Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1266
Ì542628:Î542628
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/01/2025 .
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The Committee on Criminal Justice (Gruters) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (j) of subsection (2) of section
6 119.071, Florida Statutes, is amended to read:
7 119.071 General exemptions from inspection or copying of
8 public records.—
9 (2) AGENCY INVESTIGATIONS.—
10 (j)1.a. For purposes of this subparagraph, the term:
11 (I) “Employing agency head” means an elected or appointed
12 head official of an employing agency as defined in s. 943.10(4)
13 who is certified under s. 943.13.
14 (II) “Officer” means any full-time, part-time, or auxiliary
15 law enforcement officer, correctional officer, or correctional
16 probation officer certified under s. 943.13.
17 (III) “Use of force incident” means any incident that
18 occurs within the scope of an officer’s employment or official
19 duties and involves the officer’s use of deadly force as defined
20 in s. 776.06, or any other use of force that results in great
21 bodily harm.
22 (IV) “Victim” means a person who suffers direct or
23 threatened physical, psychological, or financial harm as a
24 result of the commission or attempted commission of a crime or
25 delinquent act or against whom the crime or delinquent act is
26 committed. The term includes the victim’s lawful representative,
27 the parent or guardian of a minor, or the next of kin of a
28 homicide victim, except upon a showing that the interest of such
29 person would be in actual or potential conflict with the
30 interests of the victim. The term does not include the accused.
31 b. Any public record document that reveals the identity,
32 including the name or personal identification number, home or
33 employment telephone number, home or employment address, or
34 personal assets of the victim, or any other information or
35 records that could be used to locate, intimidate, harass, or
36 abuse the victim or the victim’s family, of a crime and
37 identifies that person as the victim of a crime, which public
38 record is generated or document is received by any agency that
39 regularly generates or receives information from or concerning
40 the victims of crime, is confidential and exempt from s.
41 119.07(1) and s. 24(a), Art. I of the State Constitution.
42 (I) A victim may waive the exemption or confidentiality of
43 this subparagraph at any time in writing.
44 (II) The confidential information shall be released as
45 needed in furtherance of any judicial proceeding at a court’s
46 discretion. The court may not deny a criminal defendant access
47 to the information if the denial would interfere with the
48 defendant’s constitutional rights. Those who are entitled to
49 access confidential information as part of any judicial
50 proceeding may not reveal to any outside party any confidential
51 information obtained under this subparagraph except as is
52 reasonably necessary to prepare a defense and pursue legal
53 remedies.
54 (III) This subparagraph does not restrict the contempt
55 powers of any court or a court’s inherent authority to regulate
56 the conduct of the parties in any judicial proceeding.
57 (IV) This sub-subparagraph is subject to the Open
58 Government Sunset Review Act in accordance with s. 119.15 and
59 shall stand repealed on October 2, 2030, unless reviewed and
60 saved from repeal through reenactment by the Legislature. If,
61 after review, this sub-subparagraph is not reenacted, the text
62 of this sub-subparagraph shall revert to that in existence on
63 June 30, 2025, except that any amendments to this sub
64 subparagraph enacted other than by this act shall be preserved
65 and continue to operate to the extent that such amendments are
66 not dependent upon the amendments to the sub-subparagraph made
67 by this act.
68 c. Any information not otherwise held confidential or
69 exempt from s. 119.07(1) which reveals the home or employment
70 telephone number, home or employment address, or personal assets
71 of a person who has been the victim of sexual battery,
72 aggravated child abuse, aggravated stalking, harassment,
73 aggravated battery, or domestic violence is exempt from s.
74 119.07(1) and s. 24(a), Art. I of the State Constitution, upon
75 written request by the victim, which must include official
76 verification that an applicable crime has occurred. Such
77 information shall cease to be exempt 5 years after the receipt
78 of the written request.
79 d. Any state or federal agency that is authorized to have
80 access to such documents by any provision of law shall be
81 granted such access in the furtherance of such agency’s
82 statutory duties, notwithstanding this section.
83 e.(I) Any public record that reveals the identity,
84 including the name or personal identification number, home or
85 cellular telephone number, home address, personal assets, or any
86 other information that could be used to locate, intimidate,
87 harass, or abuse any officer who is involved in a use of force
88 incident is confidential and exempt from s. 119.07(1) and s.
89 24(a), Art. I of the State Constitution for a period of 72 hours
90 immediately following the use of force incident. Upon the
91 expiration of the 72-hour period, the officer’s identity shall
92 be subject to s. 119.07(1) unless the employing agency head
93 determines it is necessary to extend the confidentiality of any
94 public record that reveals the officer’s identity and
95 identifying information.
