Florida Senate - 2016                                    SB 1314
       
       
        
       By Senator Dean
       
       5-00902-16                                            20161314__
    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 felony; prohibiting
    6         release of such information to a newspaper; providing
    7         a time limit to the exemption; providing for future
    8         legislative review and repeal of the exemption;
    9         providing a statement of public necessity; providing
   10         an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (m) is added to subsection (2) of
   15  section 119.071, Florida Statutes, to read:
   16         119.071 General exemptions from inspection or copying of
   17  public records.—
   18         (2) AGENCY INVESTIGATIONS.—
   19         (m)1. Notwithstanding any other provision of this
   20  subsection, the personal identifying information of a witness to
   21  a felony is exempt from s. 119.07(1) and s. 24(a), Art. I of the
   22  State Constitution. Such information may not be released to a
   23  newspaper, as that term is described in s. 50.011. This
   24  exemption shall apply to each witness for a period of 2 years
   25  following the commission of the felony observed by the witness.
   26         2. This paragraph is subject to the Open Government Sunset
   27  Review Act in accordance with s. 119.15 and shall stand repealed
   28  on October 2, 2021, unless reviewed and saved from repeal
   29  through reenactment by the Legislature.
   30         Section 2. The Legislature finds that it is a public
   31  necessity that personal identifying information of a witness to
   32  a felony be made exempt from s. 119.07(1), Florida Statutes, and
   33  s. 24(a), Article I of the State Constitution. The judicial
   34  system cannot function without the participation of witnesses.
   35  Complete cooperation and truthful testimony of witnesses are
   36  essential to the determination of the facts of a case. The
   37  public disclosure of personal identifying information of a
   38  witness to a felony, including disclosure to a newspaper as the
   39  term is described in s. 50.011, Florida Statutes, could have a
   40  chilling effect on persons stepping forward and providing their
   41  accounts of felony crimes that have been witnessed. A witness to
   42  a felony may be unwilling to cooperate fully with law
   43  enforcement officers if the witness knows his or her personal
   44  identifying information can be made publicly available. A
   45  witness may be less likely to call a law enforcement officer and
   46  report a crime if his or her personal identifying information is
   47  made available in connection with the felony that is being
   48  reported or under investigation. The Legislature further finds
   49  that a witness could become the subject of intimidation tactics
   50  or threats by the perpetrator of the felony if the witness’s
   51  personal identifying information is publicly available. For
   52  these reasons, the Legislature finds that it is a public
   53  necessity that the personal identifying information of a witness
   54  to a felony be made exempt from public record requirements.
   55         Section 3. This act shall take effect July 1, 2016.