21, s. 943.0435, 25 s. 944.606, s. 944.607, s. 985.481, or s. 985.4815 is registered 26 in the Department of Law Enforcement sexual offender and sexual 27 predator registry. 28 4. This paragraph is subject to the Open Government Sunset 29 Review Act in accordance with s. 119.15 and shall stand repealed 30 on October 2, 2022, unless reviewed and saved from repeal 31 through reenactment by the Legislature. 32 Section 2. (1) The Legislature finds that it is a public 33 necessity that the electronic mail addresses and Internet 34 identifiers of sexual offenders and sexual predators required to 35 be reported pursuant to s. 775.21, s. 943.0435, s. 944.606, s. 36 944.607, s. 985.481, or s. 985.4815, Florida Statutes, be made 37 exempt from s. 119.071(1), Florida Statutes, and s. 24(a), 38 Article I of the State Constitution. The Legislature finds that 39 the exemption strikes an important balance between the 40 government’s legitimate interest in protecting the public and a 41 sexual offender’s or sexual predator’s right of free speech 42 under the First Amendment to the United States Constitution. The 43 exemption maintains the ability of members of the public to 44 confirm whether an Internet identifier with which they are 45 communicating is associated with or is contained in the sexual 46 offender and sexual predator registry without providing the 47 personal identifying information of the individual who 48 registered the Internet identifier. This allows members of the 49 public to access an important tool to make informed decisions 50 regarding communicating with sexual offenders or sexual 51 predators through commercial social networking sites. 52 Additionally, this allows criminal justice agencies to have the 53 necessary tools to investigate crimes and fight against the 54 growing epidemic of sexual offenses that occur online. 55 (2) The Legislature recognizes the importance of protecting 56 rights provided in the First Amendment to the United States 57 Constitution for all citizens while ensuring criminal justice 58 agencies have the tools necessary to protect our citizens. If 59 the ability to collect this information were prevented, it would 60 greatly disrupt the ability of criminal justice agencies to use 61 these essential tools in combatting the prevalent problem of 62 online sexual exploitation of children. The requirement for 63 sexual offenders and sexual predators to register their 64 electronic mail addresses and Internet identifiers has been an 65 important tool for criminal justice agencies in combatting the 66 exploitation of minors. Commercial social networking sites are 67 widely used among youth and adults for introduction, 68 communication, and publication of personal details that may be 69 exploited. Studies have shown a nexus between commercial social 70 networking sites and Internet sex crimes. For these reasons, the 71 Legislature finds that it is a public necessity that the 72 electronic mail addresses and Internet identifiers that are 73 required to be reported by sexual offenders and sexual predators 74 pursuant to ss. 775.21, 943.0435, 944.606, 944.607, 985.481, and 75 985.4815, Florida Statutes, be exempt from public record 76 requirements. 77 Section 3. The Division of Law Revision and Information is 78 directed to replace the phrase “the effective date of this act” 79 whenever it occurs in this act with the date the act becomes a 80 law. 81 Section 4. This act shall take effect on the same date that 82 SB 684 or similar legislation takes effect, if such legislation 83 is adopted in the same legislative session or an extension 84 thereof and becomes a law. 85 86 ================= T I T L E A M E N D M E N T ================ 87 And the title is amended as follows: 88 Delete everything before the enacting clause 89 and insert: 90 A bill to be entitled 91 An act relating to public records; amending s. 92 119.071, F.S.; providing definitions; requiring that 93 electronic mail addresses and Internet identifiers of 94 sexual predators or sexual offenders reported pursuant 95 to specified laws be exempt from public record 96 requirements unless otherwise ordered by a court; 97 providing applicability; providing construction; 98 providing for future review and repeal of the 99 exemption; providing a statement of public necessity; 100 providing a directive to the Division of Law Revision 101 and Information; providing a contingent effective 102 date.