Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 350
Ì465530~Î465530
LEGISLATIVE ACTION
Senate . House
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The Committee on Governmental Oversight and Accountability
(Grall) 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) "Family member" means a spouse, child, parent or legal
12 guardian, or sibling. This term does not include the accused.
13 (II) "Officer" means any full-time, part-time, or auxiliary
14 law enforcement officer, correctional officer, or correctional
15 probation officer certified under s. 943.13.
16 (III) "Victim" means a person who suffers direct or
17 threatened physical, psychological, or financial harm as a
18 result of the commission or attempted commission of a crime or
19 delinquent act or against whom the crime or delinquent act is
20 committed. The term does not include the accused.
21 b.(I) Any portion of a public record document that reveals
22 the identity, including the name or personal identification
23 number, home or employment telephone number, home or employment
24 address, or personal assets of a the victim, or any other
25 information that could be used to locate, intimidate, harass, or
26 abuse the victim, which of a crime and identifies that person as
27 the victim of a crime, and which is a public record that is
28 generated or document is received by any agency that regularly
29 generates or receives information from or concerning the victims
30 of crime, is exempt from s. 119.07(1) and s. 24(a), Art. I of
31 the State Constitution.
32 (II) Any portion of a public record that reveals the
33 identity, including name or personal identification number, home
34 or employment telephone number, home or employment address, or
35 personal assets of the lawful representative, family member, or
36 next of kin of the person identified as a victim by the public
37 record, or any other information that could be used to locate,
38 intimidate, harass, or abuse such persons, and which is a public
39 record that is generated or received by any agency that
40 regularly generates or receives information from or concerning
41 the victims of crime, is exempt from s. 119.07(1) and s. 24(a),
42 Art. I of the State Constitution. This exemption does not apply
43 to the accused, or to a lawful representative, family member, or
44 next of kin of a victim upon a showing that the interest of such
45 person would be in actual or potential conflict with the
46 interests of the victim.
47 (III) Notwithstanding sub-sub-subparagraph (2)(j)1.b.(I),
48 the portion of a public record exempted under sub-subparagraph
49 (2)(j)1.b.(I) which contains the name of an officer who became a
50 victim in the course and scope of the officer's employment or
51 official duties is exempt from s. 119.07(1) and s. 24(a), Art. I
52 of the State Constitution only for the first 60 days after the
53 incident in which the officer became a victim. After the 60-day
54 period, the portion of a public record which contains the name
55 of an officer who became a victim in the course and scope of his
56 or her employment or official duties and which identifies him or
57 her as a victim is no longer exempt.
58 (IV) This sub-subparagraph is subject to the Open
59 Government Sunset Review Act in accordance with s. 119.15 and
60 shall stand repealed on October 2, 2031, unless reviewed and
61 saved from repeal through reenactment by the Legislature. If,
62 after review, this sub-subparagraph is not reenacted, the text
63 of this sub-subparagraph shall revert to that in existence on
64 June 30, 2026, except that any amendments to this sub
65 subparagraph enacted other than by this act shall be preserved
66 and continue to operate to the extent that such amendments are
67 not dependent upon the amendments to the sub-subparagraph made
68 by this act.
69 c. Any information not otherwise held confidential or
70 exempt from s. 119.07(1) which reveals the home or employment
71 telephone number, home or employment address, or personal assets
72 of a person who has been the victim of sexual battery,
73 aggravated child abuse, aggravated stalking, harassment,
74 aggravated battery, or domestic violence is exempt from s.
75 119.07(1) and s. 24(a), Art. I of the State Constitution, upon
76 written request by the victim, which must include official
77 verification that an applicable crime has occurred. Such
78 information shall cease to be exempt 5 years after the receipt
79 of the written request.
80 d. Any state or federal agency that is authorized to have
81 access to such documents by any provision of law shall be
82 granted such access in the furtherance of such agency’s
83 statutory duties, notwithstanding this section.
84 2.a. Any information in a videotaped statement of a minor
85 who is alleged to be or who is a victim of sexual battery, lewd
86 acts, or other sexual misconduct proscribed in chapter 800 or in
87 s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s.
