CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. SB 404

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator Williams moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 1, between lines 20 and 21,

15

16  insert:

17         Section 2.  Section 945.10, Florida Statutes, is

18  amended to read:

19         945.10  Confidential information; illegal acts;

20  penalties.--

21         (1)  Except as otherwise provided by law or in this

22  section, the following records and information of the

23  Department of Corrections are confidential and exempt from the

24  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

25  Constitution:

26         (a)  Mental health, medical, or substance abuse records

27  of an inmate or an offender.

28         (b)  Preplea, pretrial intervention, presentence or

29  postsentence investigative records.

30         (c)  Information regarding a person in the federal

31  witness protection program.

                                  1
    8:59 AM   04/28/98                                s0404c-04c7t




                                                  SENATE AMENDMENT

    Bill No. SB 404

    Amendment No.    





 1         (d)  Parole Commission records which are confidential

 2  or exempt from public disclosure by law.

 3         (e)  Information which if released would jeopardize a

 4  person's safety.

 5         (f)  Information concerning a victim's statement and

 6  identity.

 7         (g)  The identity of an executioner.

 8         (h)  Records that are otherwise confidential or exempt

 9  from public disclosure by law.

10         (2)  The records and information specified in

11  paragraphs (1)(b)-(h) may be released as follows unless

12  expressly prohibited by federal law:

13         (a)  Information specified in paragraphs (1)(b), (d),

14  and (f) to the Office of the Governor, the Legislature, the

15  Parole Commission, the Department of Health and Rehabilitative

16  Services, a private correctional facility or program that

17  operates under a contract, the Department of Legal Affairs, a

18  state attorney, the court, or a law enforcement agency. A

19  request for records or information pursuant to this paragraph

20  need not be in writing.

21         (b)  Information specified in paragraphs (1)(c), (e),

22  and (h) to the Office of the Governor, the Legislature, the

23  Parole Commission, the Department of Health and Rehabilitative

24  Services, a private correctional facility or program that

25  operates under contract, the Department of Legal Affairs, a

26  state attorney, the court, or a law enforcement agency. A

27  request for records or information pursuant to this paragraph

28  must be in writing and a statement provided demonstrating a

29  need for the records or information.

30         (c)  Information specified in paragraph (1)(b) to an

31  attorney representing an inmate under sentence of death,

                                  2
    8:59 AM   04/28/98                                s0404c-04c7t




                                                  SENATE AMENDMENT

    Bill No. SB 404

    Amendment No.    





 1  except those portions of the records containing a victim's

 2  statement or address, or the statement or address of a

 3  relative of the victim. A request for records of information

 4  pursuant to this paragraph must be in writing and a statement

 5  provided demonstrating a need for the records or information.

 6         (d)  Information specified in paragraph (1)(b) to a

 7  public defender representing a defendant, except those

 8  portions of the records containing a victim's statement or

 9  address, or the statement or address of a relative of the

10  victim. A request for records or information pursuant to this

11  paragraph need not be in writing.

12         (e)  Information specified in paragraph (1)(b) to state

13  or local governmental agencies. A request for records or

14  information pursuant to this paragraph must be in writing and

15  a statement provided demonstrating a need for the records or

16  information.

17         (f)  Information specified in paragraph (1)(b) to a

18  person conducting legitimate research. A request for records

19  and information pursuant to this paragraph must be in writing,

20  the person requesting the records or information must sign a

21  confidentiality agreement, and the department must approve the

22  request in writing.

23

24  Records and information released under this subsection remain

25  confidential and exempt from the provisions of s. 119.07(1)

26  and s. 24(a), Art. I of the State Constitution when held by

27  the receiving person or entity.

28         (3)  Due to substantial concerns regarding

29  institutional security and unreasonable and excessive demands

30  on personnel and resources if an inmate or an offender has

31  unlimited or routine access to records of the Department of

                                  3
    8:59 AM   04/28/98                                s0404c-04c7t




                                                  SENATE AMENDMENT

    Bill No. SB 404

    Amendment No.    





 1  Corrections, an inmate or an offender who is under the

 2  jurisdiction of the department may not have unrestricted

 3  access to the department's records or to information contained

 4  in the department's records. However, except as to another

 5  inmate's or offender's records, the department may permit

 6  limited access to its records if an inmate or an offender

 7  makes a written request and demonstrates an exceptional need

 8  for information contained in the department's records and the

 9  information is otherwise unavailable. Exceptional

10  circumstances include, but are not limited to:

11         (a)  The inmate or offender requests documentation to

12  resolve a conflict between the inmate's court documentation

13  and the commitment papers or court orders received by the

14  department regarding the inmate or offender.

15         (b)  The inmate's or offender's release is forthcoming

16  and a prospective employer requests, in writing, documentation

17  of the inmate's or offender's work performance.

