Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 550
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/21/2017           .                                

       The Committee on Criminal Justice (Bracy) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 17 - 43
    4  and insert:
    5         Section 1. Paragraph (c) of subsection (3) of section
    6  119.011, Florida Statutes, is amended to read:
    7         119.011 Definitions.—As used in this chapter, the term:
    8         (3)
    9         (c) “Criminal intelligence information” and “criminal
   10  investigative information” shall not include:
   11         1. The time, date, location, and nature of a reported
   12  crime.
   13         2. The name, sex, age, and address of a person arrested or
   14  of the victim of a crime except as provided in s. 119.071(2)(h).
   15         3. The time, date, and location of the incident and of the
   16  arrest.
   17         4. The crime charged.
   18         5. Documents given or required by law or agency rule to be
   19  given to the person arrested, except as provided in s.
   20  119.071(2)(h) or (2)(m), and, except that the court in a
   21  criminal case may order that certain information required by law
   22  or agency rule to be given to the person arrested be maintained
   23  in a confidential manner and exempt from the provisions of s.
   24  119.07(1) until released at trial if it is found that the
   25  release of such information would:
   26         a. Be defamatory to the good name of a victim or witness or
   27  would jeopardize the safety of such victim or witness; and
   28         b. Impair the ability of a state attorney to locate or
   29  prosecute a codefendant.
   30         6. Informations and indictments except as provided in s.
   31  905.26.
   32         Section 2. Paragraph (m) is added to subsection (2) of
   33  section 119.071, Florida Statutes, to read:
   34         119.071 General exemptions from inspection or copying of
   35  public records.—
   36         (2) AGENCY INVESTIGATIONS.—
   37         (m)1. Criminal intelligence information or criminal
   38  investigative information that reveals the personal identifying
   39  information of a witness to a murder, as described in s. 782.04,
   40  is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
   41  I of the State Constitution for 2 years after the date on which
   42  the murder is observed by the witness. A criminal justice agency
   43  may disclose such information:
   44         a.In the furtherance of its official duties and
   45  responsibilities.
   46         b.To assist in locating or identifying the witness if the
   47  agency believes the witness to be missing or endangered.
   48         c.To another governmental agency for use in the
   49  performance of its official duties and responsibilities.
   50         2.This paragraph is subject to the Open Government Sunset
   51  Review Act in accordance with s. 119.15 and shall stand repealed
   52  on October 2, 2022, unless reviewed and saved from repeal
   53  through reenactment by the Legislature.
   54         Section 3. Paragraph (h) of subsection (1) of section
   55  119.0714, Florida Statutes, is amended to read:
   56         119.0714 Court files; court records; official records.—
   57         (1) COURT FILES.—Nothing in this chapter shall be construed
   58  to exempt from s. 119.07(1) a public record that was made a part
   59  of a court file and that is not specifically closed by order of
   60  court, except:
   61         (h) Criminal intelligence information or criminal
   62  investigative information that is confidential and exempt as
   63  provided in s. 119.071(2)(h) or (2)(m).
   65  ================= T I T L E  A M E N D M E N T ================
   66  And the title is amended as follows:
   67         Delete lines 3 - 4
   68  and insert:
   69         119.011, F.S.; providing that the personal identifying
   70         information of a witness to a murder remains
   71         confidential and exempt for a specified period;
   72         amending s. 119.071, F.S.; providing an exemption from
   73         public records requirements for criminal intelligence
   74         or criminal investigative information that reveals the
   75         personal identifying