Florida Senate - 2018 SB 1394 By Senator Brandes 24-00500B-18 20181394__ 1 A bill to be entitled 2 An act relating to public records; amending s. 901.40, 3 F.S.; creating an exemption from public records 4 requirements for the personal identifying information 5 of adults who participate in a prearrest diversion 6 program; providing applicability; providing 7 retroactive application; providing for future review 8 and repeal of the exemption; providing a statement of 9 public necessity; providing a contingent effective 10 date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Subsection (3) is added to section 901.40, 15 Florida Statutes, as created by SB ____, 2018 Regular Session, 16 to read: 17 901.40 Prearrest diversion programs.— 18 (3) PUBLIC RECORDS EXEMPTION.—The personal identifying 19 information of an adult participating in a prearrest diversion 20 program is exempt from s. 119.07(1) and s. 24(a), Art. I of the 21 State Constitution. The exemption does not apply to the personal 22 identifying information of an adult who fails to complete the 23 prearrest diversion program. This exemption applies to personal 24 identifying information held by a law enforcement agency, a 25 program services provider, a clerk of the circuit court, or the 26 entity operating the prearrest diversion program before, on, or 27 after the effective date of this exemption. This subsection is 28 subject to the Open Government Sunset Review Act in accordance 29 with s. 119.15 and shall stand repealed on October 2, 2023, 30 unless reviewed and saved from such repeal through reenactment 31 by the Legislature. 32 Section 2. The Legislature finds that it is a public 33 necessity that the personal identifying information of an adult 34 participating in a prearrest diversion program be exempt from s. 35 119.07(1), Florida Statutes, and s. 24(a), Article I of the 36 State Constitution. The exemption does not apply to the personal 37 identifying information of an adult who fails to complete the 38 prearrest diversion program. The goal of such programs is to 39 give a second chance to adults who commit misdemeanor offenses 40 and allow them the opportunity to avoid having an arrest record. 41 Such goal would be defeated if the personal identifying 42 information of such adults were not exempt from disclosure and, 43 consequently, disclosure of the information would create 44 negative consequences for these adults. If the public were able 45 to obtain the personal identifying information of these adults, 46 the disclosure might adversely impact the prearrest diversion 47 program. For these reasons, the Legislature finds that it is a 48 public necessity that the personal identifying information of an 49 adult participating in a prearrest diversion program be exempt 50 from public records requirements. 51 Section 3. This act shall take effect on the same date that 52 SB ____ or similar legislation takes effect, if such legislation 53 is adopted in the same legislative session or an extension 54 thereof and becomes a law.