18         (c)  The inmate or offender needs information

19  concerning the amount of victim restitution paid during the

20  inmate's or offender's incarceration.

21         (d)  The requested records contain information required

22  to process an application or claim by the inmate or offender

23  with the Internal Revenue Service, the Social Security

24  Administration, the Department of Labor and Employment

25  Security, or any other similar application or claim with a

26  state agency or federal agency.

27         (e)  The inmate or offender wishes to obtain the

28  current address of a relative whose address is in the

29  department's records and the relative has not indicated a

30  desire not to be contacted by the inmate or offender.

31         (f)  Other similar circumstances that do not present a

                                  4
    8:59 AM   04/28/98                                s0404c-04c7t




                                                  SENATE AMENDMENT

    Bill No. SB 404

    Amendment No.    





 1  threat to the security, order, or rehabilitative objectives of

 2  the correctional system or to any person's safety.

 3         (4)  The Department of Corrections shall adopt rules to

 4  prevent disclosure of confidential records or information to

 5  unauthorized persons.

 6         (5)  The Department of Corrections and the Parole

 7  Commission shall mutually cooperate with respect to

 8  maintaining the confidentiality of records that are exempt

 9  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

10  the State Constitution.

11         (6)(a)  As used in this subsection:

12         1.  The term "personal information about another

13  person" means the home addresses, telephone numbers, social

14  security numbers, and photographs of health care clinicians of

15  the Department of Corrections who are licensed or certified

16  pursuant to chapter 458, chapter 459, chapter 464, chapter

17  465, chapter 466, or chapter 490 and of educational personnel

18  of the Department of Corrections who are certified pursuant to

19  s. 231.17 and of other state officers and employees whose

20  duties are performed in whole or in part in state correctional

21  institutions; the home addresses, telephone numbers, social

22  security numbers, photographs, and places of employment of the

23  spouses and children of such persons; and the names and

24  locations of schools and day care facilities attended by the

25  children of such persons.

26         2.  The terms "another person" and "such person" mean

27  any person described in subparagraph 1.

28         3.  The term "harass" means engaging in a course of

29  conduct directed at another person which causes substantial

30  emotional distress to such person and serves no legitimate

31  purpose.

                                  5
    8:59 AM   04/28/98                                s0404c-04c7t




                                                  SENATE AMENDMENT

    Bill No. SB 404

    Amendment No.    





 1         (b)  An inmate or offender in the correctional system

 2  or under correctional supervision, whether on parole,

 3  probation, postrelease supervision, or any other form of

 4  supervision, is prohibited from disclosing or using personal

 5  information about another person with the intent to obtain a

 6  benefit from, harass, harm, or defraud such person. Any inmate

 7  or offender who violates this section commits a felony of the

 8  third degree, punishable as provided in s. 775.082, s.

 9  775.083, or s. 775.084.

10         (c)  An inmate or offender who has been convicted of an

11  offense under paragraph (b) is prohibited from subsequently

12  participating in any correctional work or other correctional

13  program that provides inmates or offenders with access to

14  personal information about persons who are not in the

15  correctional system or under correctional supervision. If,

16  during a term of imprisonment, an inmate or offender is

17  convicted of the offense under paragraph (b), the inmate or

18  offender shall be subject to forfeiture of all or any part of

19  his or her gain-time pursuant to rules adopted by the

20  department. The department may adopt rules to prohibit the

21  subsequent participation of an inmate who has been convicted

22  of an offense under paragraph (b) in any correctional work or

23  other correctional program that provides inmates access to

24  personal information about another person. The department may

25  also adopt rules to implement the forfeiture or deletion of

26  gain-time.

27

28  (Redesignate subsequent sections.)

29

30

31

                                  6
    8:59 AM   04/28/98                                s0404c-04c7t




                                                  SENATE AMENDMENT

    Bill No. SB 404

    Amendment No.    





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 1, line 4, after the semicolon

 4

 5  insert:

 6         amending s. 945.10, F.S., relating to

 7         confidential information and other information

 8         available to inmates and offenders in the

 9         correctional system or under supervision;

10         defining terms; prohibiting certain disclosure

11         or use of certain "personal information about

12         another person," as defined, by an inmate or

13         offender with intent to obtain a benefit from,

14         harass, harm, or defraud such person; providing

15         penalties; providing that an inmate or offender

16         convicted of such offense is prohibited from

17         subsequent participation in correctional work

18         programs or other programs; providing that an

19         inmate or offender convicted of such offense is

20         subject to forfeiture of gain-time; providing

21         for adoption of rules by the department;

22

23

24

25

26

27

28

29

30

31

                                  7
    8:59 AM   04/28/98                                s0404c-04c7t