Florida Senate - 2025                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1266
       
       
       
       
       
       
                                Ì768034'Î768034                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                  Floor: WD            .                                
             04/24/2025 09:04 AM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Grall moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 85 - 174
    4  and insert:
    5         e.(I)The identity of any officer, as defined in s.
    6  943.10(14), who uses deadly force as defined in s. 776.06 or any
    7  force that results in serious bodily injury and who becomes the
    8  victim of a crime in the course and scope of the officer’s
    9  employment or official duties in the same or a related incident
   10  is exempt from the public records law as set forth in sub-sub
   11  subparagraphs (II) and (III).
   12         (II)During the 72 hours immediately following an incident
   13  in which an officer becomes the victim of a crime, the identity
   14  of the officer shall be confidential. At the expiration of the
   15  72-hour period, the officer’s identity shall be subject to
   16  public record laws unless the elected or appointed head of the
   17  officer’s employing agency, as that term is defined in s.
   18  943.10(4), provides written findings setting forth the necessity
   19  for an extension of the confidentiality of the officer’s
   20  identity.
   21         (III)The written findings by the elected or appointed head
   22  of the officer’s employing agency shall state the necessity of
   23  extending the confidentiality of the officer’s identity beyond
   24  the 72-hour period and the written findings must be made public
   25  before the 72-hour period expires. An extension may not exceed
   26  15 days and must contain findings documenting the continued
   27  necessity for the additional extension. Subsequent exemptions
   28  may not exceed 15 days for a total of 30 days.
   29         (IV)This sub-subparagraph is subject to the Open
   30  Government Sunset Review Act in accordance with s. 119.15 and
   31  shall stand repealed on October 2, 2030, unless reviewed and
   32  saved from repeal through reenactment by the Legislature.
   33         2.a. Any information in a videotaped statement of a minor
   34  who is alleged to be or who is a victim of sexual battery, lewd
   35  acts, or other sexual misconduct proscribed in chapter 800 or in
   36  s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s.
   37  847.0133, or s. 847.0145, which reveals that minor’s identity,
   38  including, but not limited to, the minor’s face; the minor’s
   39  home, school, church, or employment telephone number; the
   40  minor’s home, school, church, or employment address; the name of
   41  the minor’s school, church, or place of employment; or the
   42  personal assets of the minor; and which identifies that minor as
   43  the victim of a crime described in this subparagraph, held by a
   44  law enforcement agency, is confidential and exempt from s.
   45  119.07(1) and s. 24(a), Art. I of the State Constitution. Any
   46  governmental agency that is authorized to have access to such
   47  statements by any provision of law shall be granted such access
   48  in the furtherance of the agency’s statutory duties,
   49  notwithstanding the provisions of this section.
   50         b. A public employee or officer who has access to a
   51  videotaped statement of a minor who is alleged to be or who is a
   52  victim of sexual battery, lewd acts, or other sexual misconduct
   53  proscribed in chapter 800 or in s. 794.011, s. 827.071, s.
   54  847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145
   55  may not willfully and knowingly disclose videotaped information
   56  that reveals the minor’s identity to a person who is not
   57  assisting in the investigation or prosecution of the alleged
   58  offense or to any person other than the defendant, the
   59  defendant’s attorney, or a person specified in an order entered
   60  by the court having jurisdiction of the alleged offense. A
   61  person who violates this provision commits a misdemeanor of the
   62  first degree, punishable as provided in s. 775.082 or s.
   63  775.083.
   64         Section 2. The Legislature finds that s. 16(b), Article I
   65  of the State Constitution mandates that crime victims have a
   66  right to be free from intimidation, harassment, and abuse and
   67  that it is a public necessity that information or records that
   68  may be used to locate, intimidate, harass, or abuse crime
   69  victims be made exempt from s. 119.07(1), Florida Statutes, and
   70  s. 24(a), Article I of the State Constitution. The Legislature
   71  further finds that exempting records or documents, which
   72  identify the crime victim, the victim’s family, or any
   73  information that may be used to threaten or harass the victim or
   74  the victim’s family, from s. 119.07(1), Florida Statutes, and s.
   75  24(a), Article I of the State Constitution is a public necessity
   76  to prevent the possibility of further trauma. The Legislature
   77  also finds that the release of such records or documents may
   78  deter crime victims from cooperating with law enforcement and
   79  reporting criminal acts.
   80  
   81  ================= T I T L E  A M E N D M E N T ================
   82  And the title is amended as follows:
   83         Delete lines 13 - 15
   84  and insert:
   85         who use deadly force or force that results in serious
   86         bodily injury and who become crime victims are
   87         confidential for a specified timeframe; providing an
   88         extension of time if certain procedures are followed;