Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SPB 7024
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Rules (Galvano and Benacquisto) recommended the
    1         Senate Amendment (with title amendment)
    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   20  shall stand repealed on October 2, 2023, unless reviewed and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.
   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.