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 Appropriations
BILL: CS/CS/SB 490
INTRODUCER: Appropriations Committee; Commerce and Tourism Committee; and Senator Jones and
others
SUBJECT: Investigations into the Deaths of Minors
DATE: April 17, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Baird McKay CM Fav/CS
2. Erickson Stokes CJ Favorable
3. Kolich Sadberry AP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/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 the minor’s personal effects found on or
with the minor and information on how the minor’s next of kin can obtain such personal effects,
and information regarding the status of the investigation.
The law enforcement agency may not provide any of the above-mentioned information if doing
so would jeopardize or otherwise interfere with an active investigation.
The law enforcement agency is not required under these new provisions to provide investigative
records generated during its investigation to a minor’s next of kin.
The bill also amends s. 497.005, F.S., relating to the Florida Funeral, Cemetery, and Consumer
Services Act, to prevent any person that has been arrested for committing an act of domestic
violence against the deceased or any act that resulted in or contributed to the death of the
deceased from being awarded any legal benefit under the Florida Funeral, Cemetery, and
Consumer Services Act.
The effective date of the bill is July 1, 2023.
REVISED: BILL: CS/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 with the following information:
6
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, and
Status of the investigation, at the discretion of the law enforcement agency.
7
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 28, 2023).
2
Justice 4 Curtis, Our Story, Our Story - Curtis’s & Co for Children Gone to Soon (justice4curtis.org) (last visited March 28,
2023).
3
Action Jax News, supra, at note 42.
4
Justice 4 Curtis, supra, at note 43.
5
Justice 4 Curtis, Curtis Law, The Proposed Law - Curtis’s & Co for Children Gone to Soon (justice4curtis.org) (last visited
March 28, 2023).
6
Cal. Penal Code s. 679.09.
7
This requirement also applies to 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.
8
Id. BILL: CS/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 the 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, an offense involving bodily harm,
harassment, armed violence, obscene communications, terrorism, and any similar criminal
action.
14
The leave may be received intermittently or on a reduced work schedule.
15
The VESSA
also gives employment protection.
16
Illinois adopted a law similar to the 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.
Victim Rights
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 s. 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,
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 28, 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. (last visited March 28, 2023).
20
Id. BILL: CS/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 specified objectives.
While s. 960.001, F.S., provides rights to victims of many different crimes, the following rights
are related to rights of the next of kin of a victim of homicide:
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, 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 of homicide 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 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
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
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.
27
Section 960.001(1)(g)3., F.S. BILL: CS/CS/SB 490 Page 5
The Florida Funeral, Cemetery, and Consumer Services Act
Chapter 497, F.S., known as the Florida Funeral, Cemetery, and Consumer Services Act (the
Act), generally regulates funeral and cemetery services.
28
The Act authorizes the Board of
Funeral, Cemetery, and Consumer Services within the Department of Financial Services to
regulate cemeteries, columbaria, cremation services and practices, cemetery companies, dealers
and monument builders, funeral directors, and funeral establishments.
29
Section 497.005(43), F.S., defines the term “legally authorized person” by providing a priority
listing which begins with the decedent (when written inter vivos authorizations and directions are
provided by the decedent) and includes relatives of the decedent.
30
Additionally, the definition
provides for other persons who may qualify– such as a public health officer, medical examiner or
county commission – should a family member not exist or be available.
31
Thus, if a legally
authorized person is not available, a court of competent jurisdiction may provide the written
authorization prior to the disinterment and reinterment of a dead human body.
32
Killers Can Not Benefit Under Will or Probate Code
Section 732.802, F.S., provides that any surviving person who unlawfully and intentionally kills
or participates in procuring the death of the decedent is not entitled to any benefits that they may
normally be entitled to under a valid will or through the probate process. Instead, property
appointed by the will of the decedent passes as if the killer had predeceased the decedent.
33
The
same general principal of the killer or accomplice to the killer not being allowed to benefit
applies to situations such as property inheritance,
34
beneficiary of bonds or life insurance and
other contractual agreements.
35
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.
28
See Section 497.001, F.S.
29
Sections 497.101 and 497.103, F.S.
30
Section 497.005(43), F.S.
31
Id.
32
Section 497.384(3), F.S.
33
Section 732.802(1), F.S.
34
Sections 732.802(2) and 732.802(4), F.S.
35
Section 732.802(3), F.S. BILL: CS/CS/SB 490 Page 6
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-mentioned information if doing
so would jeopardize or otherwise interfere with an active investigation.
The law enforcement agency is not required under these new provisions to provide investigative
records generated during its investigation to a minor’s next of kin for inspection.
36
The bill also amends s. 497.005, F.S., relating to the Florida Funeral, Cemetery, and Consumer
Services Act, to prevent any person that has been arrested for committing an act of domestic
violence against the deceased or any act that resulted in or contributed to the death of the
deceased from being awarded any legal benefit under the Florida Funeral, Cemetery, and
Consumer Services Act.
The effective date of the bill is July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
The bill does not appear to require cities and counties to expend funds or limit their
authority to raise revenue or receive state-shared revenues as specified by Art. VII, s. 18
of the State Constitution.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
36
This is not a public records exemption. The bill is simply stating that the new provisions in s. 960.01, F.S., do not obligate
the law enforcement agency to provide the investigative records generated during its investigation to a minor’s next of kin for
inspection. If the information is available in active investigation records, it is exempt from public disclosure pursuant to
s. 119.071(2)(a), F.S.; if not, it would be available for inspection upon public request the same as any other non-exempt
public record. BILL: CS/CS/SB 490 Page 7
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
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 the following sections of the Florida Statutes: 960.001 and
497.005
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS/CS by Appropriations on April 13, 2023:
The committee substitute amends s. 497.005, F.S., relating to the Florida Funeral,
Cemetery, and Consumer Services Act, to prevent any person that has been arrested for
committing an act of domestic violence against the deceased or any act that resulted in or
contributed to the death of the deceased from being awarded any legal benefit under the
Florida Funeral, Cemetery, and Consumer Services Act.
CS by Commerce and Tourism 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.