Florida Senate - 2018 SENATOR AMENDMENT
Bill No. SB 1940
Ì172090~Î172090
LEGISLATIVE ACTION
Senate . House
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Senator Galvano moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 25 - 77
4 and insert:
5 (6) The identity of the reporting party received through
6 the mobile suspicious activity reporting tool and held by the
7 department, law enforcement agencies, or school officials is
8 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
9 of the State Constitution. Any other information received
10 through the mobile suspicious activity reporting tool and held
11 by the department, law enforcement agencies, or school officials
12 is exempt from s. 119.07(1) and s. 24(a), Art. I of the State
13 Constitution. This subsection is subject to the Open Government
14 Sunset Review Act in accordance with s. 119.15 and shall stand
15 repealed on October 2, 2023, unless reviewed and saved from
16 repeal through reenactment by the Legislature.
17 Section 2. Present subsection (8) of section 943.687,
18 Florida Statutes, as created by SB 7026, 2018 Regular Session,
19 is renumbered as subsection (9), and a new subsection (8) is
20 added to that section, to read:
21 943.687 Marjory Stoneman Douglas High School Public Safety
22 Commission.—
23 (8) Any portion of a meeting of the Marjory Stoneman
24 Douglas High School Public Safety Commission at which exempt or
25 confidential and exempt information is discussed is exempt from
26 s. 286.011 and s. 24(b), 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28 in accordance with s. 119.15 and shall stand repealed on October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, 2023, unless reviewed and saved from repeal through
30 reenactment by the Legislature.
31 Section 3. Subsection (4) is added to section 1006.12,
32 Florida Statutes, as amended by SB 7026, 2018 Regular Session,
33 to read:
34 1006.12 Safe-school officers at each public school.—
35 (4) Any information that would identify whether a
36 particular individual has been appointed as a safe-school
37 officer pursuant to this section held by a law enforcement
38 agency, school district, or charter school is exempt from s.
39 119.07(1) and s. 24(a), Art. I of the State Constitution. This
40 subsection is subject to the Open Government Sunset Review Act
41 in accordance with s. 119.15 and shall stand repealed on October
42 2, 2023, unless reviewed and saved from repeal through
43 reenactment by the Legislature.
44 Section 4. (1) The Legislature finds that it is a public
45 necessity that the identity of a person reporting unsafe,
46 potentially harmful, dangerous, violent, or criminal activities,
47 or the threat of these activities, received through the mobile
48 suspicious activity reporting tool and held by the Department of
49 Law Enforcement, a law enforcement agency, or school officials,
50 be made confidential and exempt from s. 119.07(1), Florida
51 Statutes, and s. 24(a), Article I of the State Constitution, if
52 the reporting person provides his or her identity. The public
53 records exemption for the identity of those individuals
54 reporting potentially harmful or threatening activities as part
55 of the School Safety Awareness Program encourages individuals to
56 act and not be fearful that their identity will be revealed.
57 Without the public records exemption, individuals reporting such
58 activities might be less willing to report their knowledge of
59 these possible activities to the appropriate authorities out of
60 fear. Ensuring their identity is protected will encourage
61 reporting, which could lead to law enforcement or other
62 appropriate agencies intervening before an incident of mass
63 violence occurs.
64 (2) The Legislature also finds that it is a public
65 necessity that any other information received through the mobile
66 suspicious activity reporting tool through the School Safety
67 Awareness Program and held by the Department of Law Enforcement,
68 law enforcement agencies, or school officials be made exempt
69 from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
70 the State Constitution. The public records exemption for any
71 other information received through the mobile suspicious
72 activity reporting tool protects information of a sensitive
73 personal nature that, if disclosed, could be embarrassing.
74 Without the public records exemption, individuals reporting such
75 activities might be less willing to report their knowledge of
76 these possible activities to the appropriate authorities out of
77 fear and concern for their safety. The public records exemption
78 will encourage reporting, which could lead to law enforcement or
79 other appropriate agencies intervening before an incident of
80 mass violence occurs. The public records exemption is also
81 needed to protect the privacy of other individuals who are
82 included in the report. After a report is made, law enforcement
83 may find the report to be unfounded. For these reasons, the
84 Legislature finds that it is a public necessity to protect any
85 other information reported through the mobile suspicious
86 activity reporting tool.
87
88 ================= T I T L E A M E N D M E N T ================
89 And the title is amended as follows:
90 Delete lines 3 - 5
91 and insert:
92 amending s. 943.082, F.S.; providing exemptions from
93 public records requirements for the identity of a
94 reporting party and any information received through
95 the mobile suspicious activity reporting tool which is
96 held by the Department of Law Enforcement, law
97 enforcement agencies, or school officials; amending