ENROLLED
       2023 Legislature                                  CS for SB 7020
       
       
       
       
       
       
                                                             20237020er
    1  
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 943.082, F.S.;
    4         expanding exemptions from public records requirements
    5         for the identity of a reporting party and any
    6         information received through the mobile suspicious
    7         activity reporting tool to include such information
    8         held by the Department of Education; providing for
    9         retroactivity of the exemption; providing for future
   10         legislative review and repeal; providing statements of
   11         public necessity; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (6) of section 943.082, Florida
   16  Statutes, is amended to read:
   17         943.082 School Safety Awareness Program.—
   18         (6) The identity of the reporting party received through
   19  the mobile suspicious activity reporting tool and held by the
   20  department, the Department of Education, law enforcement
   21  agencies, or school officials is confidential and exempt from s.
   22  119.07(1) and s. 24(a), Art. I of the State Constitution. Any
   23  other information received through the mobile suspicious
   24  activity reporting tool and held by the department, the
   25  Department of Education, law enforcement agencies, or school
   26  officials is exempt from s. 119.07(1) and s. 24(a), Art. I of
   27  the State Constitution. These exemptions apply to any such
   28  records held by these agencies before, on, or after the
   29  effective date of this act. This subsection is subject to the
   30  Open Government Sunset Review Act in accordance with s. 119.15
   31  and shall stand repealed on October 2, 2028 2023, unless
   32  reviewed and saved from repeal through reenactment by the
   33  Legislature.
   34         Section 2. (1) The Legislature finds that it is a public
   35  necessity that the identity of a person reporting unsafe,
   36  potentially harmful, dangerous, violent, or criminal activities,
   37  or the threat of these activities, received through the mobile
   38  suspicious activity reporting tool and held by the Department of
   39  Education be made confidential and exempt from s. 119.07(1),
   40  Florida Statutes, and s. 24(a), Article I of the State
   41  Constitution, if the reporting person provides his or her
   42  identity. The public records exemption for the identity of those
   43  individuals reporting potentially harmful or threatening
   44  activities as part of the School Safety Awareness Program
   45  encourages individuals to act and not be fearful that their
   46  identity will be revealed. Without the public records exemption,
   47  individuals reporting such activities might be less willing to
   48  report their knowledge of these possible activities to the
   49  appropriate authorities out of fear. Ensuring their identity is
   50  protected will encourage reporting, which could lead to law
   51  enforcement or other appropriate agencies intervening before an
   52  incident of mass violence occurs.
   53         (2) The Legislature also finds that it is a public
   54  necessity that any other information received through the mobile
   55  suspicious activity reporting tool through the School Safety
   56  Awareness Program and held by the Department of Education be
   57  made exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   58  Article I of the State Constitution. The public records
   59  exemption for any other information received through the mobile
   60  suspicious activity reporting tool protects information of a
   61  sensitive personal nature that, if disclosed, could be
   62  embarrassing. Without the public records exemption, individuals
   63  reporting such activities might be less willing to report their
   64  knowledge of these possible activities to the appropriate
   65  authorities out of fear and concern for their safety. The public
   66  records exemption will encourage reporting, which could lead to
   67  law enforcement or other appropriate agencies intervening before
   68  an incident of mass violence occurs. The public records
   69  exemption is also needed to protect the privacy of other
   70  individuals who are included in the report. After a report is
   71  made, law enforcement may find the report to be unfounded. For
   72  these reasons, the Legislature finds that it is a public
   73  necessity to protect any other information reported through the
   74  mobile suspicious activity reporting tool.
   75         Section 3. This act shall take effect upon becoming a law.