Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for SB 1266
Ì557690>Î557690
LEGISLATIVE ACTION
Senate . House
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The Committee on Rules (Gruters) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 50 - 176
4 and insert:
5 b.(I) Any public record document that reveals the identity,
6 including the name or personal identification number, home or
7 employment telephone number, home or employment address, or
8 personal assets of the victim, or any other information or
9 records that could be used to locate, intimidate, harass, or
10 abuse the victim or the victim’s family of a crime and
11 identifies that person as the victim of a crime, which public
12 record is generated or document is received by any agency that
13 regularly generates or receives information from or concerning
14 the victims of crime, is exempt from s. 119.07(1) and s. 24(a),
15 Art. I of the State Constitution.
16 (II) This sub-subparagraph is subject to the Open
17 Government Sunset Review Act in accordance with s. 119.15 and
18 shall stand repealed on October 2, 2030, unless reviewed and
19 saved from repeal through reenactment by the Legislature. If,
20 after review, this sub-subparagraph is not reenacted, the text
21 of this sub-subparagraph shall revert to that in existence on
22 June 30, 2025, except that any amendments to this sub
23 subparagraph enacted other than by this act shall be preserved
24 and continue to operate to the extent that such amendments are
25 not dependent upon the amendments to the sub-subparagraph made
26 by this act.
27 c. Any information not otherwise held confidential or
28 exempt from s. 119.07(1) which reveals the home or employment
29 telephone number, home or employment address, or personal assets
30 of a person who has been the victim of sexual battery,
31 aggravated child abuse, aggravated stalking, harassment,
32 aggravated battery, or domestic violence is exempt from s.
33 119.07(1) and s. 24(a), Art. I of the State Constitution, upon
34 written request by the victim, which must include official
35 verification that an applicable crime has occurred. Such
36 information shall cease to be exempt 5 years after the receipt
37 of the written request.
38 d. Any state or federal agency that is authorized to have
39 access to such documents by any provision of law shall be
40 granted such access in the furtherance of such agency’s
41 statutory duties, notwithstanding this section.
42 e.(I) Any public record that reveals the identity,
43 including the name or personal identification number, home or
44 cellular telephone number, home address, personal assets, or any
45 other information that could be used to locate, intimidate,
46 harass, or abuse any officer who is involved in a use of force
47 incident is confidential and exempt from s. 119.07(1) and s.
48 24(a), Art. I of the State Constitution for a period of 72 hours
49 immediately following the use of force incident. Upon the
50 expiration of the 72-hour period, the officer’s identity shall
51 be subject to s. 119.07(1) unless the employing agency head
52 determines it is necessary to extend the confidentiality of any
53 public record that reveals the officer’s identity and
54 identifying information.
55 (II) The employing agency head may extend the
56 confidentiality of any public record that reveals the officer’s
57 identity beyond the 72-hour period if he or she determines it is
58 necessary. An employing agency head must make written findings
59 to disseminate to the public explaining the necessity of the
60 extension.
61 (III) The exemption or confidentiality may be extended
62 until the employing agency head determines that there is no
63 further necessity for the confidentiality of any public record
64 that reveals the officer’s identity to remain. The employing
65 agency head must consider the applicable officer’s circumstances
66 and, upon the officer’s request, consult with the officer, to
67 determine if an extension is necessary. If an extension was
68 granted after the original 72-hour period, and the employing
69 agency head subsequently determines that the officer is no
70 longer entitled to the protection of his or her identity, the
71 employing agency head must give notice to the officer 5 days
72 before the release of any public record that reveals the
73 officer’s identity.
74 (IV) This sub-subparagraph is subject to the Open
75 Government Sunset Review Act in accordance with s. 119.15 and
76 shall stand repealed on October 2, 2030, unless reviewed and
77 saved from repeal through reenactment by the Legislature.
78 2.a. Any information in a videotaped statement of a minor
79 who is alleged to be or who is a victim of sexual battery, lewd
80 acts, or other sexual misconduct proscribed in chapter 800 or in
81 s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s.
82 847.0133, or s. 847.0145, which reveals that minor’s identity,
83 including, but not limited to, the minor’s face; the minor’s
84 home, school, church, or employment telephone number; the
85 minor’s home, school, church, or employment address; the name of
86 the minor’s school, church, or place of employment; or the
87 personal assets of the minor; and which identifies that minor as
88 the victim of a crime described in this subparagraph, held by a
89 law enforcement agency, is confidential and exempt from s.
90 119.07(1) and s. 24(a), Art. I of the State Constitution. Any
91 governmental agency that is authorized to have access to such
92 statements by any provision of law shall be granted such access
93 in the furtherance of the agency’s statutory duties,
94 notwithstanding the provisions of this section.
95 b. A public employee or officer who has access to a
96 videotaped statement of a minor who is alleged to be or who is a
97 victim of sexual battery, lewd acts, or other sexual misconduct
98 proscribed in chapter 800 or in s. 794.011, s. 827.071, s.
99 847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145
100 may not willfully and knowingly disclose videotaped information
101 that reveals the minor’s identity to a person who is not
102 assisting in the investigation or prosecution of the alleged
103 offense or to any person other than the defendant, the
104 defendant’s attorney, or a person specified in an order entered
105 by the court having jurisdiction of the alleged offense. A
106 person who violates this provision commits a misdemeanor of the
107 first degree, punishable as provided in s. 775.082 or s.
108 775.083.
109 Section 2. The Legislature finds that s. 16(b), Article I
110 of the State Constitution mandates that crime victims have a
111 right to be free from intimidation, harassment, and abuse and
112 that it is a public necessity that information or records that
113 may be used to locate, intimidate, harass, or abuse crime
114 victims be made exempt under s. 119.07(1),
115
116 ================= T I T L E A M E N D M E N T ================
117 And the title is amended as follows:
118 Delete lines 11 - 17
119 and insert:
120 concerning the victims of crime; providing that
121 certain records identifying law enforcement officers
122 who are involved in a use of force incident are
123 confidential and exempt for a specified timeframe;
124 providing requirements for extending such timeframe;
125 providing for