ENROLLED 2018 Legislature SB 7024, 1st Engrossed 20187024er 1 2 An act relating to public records; amending s. 3 119.071, F.S.; creating an exemption from public 4 records requirements for the address of a victim of an 5 incident of mass violence; providing definitions; 6 providing for future legislative review and repeal of 7 the exemption; amending s. 119.011, F.S.; designating 8 the address of a victim of an incident of mass 9 violence as criminal intelligence information and 10 criminal investigative information; providing a 11 statement of public necessity; providing an effective 12 date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Paragraph (o) is added to subsection (2) of 17 section 119.071, Florida Statutes, to read: 18 119.071 General exemptions from inspection or copying of 19 public records.— 20 (2) AGENCY INVESTIGATIONS.— 21 (o) The address of a victim of an incident of mass violence 22 is exempt from s. 119.07(1) and s. 24(a), Art. I of the State 23 Constitution. For purposes of this paragraph, the term “incident 24 of mass violence” means an incident in which four or more 25 people, not including the perpetrator, are severely injured or 26 killed by an intentional and indiscriminate act of violence of 27 another. For purposes of this paragraph, the term “victim” means 28 a person killed or injured during an incident of mass violence, 29 not including the perpetrator. This paragraph is subject to the 30 Open Government Sunset Review Act in accordance with s. 119.15 31 and shall stand repealed on October 2, 2023, unless reviewed and 32 saved from repeal through reenactment by the Legislature. 33 Section 2. Paragraph (c) of subsection (3) of section 34 119.011, Florida Statutes, is amended to read: 35 119.011 Definitions.—As used in this chapter, the term: 36 (3) 37 (c) “Criminal intelligence information” and “criminal 38 investigative information” shall not include: 39 1. The time, date, location, and nature of a reported 40 crime. 41 2. The name, sex, age, and address of a person arrested or 42 of the victim of a crime except as provided in s. 119.071(2)(h) 43 or (o). 44 3. The time, date, and location of the incident and of the 45 arrest. 46 4. The crime charged. 47 5. Documents given or required by law or agency rule to be 48 given to the person arrested, except as provided in s. 49 119.071(2)(h) or (m), and, except that the court in a criminal 50 case may order that certain information required by law or 51 agency rule to be given to the person arrested be maintained in 52 a confidential manner and exempt from the provisions of s. 53 119.07(1) until released at trial if it is found that the 54 release of such information would: 55 a. Be defamatory to the good name of a victim or witness or 56 would jeopardize the safety of such victim or witness; and 57 b. Impair the ability of a state attorney to locate or 58 prosecute a codefendant. 59 6. Informations and indictments except as provided in s. 60 905.26. 61 Section 3. The Legislature finds that it is a public 62 necessity that the address of victims of an incident of mass 63 violence be made exempt from s. 119.07(1), Florida Statutes, and 64 s. 24(a), Article I of the State Constitution. After an incident 65 of mass violence has occurred, victims of such an incident are 66 in a vulnerable state as they assist law enforcement with the 67 investigation of the incident and try to recover from the events 68 that occurred. In some instances, the victim may have been 69 killed or injured leaving their families to deal with the 70 aftermath of the crime. The public availability of such victim’s 71 address may be used to locate the victim or the victim’s family. 72 The availability of such information has allowed people to take 73 advantage of the victims or their families by subjecting the 74 victims or their families to media intrusions at their homes and 75 other unwelcome intrusions into their privacy. Therefore, it is 76 necessary that the address of victims of incidents of mass 77 violence be protected to ensure that persons affected by such 78 incidents are not harassed, taken advantage of, or otherwise 79 subjected to additional pain and suffering. 80 Section 4. This act shall take effect upon becoming a law.