Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 1266
       
       
       
       
       
       
                                Ì542628:Î542628                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/01/2025           .                                
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       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 record document that 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 and
   37  identifies that person as the victim of a crime, which public
   38  record is generated or document is received 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.