The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 490
INTRODUCER: Commerce and Tourism Committee and Senator Jones
SUBJECT: Family and Household Members of Homicide Victims and Deceased Minors
DATE: March 28, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Baird McKay CM Fav/CS
2. CJ
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 490 amends s. 960.001 F.S., to require that during the investigation of the death of a
minor, the law enforcement agency that initiates or bears the primary responsibility for the
investigation must provide the minor’s next of kin with certain information relating to contact
information for the investigation, case number, list of minor’s personal effects found on or with
minor and information on how minor’s next of kin can obtain such personal effects, and
information regarding status of the investigation.
This information is exempt from being provided if doing so would jeopardize or otherwise
interfere with an active investigation.
The effective date of the bill is July 1, 2023.
REVISED: BILL: CS/SB 490 Page 2
II. Present Situation:
Curtis’ Law
In 1997, 16-year-old Curtis Williamson was murdered in California.
1
Afterwards, his mother,
Patricia Ward, had difficulty obtaining information related to the investigation of his death.
2
Since then, his mother moved to Florida and began pushing for greater investigation information
access for parents of deceased minors.
3
An organization, Curtis’s & Co for Children Gone to
Soon, Inc., was formed to advocate for law reform nationwide to mandate that certain
investigative and contact information be made available to surviving family members in certain
circumstances.
4
The proposed law is called Curtis’ Law.
5
In 2022, California passed SB 1268, a version of Curtis’ Law, which requires the law
enforcement agency that bears the primary responsibility for the investigation to provide a
deceased minor victim’s parent or guardian
6
with the:
7
Contact information of the primary law enforcement agency and the primary contact at
such agency,
Case number,
List of personal effects found with the minor and contact information to recover such
effects, unless doing so would interfere with an investigation,
Status of the investigation, at the discretion of the law enforcement agency.
Law enforcement is not required to provide any information that would jeopardize or otherwise
allow an individual to interfere with the ongoing investigation or any records generated pursuant
to their investigation for inspection by a victim’s family. Law enforcement agencies providing
information may require any family member receiving the information to confirm their identity
through a certified declaration.
8
Family Members of Homicide Victims Leave Laws in Other States
There are a few states that have adopted leave laws for family and household members of
homicide victims. In California, an immediate family member of a victim who is deceased as the
direct result of certain crimes may take leave to participate in a related jury trial or judicial
1
Cole Heath, Action News Jax, Proposed Curtis Law would give families of murdered children information about their
child's case, Proposed Curtis Law would give families of murdered children information about their child's case – Action
News Jax (last visited March 24, 2023).
2
Justice 4 Curtis, Our Story, Our Story - Curtis's & Co for Children Gone to Soon (justice4curtis.org) (last visited March 24,
2023).
3
Action Jax News, supra note 42.
4
Justice 4 Curtis, supra note 43.
5
Justice 4 Curtis, Curtis Law, The Proposed Law - Curtis's & Co for Children Gone to Soon (justice4curtis.org) (last visited
March 24, 2023).
6
Or immediate family if a parent or guardian cannot be located. “Immediate family” means the victim’s spouse, parent,
guardian, grandparent, aunt, uncle, brother, sister, and children or grandchildren who are related by blood, marriage, or
adoption.
7
Cal. Penal Code § 679.09.
8
Id. BILL: CS/SB 490 Page 3
proceeding.
9
There must be notice and proof that the employee was affected and needs this type
of leave.
10
In 2021, Missouri signed the Victims’ Economic Security and Safety Act (VESSA) into law.
11
Under VESSA, an employee receives leave if they or a family or household member is a victim
of any “crime of violence,” if the employer has 20 or more employees.
12
For employers with 20-
49 employees, an employee has one week of leave, and for employers with 50 or more
employees, an employee receives two weeks of leave. The leave can be paid or unpaid.
13
A
crime of violence includes: homicide, sex offenses, assault, offenses involving bodily harm,
harassment, armed violence, obscene communications, terrorism, and similar criminal actions.
14
The leave may be received intermittently or on a reduced work schedule.
15
VESSA also gives
employment protection.
16
Illinois adopted a law similar to VESSA.
17
Victims of crimes of violence or who have family or
household members who are victims of such violence may take up to 12 weeks of unpaid leave
in any 12-month period to seek medical help, legal advice, counseling, safety precautions, and
other related activities.
18
Household Members of Homicide Victims
An estimated 1 in 10 Americans will lose a loved one to homicide during their lifetime.
19
In the
immediate aftermath of a homicide a family member may incur burial and funeral expenses,
possible economic or material hardships, and changes in family dynamics.
20
Household members
of a homicide victim may need to attend funerals, ceremonies, court proceedings, and deal with
safety concerns. Currently, Florida law doesn’t address employment leave to cover such
activities for family and household members of homicide victims.
Investigation Materials
Section 960.001, F.S., provides a list of rights for victims and witnesses in the criminal justice
system. The Department of Legal Affairs, the state attorneys, the Department of Corrections, the
Department of Juvenile Justice, the Florida Commission on Offender Review, the State Courts
9
Cal. Labor Code § 230.
10
Id.
11
Missouri HR-417 Victims Economic Safety and Security Act Leave.
12
Id.
13
Id.
14
Id.
