Florida Senate - 2025 CS for CS for SB 1266
By the Committees on Rules; and Criminal Justice; and Senator
Gruters
595-03669-25 20251266c2
1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.071, F.S.; providing definitions; expanding a
4 public records exemption for crime victims to include
5 the name and personal identification number of the
6 victim and any other information or records that could
7 be used to locate, intimidate, harass, or abuse a
8 victim or the victim’s family; providing that such
9 exemption includes records generated by any agency
10 that regularly generates information from or
11 concerning the victims of crime; providing that
12 certain records identifying law enforcement officers
13 who are involved in a use of force incident are
14 confidential and exempt for a specified timeframe;
15 providing requirements for extending such timeframe;
16 providing for future legislative review and repeal of
17 the exemptions; providing a statement of public
18 necessity; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Paragraph (j) of subsection (2) of section
23 119.071, Florida Statutes, is amended to read:
24 119.071 General exemptions from inspection or copying of
25 public records.—
26 (2) AGENCY INVESTIGATIONS.—
27 (j)1.a. For purposes of this subparagraph, the term:
28 (I) “Employing agency head” means an elected or appointed
29 head official of an employing agency as defined in s. 943.10(4)
30 who is certified under s. 943.13.
31 (II) “Officer” means any full-time, part-time, or auxiliary
32 law enforcement officer, correctional officer, or correctional
33 probation officer certified under s. 943.13.
34 (III) “Use of force incident” means any incident that
35 occurs within the scope of an officer’s employment or official
36 duties and involves the officer’s use of deadly force as defined
37 in s. 776.06, or any other use of force that results in great
38 bodily harm.
39 (IV) “Victim” means a person who suffers direct or
40 threatened physical, psychological, or financial harm as a
41 result of the commission or attempted commission of a crime or
42 delinquent act or against whom the crime or delinquent act is
43 committed. The term includes the victim’s lawful representative,
44 the parent or guardian of a minor, or the next of kin of a
45 homicide victim, except upon a showing that the interest of such
46 person would be in actual or potential conflict with the
47 interests of the victim. The term does not include the accused.
48 b.(I) Any public record document that reveals the identity,
49 including the name or personal identification number, home or
50 employment telephone number, home or employment address, or
51 personal assets of the victim, or any other information or
52 records that could be used to locate, intimidate, harass, or
53 abuse the victim or the victim’s family of a crime and
54 identifies that person as the victim of a crime, which public
55 record is generated or document is received by any agency that
56 regularly generates or receives information from or concerning
57 the victims of crime, is exempt from s. 119.07(1) and s. 24(a),
58 Art. I of the State Constitution.
59 (II) This sub-subparagraph is subject to the Open
60 Government Sunset Review Act in accordance with s. 119.15 and
61 shall stand repealed on October 2, 2030, unless reviewed and
62 saved from repeal through reenactment by the Legislature. If,
63 after review, this sub-subparagraph is not reenacted, the text
64 of this sub-subparagraph shall revert to that in existence on
65 June 30, 2025, except that any amendments to this sub
66 subparagraph enacted other than by this act shall be preserved
67 and continue to operate to the extent that such amendments are
68 not dependent upon the amendments to the sub-subparagraph made
69 by this act.
70 c. Any information not otherwise held confidential or
71 exempt from s. 119.07(1) which reveals the home or employment
72 telephone number, home or employment address, or personal assets
73 of a person who has been the victim of sexual battery,
74 aggravated child abuse, aggravated stalking, harassment,
75 aggravated battery, or domestic violence is exempt from s.
76 119.07(1) and s. 24(a), Art. I of the State Constitution, upon
77 written request by the victim, which must include official
78 verification that an applicable crime has occurred. Such
79 information shall cease to be exempt 5 years after the receipt
80 of the written request.
81 d. Any state or federal agency that is authorized to have
82 access to such documents by any provision of law shall be
83 granted such access in the furtherance of such agency’s
84 statutory duties, notwithstanding this section.
85 e.(I) Any public record that reveals the identity,
86 including the name or personal identification number, home or
87 cellular telephone number, home address, personal assets, or any
88 other information that could be used to locate, intimidate,
89 harass, or abuse any officer who is involved in a use of force
90 incident is confidential and exempt from s. 119.07(1) and s.
91 24(a), Art. I of the State Constitution for a period of 72 hours
92 immediately following the use of force incident. Upon the
93 expiration of the 72-hour period, the officer’s identity shall
94 be subject to s. 119.07(1) unless the employing agency head
95 determines it is necessary to extend the confidentiality of any
96 public record that reveals the officer’s identity and
97 identifying information.
98 (II) The employing agency head may extend the
99 confidentiality of any public record that reveals the officer’s
100 identity beyond the 72-hour period if he or she determines it is
101 necessary. An employing agency head must make written findings
102 to disseminate to the public explaining the necessity of the
103 extension.
104 (III) The exemption or confidentiality may be extended
105 until the employing agency head determines that there is no
106 further necessity for the confidentiality of any public record
107 that reveals the officer’s identity to remain. The employing
108 agency head must consider the applicable officer’s circumstances
109 and, upon the officer’s request, consult with the officer, to
110 determine if an extension is necessary. If an extension was
111 granted after the original 72-hour period, and the employing
112 agency head subsequently determines that the officer is no
113 longer entitled to the protection of his or her identity, the
114 employing agency head must give notice to the officer 5 days
115 before the release of any public record that reveals the
116 officer’s identity.
117 (IV) This sub-subparagraph is subject to the Open
118 Government Sunset Review Act in accordance with s. 119.15 and
119 shall stand repealed on October 2, 2030, unless reviewed and
120 saved from 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 exempt under s. 119.07(1), Florida Statutes, and
158 s. 24(a), Article I of the State Constitution. The Legislature
159 finds that the release of such information or records may deter
160 crime victims or the families of crime victims from cooperating
161 with law enforcement and reporting criminal acts. Additionally,
162 the Legislature finds it is a public necessity that information
163 or records that may be used to locate, intimidate, harass, or
164 abuse officers involved in use of force incidents be made
165 confidential and exempt for up to 72 hours, unless an extension
166 is found necessary, under s. 119.07(1), Florida Statutes, and s.
167 24(a), Article I of the State Constitution. The Legislature
168 finds that officers involved in use of force incidents may be
169 victimized as a result of such incident, and that the immediate
170 release of such information or records may place such officers
171 at risk. The Legislature further finds that the harm that may
172 result from the release of such information or records outweighs
173 any public benefit that may be derived from the disclosure of
174 the information.
175 Section 3. This act shall take effect July 1, 2025.