Bill Text: FL S0332 | 2023 | Regular Session | Introduced

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Bill Title: Public Records/Hate Crimes Reporting Act

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2023-05-05 - Died in Criminal Justice [S0332 Detail]

Download: Florida-2023-S0332-Introduced.html

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       Florida Senate - 2023                                     SB 332
       
       
        
       By Senator Osgood
       
       
       
       
       
       32-00684-23                                            2023332__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 877.19,
    3         F.S.; requiring the Attorney General, rather than the
    4         Governor, through the Department of Law Enforcement,
    5         to collect and disseminate specified information;
    6         expanding a public records exemption to include the
    7         collection and dissemination of data on incidents of
    8         criminal acts that evidence prejudice pursuant to ss.
    9         775.085 and 775.0863, F.S.; providing for future
   10         review and repeal of the expanded exemption; requiring
   11         the Attorney General to publish an annual report,
   12         rather than an annual summary; providing a statement
   13         of public necessity; providing a contingent effective
   14         date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 877.19, Florida Statutes, is amended to
   19  read:
   20         877.19 Hate Crimes Reporting Act.—
   21         (1) SHORT TITLE.—This section shall may be cited as the
   22  “Hate Crimes Reporting Act.”
   23         (2) ACQUISITION AND PUBLICATION OF DATA.—The Attorney
   24  General Governor, through the Florida Department of Law
   25  Enforcement, shall collect and disseminate data on incidents of
   26  criminal acts that evidence prejudice based on ss. 775.085 and
   27  775.0863 race, religion, ethnicity, color, ancestry, sexual
   28  orientation, or national origin. All law enforcement agencies
   29  shall report monthly to the Florida Department of Law
   30  Enforcement concerning such offenses in such form and in such
   31  manner as prescribed by rules adopted by the department. Such
   32  information must shall be compiled by the department and
   33  disseminated upon request to any local law enforcement agency,
   34  unit of local government, or state agency.
   35         (3)(a) LIMITATION ON USE AND CONTENT OF DATA.—All Such
   36  information gathered pursuant to this section is confidential
   37  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   38  Constitution. Data required pursuant to this section may shall
   39  be used only for research or statistical purposes and may shall
   40  not include any information that may reveal the identity of an
   41  individual victim of a crime.
   42         (b) This subsection is subject to the Open Government
   43  Sunset Review Act in accordance with s. 119.15 and shall stand
   44  repealed on October 2, 2028, unless reviewed and saved from
   45  repeal through reenactment by the Legislature.
   46         (4) ANNUAL REPORT SUMMARY.—The Attorney General shall
   47  publish an annual report summary of the data required pursuant
   48  to this section.
   49         Section 2. The Legislature finds that it is a public
   50  necessity to broaden the existing public records exemption for
   51  information gathered pursuant to the Hate Crimes Reporting Act
   52  under s. 877.19, Florida Statutes, to correspond to the expanded
   53  classes covered under criminal acts evidencing prejudice in the
   54  amendments made to ss. 775.085 and 775.0863, Florida Statutes,
   55  and that such data be made confidential and exempt from s.
   56  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   57  State Constitution. It is important that individuals in this
   58  state who are victims of crimes evidencing prejudice be
   59  accurately identified and counted, which will ensure that law
   60  enforcement agencies have a more comprehensive picture of the
   61  crimes being committed in this state and can apply their
   62  resources more effectively. This will also allow the public and
   63  researchers access to more detailed information about such
   64  crimes that occur in this state and will ensure transparency.
   65  For the foregoing reasons, the Legislature finds that it is a
   66  public necessity to ensure that such information gathered
   67  pursuant to the Hate Crimes Reporting Act be made confidential
   68  and exempt from public records requirements.
   69         Section 3. This act shall take effect on the same date that
   70  SB ___ or similar legislation takes effect, if such legislation
   71  is adopted in the same legislative session or an extension
   72  thereof and becomes a law.