Florida Senate - 2018                                    SB 1394
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00500B-18                                          20181394__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 901.40,
    3         F.S.; creating an exemption from public records
    4         requirements for the personal identifying information
    5         of adults who participate in a prearrest diversion
    6         program; providing applicability; providing
    7         retroactive application; providing for future review
    8         and repeal of the exemption; providing a statement of
    9         public necessity; providing a contingent effective
   10         date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (3) is added to section 901.40,
   15  Florida Statutes, as created by SB ____, 2018 Regular Session,
   16  to read:
   17         901.40 Prearrest diversion programs.—
   18         (3) PUBLIC RECORDS EXEMPTION.—The personal identifying
   19  information of an adult participating in a prearrest diversion
   20  program is exempt from s. 119.07(1) and s. 24(a), Art. I of the
   21  State Constitution. The exemption does not apply to the personal
   22  identifying information of an adult who fails to complete the
   23  prearrest diversion program. This exemption applies to personal
   24  identifying information held by a law enforcement agency, a
   25  program services provider, a clerk of the circuit court, or the
   26  entity operating the prearrest diversion program before, on, or
   27  after the effective date of this exemption. This subsection is
   28  subject to the Open Government Sunset Review Act in accordance
   29  with s. 119.15 and shall stand repealed on October 2, 2023,
   30  unless reviewed and saved from such repeal through reenactment
   31  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 prearrest diversion program be exempt from s.
   35  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   36  State Constitution. The exemption does not apply to the personal
   37  identifying information of an adult who fails to complete the
   38  prearrest diversion program. The goal of such programs is to
   39  give a second chance to adults who commit misdemeanor offenses
   40  and allow them the opportunity to avoid having an arrest record.
   41  Such goal would be defeated if the personal identifying
   42  information of such adults were not exempt from disclosure and,
   43  consequently, disclosure of the information would create
   44  negative consequences for these adults. If the public were able
   45  to obtain the personal identifying information of these adults,
   46  the disclosure might adversely impact the prearrest diversion
   47  program. For these reasons, the Legislature finds that it is a
   48  public necessity that the personal identifying information of an
   49  adult participating in a prearrest diversion program be exempt
   50  from public records requirements.
   51         Section 3. This act shall take effect on the same date that
   52  SB ____ or similar legislation takes effect, if such legislation
   53  is adopted in the same legislative session or an extension
   54  thereof and becomes a law.