Florida Senate - 2025 COMMITTEE AMENDMENT Bill No. SB 1266 Ì542628:Î542628 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/01/2025 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Gruters) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (j) of subsection (2) of section 6 119.071, Florida Statutes, is amended to read: 7 119.071 General exemptions from inspection or copying of 8 public records.— 9 (2) AGENCY INVESTIGATIONS.— 10 (j)1.a. For purposes of this subparagraph, the term: 11 (I) “Employing agency head” means an elected or appointed 12 head official of an employing agency as defined in s. 943.10(4) 13 who is certified under s. 943.13. 14 (II) “Officer” means any full-time, part-time, or auxiliary 15 law enforcement officer, correctional officer, or correctional 16 probation officer certified under s. 943.13. 17 (III) “Use of force incident” means any incident that 18 occurs within the scope of an officer’s employment or official 19 duties and involves the officer’s use of deadly force as defined 20 in s. 776.06, or any other use of force that results in great 21 bodily harm. 22 (IV) “Victim” means a person who suffers direct or 23 threatened physical, psychological, or financial harm as a 24 result of the commission or attempted commission of a crime or 25 delinquent act or against whom the crime or delinquent act is 26 committed. The term includes the victim’s lawful representative, 27 the parent or guardian of a minor, or the next of kin of a 28 homicide victim, except upon a showing that the interest of such 29 person would be in actual or potential conflict with the 30 interests of the victim. The term does not include the accused. 31 b. Any public recorddocumentthat reveals the identity, 32 including the name or personal identification number, home or 33 employment telephone number, home or employment address, or 34 personal assets of the victim, or any other information or 35 records that could be used to locate, intimidate, harass, or 36 abuse the victim or the victim’s family,of a crime and37identifies that person as the victim of a crime,which public 38 record is generated ordocument isreceived by any agency that 39 regularly generates or receives information from or concerning 40 the victims of crime, is confidential and exempt from s. 41 119.07(1) and s. 24(a), Art. I of the State Constitution. 42 (I) A victim may waive the exemption or confidentiality of 43 this subparagraph at any time in writing. 44 (II) The confidential information shall be released as 45 needed in furtherance of any judicial proceeding at a court’s 46 discretion. The court may not deny a criminal defendant access 47 to the information if the denial would interfere with the 48 defendant’s constitutional rights. Those who are entitled to 49 access confidential information as part of any judicial 50 proceeding may not reveal to any outside party any confidential 51 information obtained under this subparagraph except as is 52 reasonably necessary to prepare a defense and pursue legal 53 remedies. 54 (III) This subparagraph does not restrict the contempt 55 powers of any court or a court’s inherent authority to regulate 56 the conduct of the parties in any judicial proceeding. 57 (IV) This sub-subparagraph is subject to the Open 58 Government Sunset Review Act in accordance with s. 119.15 and 59 shall stand repealed on October 2, 2030, unless reviewed and 60 saved from repeal through reenactment by the Legislature. If, 61 after review, this sub-subparagraph is not reenacted, the text 62 of this sub-subparagraph shall revert to that in existence on 63 June 30, 2025, except that any amendments to this sub 64 subparagraph enacted other than by this act shall be preserved 65 and continue to operate to the extent that such amendments are 66 not dependent upon the amendments to the sub-subparagraph made 67 by this act. 68 c. Any information not otherwise held confidential or 69 exempt from s. 119.07(1) which reveals the home or employment 70 telephone number, home or employment address, or personal assets 71 of a person who has been the victim of sexual battery, 72 aggravated child abuse, aggravated stalking, harassment, 73 aggravated battery, or domestic violence is exempt from s. 74 119.07(1) and s. 24(a), Art. I of the State Constitution, upon 75 written request by the victim, which must include official 76 verification that an applicable crime has occurred. Such 77 information shall cease to be exempt 5 years after the receipt 78 of the written request. 79 d. Any state or federal agency that is authorized to have 80 access to such documents by any provision of law shall be 81 granted such access in the furtherance of such agency’s 82 statutory duties, notwithstanding this section. 83 e.(I) Any public record that reveals the identity, 84 including the name or personal identification number, home or 85 cellular telephone number, home address, personal assets, or any 86 other information that could be used to locate, intimidate, 87 harass, or abuse any officer who is involved in a use of force 88 incident is confidential and exempt from s. 119.07(1) and s. 89 24(a), Art. I of the State Constitution for a period of 72 hours 90 immediately following the use of force incident. Upon the 91 expiration of the 72-hour period, the officer’s identity shall 92 be subject to s. 119.07(1) unless the employing agency head 93 determines it is necessary to extend the confidentiality of any 94 public record that reveals the officer’s identity and 95 identifying information. 