Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SPB 7024 Ì442744/Î442744 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (Galvano and Benacquisto) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (o) is added to subsection (2) of 6 section 119.071, Florida Statutes, to read: 7 119.071 General exemptions from inspection or copying of 8 public records.— 9 (2) AGENCY INVESTIGATIONS.— 10 (o) The address of a victim of an incident of mass violence 11 is exempt from s. 119.07(1) and s. 24(a), Art. I of the State 12 Constitution. For purposes of this paragraph, the term “incident 13 of mass violence” means an incident in which three or more 14 people, not including the perpetrator, are severely injured or 15 killed by an intentional act of violence of another. For 16 purposes of this paragraph, the term “victim” means a person 17 killed or injured during an incident of mass violence, not 18 including the perpetrator. This paragraph is subject to the Open 19 Government Sunset Review Act in accordance with s. 119.15 and 20 shall stand repealed on October 2, 2023, unless reviewed and 21 saved from repeal through reenactment by the Legislature. 22 Section 2. Paragraph (c) of subsection (3) of section 23 119.011, Florida Statutes, is amended to read: 24 119.011 Definitions.—As used in this chapter, the term: 25 (3) 26 (c) “Criminal intelligence information” and “criminal 27 investigative information” shall not include: 28 1. The time, date, location, and nature of a reported 29 crime. 30 2. The name, sex, age, and address of a person arrested or 31 of the victim of a crime except as provided in s. 119.071(2)(h) 32 or (o). 33 3. The time, date, and location of the incident and of the 34 arrest. 35 4. The crime charged. 36 5. Documents given or required by law or agency rule to be 37 given to the person arrested, except as provided in s. 38 119.071(2)(h) or (m), and, except that the court in a criminal 39 case may order that certain information required by law or 40 agency rule to be given to the person arrested be maintained in 41 a confidential manner and exempt from the provisions of s. 42 119.07(1) until released at trial if it is found that the 43 release of such information would: 44 a. Be defamatory to the good name of a victim or witness or 45 would jeopardize the safety of such victim or witness; and 46 b. Impair the ability of a state attorney to locate or 47 prosecute a codefendant. 48 6. Informations and indictments except as provided in s. 49 905.26. 50 Section 3. The Legislature finds that it is a public 51 necessity that the address of victims of an incident of mass 52 violence be made exempt from s. 119.07(1), Florida Statutes, and 53 s. 24(a), Article I of the State Constitution. After an incident 54 of mass violence has occurred, victims of such an incident are 55 in a vulnerable state as they assist law enforcement with the 56 investigation of the incident and try to recover from the events 57 that occurred. In some instances, the victim may have been 58 killed or injured leaving their families to deal with the 59 aftermath of the crime. The public availability of such victim’s 60 address may be used to locate the victim or the victim’s family. 61 The availability of such information has allowed people to take 62 advantage of the victims or their families by subjecting the 63 victims or their families to media intrusions at their homes and 64 other unwelcome intrusions into their privacy. Therefore, it is 65 necessary that the address of victims of incidents of mass 66 violence be protected to ensure that persons affected by such 67 incidents are not harassed, taken advantage of, or otherwise 68 subjected to additional pain and suffering. 69 Section 4. This act shall take effect upon becoming a law. 70 71 ================= T I T L E A M E N D M E N T ================ 72 And the title is amended as follows: 73 Delete everything before the enacting clause 74 and insert: 75 A bill to be entitled 76 An act relating to public records; amending s. 77 119.071, F.S.; creating an exemption from public 78 records requirements for the address of a victim of an 79 incident of mass violence; providing definitions; 80 providing for future legislative review and repeal of 81 the exemption; amending s. 119.011, F.S.; designating 82 the address of a victim of an incident of mass 83 violence as criminal intelligence information and 84 criminal investigative information; providing a 85 statement of public necessity; providing an effective 86 date.