96 (II) The employing agency head may extend the
97 confidentiality of any public record that reveals the officer’s
98 identity beyond the 72-hour period if he or she determines it is
99 necessary. An employing agency head may make written findings to
100 disseminate to the public explaining the necessity of the
101 extension.
102 (III) The exemption or confidentiality may be extended
103 until the employing agency head determines that there is no
104 further necessity for the confidentiality of any public record
105 that reveals the officer’s identity to remain. The employing
106 agency head must consider the applicable officer’s circumstances
107 and, upon the officer’s request, consult with the officer, to
108 determine if an extension is necessary. If an extension was
109 granted after the original 72-hour period, and the employing
110 agency head subsequently determines that the officer is no
111 longer entitled to the protection of his or her identity, the
112 employing agency head must give notice to the officer 5 days
113 before the release of any public record that reveals the
114 officer’s identity.
115 (IV) An officer may waive the exemption or confidentiality
116 of this sub-subparagraph at any time in writing.
117 (V) This sub-subparagraph is subject to the Open Government
118 Sunset Review Act in accordance with s. 119.15 and shall stand
119 repealed on October 2, 2030, unless reviewed and saved from
120 repeal through reenactment by the Legislature.
121 2.a. Any information in a videotaped statement of a minor
122 who is alleged to be or who is a victim of sexual battery, lewd
123 acts, or other sexual misconduct proscribed in chapter 800 or in
124 s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s.
125 847.0133, or s. 847.0145, which reveals that minor’s identity,
126 including, but not limited to, the minor’s face; the minor’s
127 home, school, church, or employment telephone number; the
128 minor’s home, school, church, or employment address; the name of
129 the minor’s school, church, or place of employment; or the
130 personal assets of the minor; and which identifies that minor as
131 the victim of a crime described in this subparagraph, held by a
132 law enforcement agency, is confidential and exempt from s.
133 119.07(1) and s. 24(a), Art. I of the State Constitution. Any
134 governmental agency that is authorized to have access to such
135 statements by any provision of law shall be granted such access
136 in the furtherance of the agency’s statutory duties,
137 notwithstanding the provisions of this section.
138 b. A public employee or officer who has access to a
139 videotaped statement of a minor who is alleged to be or who is a
140 victim of sexual battery, lewd acts, or other sexual misconduct
141 proscribed in chapter 800 or in s. 794.011, s. 827.071, s.
142 847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145
143 may not willfully and knowingly disclose videotaped information
144 that reveals the minor’s identity to a person who is not
145 assisting in the investigation or prosecution of the alleged
146 offense or to any person other than the defendant, the
147 defendant’s attorney, or a person specified in an order entered
148 by the court having jurisdiction of the alleged offense. A
149 person who violates this provision commits a misdemeanor of the
150 first degree, punishable as provided in s. 775.082 or s.
151 775.083.
152 Section 2. The Legislature finds that s. 16(b), Article I
153 of the State Constitution mandates that crime victims have a
154 right to be free from intimidation, harassment, and abuse and
155 that it is a public necessity that information or records that
156 may be used to locate, intimidate, harass, or abuse crime
157 victims be made confidential and exempt under s. 119.071,
158 Florida Statutes, and s. 24(a), Article I of the State
159 Constitution. The Legislature also finds that the release of
160 such records or documents may deter crime victims or the
161 families of crime victims from cooperating with law enforcement
162 and reporting criminal acts. The Legislature further finds that
163 the harm that may result from the release of such personal
164 identifying and location information outweighs any public
165 benefit that may be derived from the disclosure of the
166 information.
167 Section 3. This act shall take effect July 1, 2025.
168
169 ================= T I T L E A M E N D M E N T ================
170 And the title is amended as follows:
171 Delete everything before the enacting clause
172 and insert:
173 A bill to be entitled
174 An act relating to public records; amending s.
175 119.071, F.S.; providing definitions; expanding a
176 public records exemption for crime victims to include
177 the name and personal identification number of the
178 victim and any other information or records that could
179 be used to locate, intimidate, harass, or abuse a
180 victim or the victim’s family; providing that such
181 exemption includes records generated by any agency
182 that regularly generates information from or
183 concerning the victims of crime; providing an
184 exception to the public records exemption; providing
185 that certain records identifying law enforcement
186 officers who are involved in a use of force incident
187 are confidential and exempt for a specified timeframe;
188 providing requirements for extending such timeframe;
189 authorizing waivers of the exemptions; providing for
190 future legislative review and repeal of the
191 exemptions; providing a statement of public necessity;
192 providing an effective date.