88 847.0133, or s. 847.0145, which reveals that minor’s identity,
89 including, but not limited to, the minor’s face; the minor’s
90 home, school, church, or employment telephone number; the
91 minor’s home, school, church, or employment address; the name of
92 the minor’s school, church, or place of employment; or the
93 personal assets of the minor; and which identifies that minor as
94 the victim of a crime described in this subparagraph, held by a
95 law enforcement agency, is confidential and exempt from s.
96 119.07(1) and s. 24(a), Art. I of the State Constitution. Any
97 governmental agency that is authorized to have access to such
98 statements by any provision of law shall be granted such access
99 in the furtherance of the agency’s statutory duties,
100 notwithstanding the provisions of this section.
101 b. A public employee or officer who has access to a
102 videotaped statement of a minor who is alleged to be or who is a
103 victim of sexual battery, lewd acts, or other sexual misconduct
104 proscribed in chapter 800 or in s. 794.011, s. 827.071, s.
105 847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145
106 may not willfully and knowingly disclose videotaped information
107 that reveals the minor’s identity to a person who is not
108 assisting in the investigation or prosecution of the alleged
109 offense or to any person other than the defendant, the
110 defendant’s attorney, or a person specified in an order entered
111 by the court having jurisdiction of the alleged offense. A
112 person who violates this provision commits a misdemeanor of the
113 first degree, punishable as provided in s. 775.082 or s.
114 775.083.
115 Section 2. Section 2. (1) The Legislature finds that it
116 is a public necessity that the following information held by an
117 agency that regularly generates or receives information from or
118 concerning victims of crime be made exempt from s. 119.07(1),
119 Florida Statutes, and s. 24(a), Article I of the State
120 Constitution:
121 (a) The portions of public records that identify a person
122 as a victim of a crime, or any other information that could be
123 used to locate, intimidate, harass, or abuse a victim.
124 (b) The portions of public records that reveal the identity
125 of the lawful representative, family member, or next of kin of a
126 person identified as a victim by the public record, or any other
127 information that could be used to locate, intimidate, harass, or
128 abuse such persons.
129 (2) Victims, their lawful representative, family member,
130 and next of kin, have a right to be free from intimidation,
131 harassment, and abuse. Community attention is often piqued when
132 a person becomes a victim, which may lead to the undue intrusion
133 into the person's privacy, as well as his or her family members,
134 legal representative, or next of kin. The identifying
135 information of such persons could be used to further traumatize
136 the them. The risk of additional harm or harassment outweighs
137 any public benefit that may be derived from the public
138 disclosure of such information. The Legislature also finds that
139 the release of such portions of records may deter crime victims
140 from cooperating with law enforcement and reporting criminal
141 acts based on a victim's fear of additional retaliation or
142 attention. This exemption is narrowly tailored to balance the
143 public's right to access public records by allowing the release
144 of the name of a law enforcement officer who becomes a victim
145 within the course and scope of his or her employment or duties
146 60 days after the incident. The risk of additional harm or
147 harassment outweighs any public benefit that may be derived from
148 the public disclosure of such information.
149 Section 3. This act shall take effect July 1, 2026.
150
151 ================= T I T L E A M E N D M E N T ================
152 And the title is amended as follows:
153 Delete everything before the enacting clause
154 and insert:
155 A bill to be entitled
156 An act relating to public records; amending s.
157 119.071, F.S.; defining terms; expanding a public
158 records exemption for crime victims to include the
159 name and personal identification number of a victim
160 and any other information that could be used to
161 locate, intimidate, harass, or abuse the victim;
162 providing that such exemption includes the portions of
163 records generated by any agency that regularly
164 generates or receives information from or concerning
165 victims of crime; providing for a public records
166 exemption for the identity of a victim's family
167 member, lawful representative, or next of kin and any
168 other information that could be used to locate,
169 intimidate, harass, or abuse these individuals;
170 providing that such exemption includes the portions of
171 records generated by any agency that regularly
172 generates or receives information from or concerning
173 victims of crime and that the record identifies the
174 person as a family member, lawful representative, or
175 next of kin of a person identified as a victim of
176 crime in the record; providing for the release of the
177 portion of a record which contains the name of a law
178 enforcement officer and which identifies him or her as
179 a victim of crime in specified circumstances is exempt
180 after 60 days; providing for future legislative review
181 and repeal of the exemptions; providing a statement of
182 public necessity; providing an effective date.