Bill Text: FL S7024 | 2018 | Regular Session | Enrolled

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Bill Title: Public Records/Victim of an Incident of Mass Violence

Spectrum: Committee Bill

Status: (Passed) 2018-03-09 - Chapter No. 2018-2 [S7024 Detail]

Download: Florida-2018-S7024-Enrolled.html

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       ENROLLED
       2018 Legislature                          SB 7024, 1st Engrossed
       
       
       
       
       
       
                                                             20187024er
    1  
    2         An act relating to public records; amending s.
    3         119.071, F.S.; creating an exemption from public
    4         records requirements for the address of a victim of an
    5         incident of mass violence; providing definitions;
    6         providing for future legislative review and repeal of
    7         the exemption; amending s. 119.011, F.S.; designating
    8         the address of a victim of an incident of mass
    9         violence as criminal intelligence information and
   10         criminal investigative information; providing a
   11         statement of public necessity; providing an effective
   12         date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (o) is added to subsection (2) of
   17  section 119.071, Florida Statutes, to read:
   18         119.071 General exemptions from inspection or copying of
   19  public records.—
   20         (2) AGENCY INVESTIGATIONS.—
   21         (o) The address of a victim of an incident of mass violence
   22  is exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   23  Constitution. For purposes of this paragraph, the term “incident
   24  of mass violence” means an incident in which four or more
   25  people, not including the perpetrator, are severely injured or
   26  killed by an intentional and indiscriminate act of violence of
   27  another. For purposes of this paragraph, the term “victim” means
   28  a person killed or injured during an incident of mass violence,
   29  not including the perpetrator. This paragraph is subject to the
   30  Open Government Sunset Review Act in accordance with s. 119.15
   31  and shall stand repealed on October 2, 2023, unless reviewed and
   32  saved from repeal through reenactment by the Legislature.
   33         Section 2. Paragraph (c) of subsection (3) of section
   34  119.011, Florida Statutes, is amended to read:
   35         119.011 Definitions.—As used in this chapter, the term:
   36         (3)
   37         (c) “Criminal intelligence information” and “criminal
   38  investigative information” shall not include:
   39         1. The time, date, location, and nature of a reported
   40  crime.
   41         2. The name, sex, age, and address of a person arrested or
   42  of the victim of a crime except as provided in s. 119.071(2)(h)
   43  or (o).
   44         3. The time, date, and location of the incident and of the
   45  arrest.
   46         4. The crime charged.
   47         5. Documents given or required by law or agency rule to be
   48  given to the person arrested, except as provided in s.
   49  119.071(2)(h) or (m), and, except that the court in a criminal
   50  case may order that certain information required by law or
   51  agency rule to be given to the person arrested be maintained in
   52  a confidential manner and exempt from the provisions of s.
   53  119.07(1) until released at trial if it is found that the
   54  release of such information would:
   55         a. Be defamatory to the good name of a victim or witness or
   56  would jeopardize the safety of such victim or witness; and
   57         b. Impair the ability of a state attorney to locate or
   58  prosecute a codefendant.
   59         6. Informations and indictments except as provided in s.
   60  905.26.
   61         Section 3. The Legislature finds that it is a public
   62  necessity that the address of victims of an incident of mass
   63  violence be made exempt from s. 119.07(1), Florida Statutes, and
   64  s. 24(a), Article I of the State Constitution. After an incident
   65  of mass violence has occurred, victims of such an incident are
   66  in a vulnerable state as they assist law enforcement with the
   67  investigation of the incident and try to recover from the events
   68  that occurred. In some instances, the victim may have been
   69  killed or injured leaving their families to deal with the
   70  aftermath of the crime. The public availability of such victim’s
   71  address may be used to locate the victim or the victim’s family.
   72  The availability of such information has allowed people to take
   73  advantage of the victims or their families by subjecting the
   74  victims or their families to media intrusions at their homes and
   75  other unwelcome intrusions into their privacy. Therefore, it is
   76  necessary that the address of victims of incidents of mass
   77  violence be protected to ensure that persons affected by such
   78  incidents are not harassed, taken advantage of, or otherwise
   79  subjected to additional pain and suffering.
   80         Section 4. This act shall take effect upon becoming a law.