Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 686
       
       
       
       
       
       
                                Ì351510eÎ351510                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  04/03/2017           .                                
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       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   29  Review Act in accordance with s. 119.15 and shall stand repealed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.