Bill Text: FL S0248 | 2023 | Regular Session | Introduced
Bill Title: Public Records/Personal Identifying Information of Certain Victims
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2023-05-05 - Died in Messages [S0248 Detail]
Download: Florida-2023-S0248-Introduced.html
Florida Senate - 2023 SB 248
By Senator Martin
33-00827E-23 2023248__
1 A bill to be entitled
2 An act relating to public records; creating s.
3 252.3591, F.S.; defining the term “victim”; exempting
4 from public records requirements the personal
5 identifying information of certain victims held by the
6 Division of Emergency Management for a specified
7 timeframe; providing for future legislative review and
8 repeal of the exemption; providing a statement of
9 public necessity; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 252.3591, Florida Statutes, is created
14 to read:
15 252.3591 Public records exemption; emergency identification
16 and notification information.—
17 (1) As used in this section, the term “victim” means a
18 critically injured person whose death appears to be imminent or
19 a person killed during a disaster or emergency in which a state
20 of emergency is declared by the Governor pursuant to this
21 chapter.
22 (2) The name, address, date of birth, and home and cellular
23 telephone numbers of a victim which are held by the division are
24 exempt from s. 119.07(1) and s. 24, Art. I of the State
25 Constitution for 30 days after the date the state of emergency
26 is declared.
27 (3) This section is subject to the Open Government Sunset
28 Review Act in accordance with s. 119.15 and shall stand repealed
29 on October 2, 2028, unless reviewed and saved from repeal
30 through reenactment by the Legislature.
31 Section 2. The Legislature finds that it is a public
32 necessity that the names, addresses, dates of birth, and home
33 and cellular telephone numbers of victims of an emergency or
34 disaster in which the Governor has declared a state of emergency
35 be made exempt from s. 119.07(1), Florida Statutes, and s.
36 24(a), Article I of the State Constitution for 30 days after the
37 date the state of emergency is declared. During and subsequent
38 to an emergency or a disaster, a victim and his or her family
39 are in a vulnerable state as they attempt to recover from the
40 emergency situation. The public availability of the victim’s
41 name, address, date of birth, and home and cellular telephone
42 numbers may leave the victim or the victim’s family vulnerable
43 to exploitation from those seeking to take advantage of the
44 victim’s misfortune. The availability of such personal
45 identifying information may also leave the victim’s property
46 subject to theft or damage. Additionally, the public
47 availability of the victim’s name, address, date of birth, and
48 home and cellular telephone numbers may also leave the victim or
49 the victim’s family vulnerable to media intrusion before an
50 emergency official, a law enforcement officer, or other official
51 notifies the victim’s emergency contact of the victim’s status.
52 Therefore, it is necessary that the name, address, date of
53 birth, and home and cellular telephone numbers of a victim of a
54 declared emergency or disaster be protected to ensure that
55 victims of such incidents, or their families, are not taken
56 advantage of or otherwise subjected to additional pain and
57 suffering.
58 Section 3. This act shall take effect upon becoming a law.
