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   28  Review Act in accordance with s. 119.15 and shall stand repealed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.