Florida Senate - 2023                   (PROPOSED BILL) SPB 7020
       
       
        
       FOR CONSIDERATION By the Committee on Education Pre-K -12
       
       
       
       
       
       581-01101A-23                                         20237020pb
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         943.082, F.S.; expanding exemptions from public
    4         records requirements for the identity of a reporting
    5         party and any information received through the mobile
    6         suspicious activity reporting tool to include such
    7         information held by the Department of Education;
    8         providing for future legislative review and repeal;
    9         providing statements of public necessity; providing an
   10         effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (6) of section 943.082, Florida
   15  Statutes, is amended to read:
   16         943.082 School Safety Awareness Program.—
   17         (6) The identity of the reporting party received through
   18  the mobile suspicious activity reporting tool and held by the
   19  department, the Department of Education, law enforcement
   20  agencies, or school officials is confidential and exempt from s.
   21  119.07(1) and s. 24(a), Art. I of the State Constitution. Any
   22  other information received through the mobile suspicious
   23  activity reporting tool and held by the department, the
   24  Department of Education, law enforcement agencies, or school
   25  officials is exempt from s. 119.07(1) and s. 24(a), Art. I of
   26  the State Constitution. This subsection is subject to the Open
   27  Government Sunset Review Act in accordance with s. 119.15 and
   28  shall stand repealed on October 2, 2028 2023, unless reviewed
   29  and saved from repeal through reenactment by the Legislature.
   30         Section 2. (1) The Legislature finds that it is a public
   31  necessity that the identity of a person reporting unsafe,
   32  potentially harmful, dangerous, violent, or criminal activities,
   33  or the threat of these activities, through the mobile suspicious
   34  activity reporting tool and received by the Department of
   35  Education, be made confidential and exempt from s. 119.07(1),
   36  Florida Statutes, and s. 24(a), Article I of the State
   37  Constitution, if the reporting person provides his or her
   38  identity. The public records exemption for the identity of those
   39  individuals reporting potentially harmful or threatening
   40  activities as part of the School Safety Awareness Program
   41  encourages individuals to act and not be fearful that their
   42  identity will be revealed. Without the public records exemption,
   43  individuals reporting such activities might be less willing to
   44  report their knowledge of these possible activities to the
   45  appropriate authorities out of fear. Ensuring their identity is
   46  protected will encourage reporting, which could lead to law
   47  enforcement or other appropriate agencies intervening before an
   48  incident of mass violence occurs.
   49         (2)The Legislature finds that it is a public necessity
   50  that any other information received through the mobile
   51  suspicious activity reporting tool through the School Safety
   52  Awareness Program and held by the Department of Education be
   53  made exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   54  Article I of the State Constitution. The public records
   55  exemption for any other information received through the mobile
   56  suspicious activity reporting tool protects information of a
   57  sensitive personal nature that, if disclosed, could be
   58  embarrassing. Without the public records exemption, individuals
   59  reporting such activities might be less willing to report their
   60  knowledge of these possible activities to the appropriate
   61  authorities out of fear and concern for their safety. The public
   62  records exemption will encourage reporting, which could lead to
   63  law enforcement or other appropriate agencies intervening before
   64  an incident of mass violence occurs. The public records
   65  exemption is also needed to protect the privacy of other
   66  individuals who are included in the report. After a report is
   67  made, law enforcement may find the report to be unfounded. For
   68  these reasons, the Legislature finds that it is a public
   69  necessity to protect any other information reported through the
   70  mobile suspicious activity reporting tool.
   71         Section 3. This act shall take effect upon becoming a law.