15
EPIC Brokers, Missouri Passes the Victims’ Economic Safety and Security Act (2021),
https://www.epicbrokers.com/insights/missouri-passes-victims-economic-safety-security-
act/#:~:text=On%20August%2028%2C%202021%2C%20Governor%20Mike%20Parson%20of,household%20member%20a
re%20victims%20of%20violence%20or%20abuse (last visited March 24, 2023).
16
Id.
17
820 Ill. Comp. Stat. 180/5.
18
Illinois Department of Labor, Victims’ Economic Security and Safety Act (VESSA), https://labor.illinois.gov/laws-
rules/conmed/vessa.html (last visited March 24, 2023).
19
Sara Bastomski, PhD & Marina Duane, MID, Research brief: Homicide Co-Victimization, Center for Victim Research
(2018), https://victimresearch.org/documents/hcv-research-brief-final.pdf.
20
Id. BILL: CS/SB 490 Page 4
Administrator and circuit court administrators, the Department of Law Enforcement, and every
sheriff’s department, police department, or other law enforcement agency are required to develop
and implement guidelines for the use of their respective agencies to achieve the following
objectives.
Related to rights of a victim’s parent, guardian, or next of kin:
Law enforcement officers must distribute victim’s rights cards or brochures informing on
the right of the next of kin of a homicide victim to be informed, to be present, and to be
heard when relevant, at all crucial stages of a criminal or juvenile proceeding, to the
extent that this right does not interfere with the constitutional rights of the accused.
21
In the case of a homicide, sexual offense, attempted murder or sexual offense, stalking, or
domestic violence, law enforcement officers or personnel of an organization that provides
assistance to the appropriate next of kin of the victim must request that the next of kin of
the victim complete a victim notification card, which provides a way of notification if a
defendant is released from custody.
22
The chief administrator of a county jail, municipal jail, juvenile detention facility, or
residential commitment facility must make a reasonable attempt to notify the appropriate
next of kin or designated contact of a victim homicide, sexual offense, attempted murder
or sexual offense, stalking, or domestic violence before the defendant’s or offender’s
release from custody, if the victim notification card has been provided.
23
The appropriate agency must provide notification of certain judicial and post judicial
proceedings to the parent or guardian of a minor victim and a relative of a homicide
victim.
o A victim’s parent or guardian if the victim is a minor, or a victim’s next of kin
may not be excluded from any portion of any proceeding, unless the court
determines such person’s presence to be prejudicial.
24
The state attorney must consult the guardian or family of a victim of a felony involving
physical or emotional injury, trauma, or homicide, in order to obtain the views of the
victim or family about the disposition of any criminal or juvenile case brought as a result
of such crime.
25
Upon request, the state attorney must allow the victim’s parent or guardian if the victim
is a minor, or the victim’s next of kin in the case of a homicide to review a copy of the
presentence investigation report before the sentencing hearing if one was completed.
o Any confidential information that pertains to medical history, mental health, or
substance abuse and any information that pertains to any other victim must be
redacted from the copy of the report.
o Any person who reviews the report pursuant to this paragraph must maintain the
confidentiality of the report and may not disclose its contents to any person
except statements made to the state attorney or the court.
26
21
Section 960.001(1)(a)5., F.S.
22
Section 960.001(1)(b), F.S.
23
Section 960.001(1)(f), F.S.
24
Section 960.001(1)(e), F.S.
25
Section 960.001(1)(g)1., F.S.
26
Section 960.001(1)(g)2., F.S. BILL: CS/SB 490 Page 5
The Department of Corrections must, upon request, notify the victim’s parent or guardian
if the victim is a minor, or the victim’s next of kin if the victim is a homicide victim if an
inmate has been approved for community work release.
27
III. Effect of Proposed Changes:
The bill provides that the act may be cited as “Curtis’ Law.”
The bill amends s. 960.001, F.S., to require that, during the investigation of the death of a minor,
the law enforcement agency that initiates or bears the primary responsibility for the investigation
must provide the minor's next of kin with all of the following information:
The contact information for the primary contact, if known, for the particular
investigation, as well as the contact information for each law enforcement agency
involved in the investigation.
The case number for the investigation, if applicable.
A list of the minor's personal effects that were found on or with the minor and
information on how the minor's next of kin can collect such personal effects. A law
enforcement agency may withhold the information if providing the information would
jeopardize or otherwise interfere with an active investigation.
Information regarding the status of the investigation, at the discretion of the law
enforcement agency.
The law enforcement agency may not provide any of the above information if doing so would
jeopardize or otherwise interfere with an active investigation.
The law enforcement agency is not required to provide investigative records generated during its
investigation to a minor's next of kin for inspection.
The effective date of the bill is July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
27
Section 960.001(1)(g)3., F.S. BILL: CS/SB 490 Page 6
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
Indeterminate. The bill may require more local agencies to comply with information
requests by the next of kin of deceased minors.
VI. Technical Deficiencies:
None.
VII. Related Issues:
Law enforcement agencies will need to create guidelines for transmitting certain investigative
information to a deceased child’s next of kin.
VIII. Statutes Affected:
This bill substantially amends section 960.001 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism Committee on March 27, 2023:
The committee substitute removes Section 2 from the bill which provided leave and work
accommodations for family or household members of homicide victims.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.