Florida Senate - 2017                                     SB 550
       
       
        
       By Senator Bracy
       
       11-00666-17                                            2017550__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing an exemption from public
    4         records requirements for personal identifying
    5         information of a witness to a murder for a specified
    6         period; authorizing specified entities to receive the
    7         information; providing for future legislative review
    8         and repeal of the exemption; amending s. 119.0714,
    9         F.S.; providing that the public records exemption
   10         applies to personal identifying information of a
   11         witness to a murder that is made part of a court file;
   12         providing a statement of public necessity; providing
   13         an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (m) is added to subsection (2) of
   18  section 119.071, Florida Statutes, to read:
   19         119.071 General exemptions from inspection or copying of
   20  public records.—
   21         (2) AGENCY INVESTIGATIONS.—
   22         (m)1.Notwithstanding any other provision of this
   23  subsection, the personal identifying information of a witness to
   24  a murder, as described in s. 782.04, is confidential and exempt
   25  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
   26  for 2 years after the date on which the murder is observed by
   27  the witness. The personal identifying information may be
   28  disclosed only to a criminal justice agency or governmental
   29  entity for use in the performance of its official duties and
   30  responsibilities.
   31         2.This paragraph is subject to the Open Government Sunset
   32  Review Act in accordance with s. 119.15 and shall stand repealed
   33  on October 2, 2022, unless reviewed and saved from repeal
   34  through reenactment by the Legislature.
   35         Section 2. Paragraph (k) is added to subsection (1) of
   36  section 119.0714, Florida Statutes, to read:
   37         119.0714 Court files; court records; official records.—
   38         (1) COURT FILES.—Nothing in this chapter shall be construed
   39  to exempt from s. 119.07(1) a public record that was made a part
   40  of a court file and that is not specifically closed by order of
   41  court, except:
   42         (k)Personal identifying information of a witness to a
   43  murder as provided in s. 119.071(2)(m).
   44         Section 3. The Legislature finds that it is a public
   45  necessity that personal identifying information of a witness to
   46  a murder, as described in s. 782.04, Florida Statutes, be made
   47  confidential and exempt from s. 119.07(1), Florida Statutes, and
   48  s. 24(a), Article I of the State Constitution for 2 years after
   49  the date on which the murder is observed by the witness. The
   50  judicial system cannot function without the participation of
   51  witnesses. Complete cooperation and truthful testimony of
   52  witnesses is essential to the determination of the facts of a
   53  case. The public disclosure of personal identifying information
   54  of a witness to a murder could have an undesirable chilling
   55  effect on witnesses stepping forward and providing their
   56  eyewitness accounts of murders. A witness to a murder may be
   57  unwilling to cooperate fully with law enforcement officers if
   58  the witness knows his or her personal identifying information
   59  can be made publicly available. A witness may be less likely to
   60  call a law enforcement officer and report a murder if his or her
   61  personal identifying information is made available in connection
   62  with the murder that is being reported or under investigation.
   63  The Legislature further finds that a witness could become the
   64  subject of intimidation tactics or threats by the perpetrator of
   65  the murder if the witness’s personal identifying information is
   66  publicly available. For these reasons, the Legislature finds
   67  that it is a public necessity that the personal identifying
   68  information of a witness to a murder, as described in s. 782.04,
   69  Florida Statutes, be made confidential and exempt from public
   70  record requirements.
   71         Section 4. This act shall take effect July 1, 2017.