Florida Senate - 2025                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1266
       
       
       
       
       
       
                                Ì673850+Î673850                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/F/2R          .                                
             04/24/2025 03:15 PM       .                                
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       Senator Grall moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 85 - 174
    4  and insert:
    5         e.(I) The identity of any officer, involved in a use of
    6  force incident and who becomes the victim of a crime in the
    7  course and scope of the officer’s employment or official duties
    8  in the same or a related incident is confidential and exempt
    9  from the public records law as set forth in sub-sub
   10  subparagraphs (II) and (III).
   11         (II) During the 72 hours immediately following an incident
   12  in which an officer becomes the victim of a crime, the identity
   13  of the officer contained in any public record that reveals that
   14  the officer was involved in such a use of force incident is
   15  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   16  of the State Constitution. At the expiration of the 72-hour
   17  period, the officer’s identity shall be subject to s. 119.07(1)
   18  unless the employing agency head provides written findings
   19  setting forth the necessity for an extension of the
   20  confidentiality of the officer’s identity.
   21         (III) The employing agency head may extend the
   22  confidentiality of the identity of an officer contained in any
   23  public record that reveals that the officer was involved in such
   24  a use of force incident only upon written findings. The written
   25  findings by employing agency head shall state the necessity of
   26  extending the confidentiality of the officer’s identity beyond
   27  the 72-hour period and the written findings must be made public
   28  before the 72-hour period expires. Such an extension may not
   29  exceed 60 days.
   30         (IV) This sub-subparagraph is subject to the Open
   31  Government Sunset Review Act in accordance with s. 119.15 and
   32  shall stand repealed on October 2, 2030, unless reviewed and
   33  saved from repeal through reenactment by the Legislature.
   34         2.a. Any information in a videotaped statement of a minor
   35  who is alleged to be or who is a victim of sexual battery, lewd
   36  acts, or other sexual misconduct proscribed in chapter 800 or in
   37  s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s.
   38  847.0133, or s. 847.0145, which reveals that minor’s identity,
   39  including, but not limited to, the minor’s face; the minor’s
   40  home, school, church, or employment telephone number; the
   41  minor’s home, school, church, or employment address; the name of
   42  the minor’s school, church, or place of employment; or the
   43  personal assets of the minor; and which identifies that minor as
   44  the victim of a crime described in this subparagraph, held by a
   45  law enforcement agency, is confidential and exempt from s.
   46  119.07(1) and s. 24(a), Art. I of the State Constitution. Any
   47  governmental agency that is authorized to have access to such
   48  statements by any provision of law shall be granted such access
   49  in the furtherance of the agency’s statutory duties,
   50  notwithstanding the provisions of this section.
   51         b. A public employee or officer who has access to a
   52  videotaped statement of a minor who is alleged to be or who is a
   53  victim of sexual battery, lewd acts, or other sexual misconduct
   54  proscribed in chapter 800 or in s. 794.011, s. 827.071, s.
   55  847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145
   56  may not willfully and knowingly disclose videotaped information
   57  that reveals the minor’s identity to a person who is not
   58  assisting in the investigation or prosecution of the alleged
   59  offense or to any person other than the defendant, the
   60  defendant’s attorney, or a person specified in an order entered
   61  by the court having jurisdiction of the alleged offense. A
   62  person who violates this provision commits a misdemeanor of the
   63  first degree, punishable as provided in s. 775.082 or s.
   64  775.083.
   65         Section 2. The Legislature finds that s. 16(b), Article I
   66  of the State Constitution mandates that crime victims have a
   67  right to be free from intimidation, harassment, and abuse and
   68  that it is a public necessity that information or records that
   69  may be used to locate, intimidate, harass, or abuse crime
   70  victims be made exempt from s. 119.07(1), Florida Statutes, and
   71  s. 24(a), Article I of the State Constitution. The Legislature
   72  further finds that exempting records or documents, which
   73  identify the crime victim, the victim’s family, or any
   74  information that may be used to threaten or harass the victim or
   75  the victim’s family, from s. 119.07(1), Florida Statutes, and s.
   76  24(a), Article I of the State Constitution is a public necessity
   77  to prevent the possibility of further trauma. The Legislature
   78  also finds that the release of such records or documents may
   79  deter crime victims from cooperating with law enforcement and
   80  reporting criminal acts.