Florida Senate - 2017                       CS for CS for SB 550
       
       
        
       By the Committees on Judiciary; and Criminal Justice; and
       Senator Bracy
       
       
       
       
       590-02190-17                                           2017550c2
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.011, F.S.; providing that the personal identifying
    4         information of a witness to a murder remains
    5         confidential and exempt for a specified period;
    6         amending s. 119.071, F.S.; providing an exemption from
    7         public records requirements for criminal intelligence
    8         or criminal investigative information that reveals the
    9         personal identifying information of a witness to a
   10         murder for a specified period; authorizing specified
   11         entities and parties to receive the information;
   12         providing for future legislative review and repeal of
   13         the exemption; amending s. 119.0714, F.S.; providing
   14         that the public records exemption applies to personal
   15         identifying information of a witness to a murder that
   16         is made part of a court file; providing a statement of
   17         public necessity; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraph (c) of subsection (3) of section
   22  119.011, Florida Statutes, is amended to read:
   23         119.011 Definitions.—As used in this chapter, the term:
   24         (3)
   25         (c) “Criminal intelligence information” and “criminal
   26  investigative information” shall not include:
   27         1. The time, date, location, and nature of a reported
   28  crime.
   29         2. The name, sex, age, and address of a person arrested or
   30  of the victim of a crime except as provided in s. 119.071(2)(h).
   31         3. The time, date, and location of the incident and of the
   32  arrest.
   33         4. The crime charged.
   34         5. Documents given or required by law or agency rule to be
   35  given to the person arrested, except as provided in s.
   36  119.071(2)(h) or (2)(m), and, except that the court in a
   37  criminal case may order that certain information required by law
   38  or agency rule to be given to the person arrested be maintained
   39  in a confidential manner and exempt from the provisions of s.
   40  119.07(1) until released at trial if it is found that the
   41  release of such information would:
   42         a. Be defamatory to the good name of a victim or witness or
   43  would jeopardize the safety of such victim or witness; and
   44         b. Impair the ability of a state attorney to locate or
   45  prosecute a codefendant.
   46         6. Informations and indictments except as provided in s.
   47  905.26.
   48         Section 2. Paragraph (m) is added to subsection (2) of
   49  section 119.071, Florida Statutes, to read:
   50         119.071 General exemptions from inspection or copying of
   51  public records.—
   52         (2) AGENCY INVESTIGATIONS.—
   53         (m)1. Criminal intelligence information or criminal
   54  investigative information that reveals the personal identifying
   55  information of a witness to a murder, as described in s. 782.04,
   56  is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
   57  I of the State Constitution for 2 years after the date on which
   58  the murder is observed by the witness. A criminal justice agency
   59  may disclose such information:
   60         a. In the furtherance of its official duties and
   61  responsibilities.
   62         b. To assist in locating or identifying the witness if the
   63  agency believes the witness to be missing or endangered.
   64         c. To another governmental agency for use in the
   65  performance of its official duties and responsibilities.
   66         d. To the parties in a pending criminal prosecution as
   67  required by law.
   68         2. This paragraph is subject to the Open Government Sunset
   69  Review Act in accordance with s. 119.15 and shall stand repealed
   70  on October 2, 2022, unless reviewed and saved from repeal
   71  through reenactment by the Legislature.
   72         Section 3. Paragraph (h) of subsection (1) of section
   73  119.0714, Florida Statutes, is amended to read:
   74         119.0714 Court files; court records; official records.—
   75         (1) COURT FILES.—Nothing in this chapter shall be construed
   76  to exempt from s. 119.07(1) a public record that was made a part
   77  of a court file and that is not specifically closed by order of
   78  court, except:
   79         (h) Criminal intelligence information or criminal
   80  investigative information that is confidential and exempt as
   81  provided in s. 119.071(2)(h) or (2)(m).
   82         Section 4. The Legislature finds that it is a public
   83  necessity that personal identifying information of a witness to
   84  a murder, as described in s. 782.04, Florida Statutes, be made
   85  confidential and exempt from s. 119.07(1), Florida Statutes, and
   86  s. 24(a), Article I of the State Constitution for 2 years after
   87  the date on which the murder is observed by the witness. The
   88  judicial system cannot function without the participation of
   89  witnesses. Complete cooperation and truthful testimony of
   90  witnesses is essential to the determination of the facts of a
   91  case. The public disclosure of personal identifying information
   92  of a witness to a murder could have an undesirable chilling
   93  effect on witnesses stepping forward and providing their
   94  eyewitness accounts of murders. A witness to a murder may be
   95  unwilling to cooperate fully with law enforcement officers if
   96  the witness knows his or her personal identifying information
   97  can be made publicly available. A witness may be less likely to
   98  call a law enforcement officer and report a murder if his or her
   99  personal identifying information is made available in connection
  100  with the murder that is being reported or under investigation.
  101  The Legislature further finds that a witness could become the
  102  subject of intimidation tactics or threats by the perpetrator of
  103  the murder if the witness’s personal identifying information is
  104  publicly available. For these reasons, the Legislature finds
  105  that it is a public necessity that the personal identifying
  106  information of a witness to a murder, as described in s. 782.04,
  107  Florida Statutes, be made confidential and exempt from public
  108  record requirements.
  109         Section 5. This act shall take effect July 1, 2017.