96 (II) The employing agency head may extend the 97 confidentiality of any public record that reveals the officer’s 98 identity beyond the 72-hour period if he or she determines it is 99 necessary. An employing agency head may make written findings to 100 disseminate to the public explaining the necessity of the 101 extension. 102 (III) The exemption or confidentiality may be extended 103 until the employing agency head determines that there is no 104 further necessity for the confidentiality of any public record 105 that reveals the officer’s identity to remain. The employing 106 agency head must consider the applicable officer’s circumstances 107 and, upon the officer’s request, consult with the officer, to 108 determine if an extension is necessary. If an extension was 109 granted after the original 72-hour period, and the employing 110 agency head subsequently determines that the officer is no 111 longer entitled to the protection of his or her identity, the 112 employing agency head must give notice to the officer 5 days 113 before the release of any public record that reveals the 114 officer’s identity. 115 (IV) An officer may waive the exemption or confidentiality 116 of this sub-subparagraph at any time in writing. 117 (V) This sub-subparagraph is subject to the Open Government 118 Sunset Review Act in accordance with s. 119.15 and shall stand 119 repealed on October 2, 2030, unless reviewed and saved from 120 repeal through reenactment by the Legislature. 121 2.a. Any information in a videotaped statement of a minor 122 who is alleged to be or who is a victim of sexual battery, lewd 123 acts, or other sexual misconduct proscribed in chapter 800 or in 124 s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s. 125 847.0133, or s. 847.0145, which reveals that minor’s identity, 126 including, but not limited to, the minor’s face; the minor’s 127 home, school, church, or employment telephone number; the 128 minor’s home, school, church, or employment address; the name of 129 the minor’s school, church, or place of employment; or the 130 personal assets of the minor; and which identifies that minor as 131 the victim of a crime described in this subparagraph, held by a 132 law enforcement agency, is confidential and exempt from s. 133 119.07(1) and s. 24(a), Art. I of the State Constitution. Any 134 governmental agency that is authorized to have access to such 135 statements by any provision of law shall be granted such access 136 in the furtherance of the agency’s statutory duties, 137 notwithstanding the provisions of this section. 138 b. A public employee or officer who has access to a 139 videotaped statement of a minor who is alleged to be or who is a 140 victim of sexual battery, lewd acts, or other sexual misconduct 141 proscribed in chapter 800 or in s. 794.011, s. 827.071, s. 142 847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145 143 may not willfully and knowingly disclose videotaped information 144 that reveals the minor’s identity to a person who is not 145 assisting in the investigation or prosecution of the alleged 146 offense or to any person other than the defendant, the 147 defendant’s attorney, or a person specified in an order entered 148 by the court having jurisdiction of the alleged offense. A 149 person who violates this provision commits a misdemeanor of the 150 first degree, punishable as provided in s. 775.082 or s. 151 775.083. 152 Section 2. The Legislature finds that s. 16(b), Article I 153 of the State Constitution mandates that crime victims have a 154 right to be free from intimidation, harassment, and abuse and 155 that it is a public necessity that information or records that 156 may be used to locate, intimidate, harass, or abuse crime 157 victims be made confidential and exempt under s. 119.071, 158 Florida Statutes, and s. 24(a), Article I of the State 159 Constitution. The Legislature also finds that the release of 160 such records or documents may deter crime victims or the 161 families of crime victims from cooperating with law enforcement 162 and reporting criminal acts. The Legislature further finds that 163 the harm that may result from the release of such personal 164 identifying and location information outweighs any public 165 benefit that may be derived from the disclosure of the 166 information. 167 Section 3. This act shall take effect July 1, 2025. 168 169 ================= T I T L E A M E N D M E N T ================ 170 And the title is amended as follows: 171 Delete everything before the enacting clause 172 and insert: 173 A bill to be entitled 174 An act relating to public records; amending s. 175 119.071, F.S.; providing definitions; expanding a 176 public records exemption for crime victims to include 177 the name and personal identification number of the 178 victim and any other information or records that could 179 be used to locate, intimidate, harass, or abuse a 180 victim or the victim’s family; providing that such 181 exemption includes records generated by any agency 182 that regularly generates information from or 183 concerning the victims of crime; providing an 184 exception to the public records exemption; providing 185 that certain records identifying law enforcement 186 officers who are involved in a use of force incident 187 are confidential and exempt for a specified timeframe; 188 providing requirements for extending such timeframe; 189 authorizing waivers of the exemptions; providing for 190 future legislative review and repeal of the 191 exemptions; providing a statement of public necessity; 192 providing an effective date.