STORAGE NAME: h0397.CRM
DATE: 3/28/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 397
TITLE: Public Records/Crime Stoppers Organizations
SPONSOR(S): Chambliss
COMPANION BILL: CS/SB 710 (Osgood)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Criminal Justice
Government Operations
Judiciary
SUMMARY
Effect of the Bill:
HB 397 creates a public record exemption to exempt specified personal identifying and location information of
employees, board members, and volunteers of crime stoppers organizations and their families from public record
requirements.
Fiscal or Economic Impact:
The bill may have an indeterminate negative fiscal impact on state and local governments due to any costs
associated with training staff on and making redactions required by the newly-created public record exemption for
employees, board members, and volunteers of crime stoppers organizations and their families.
Extraordinary Vote Required for Passage:
The bill requires a two-thirds vote of the members present and voting in both houses of the Legislature for final
passage.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
HB 397 creates a public record exemption for employees, board members, and volunteers of crime stoppers
organizations and their families. Specifically, the following personal identifying and location information will be
exempt from public record requirements under the bill:
Home addresses, telephone numbers, dates of birth, and photographs of employees, board members, and
volunteers of crime stoppers organizations;
Names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and
children of employees, board members, and volunteers of crime stoppers organizations; and
Names and locations of schools and day care facilities attended by the children of employees, board
members, and volunteers of crime stoppers organizations. (Section 1)
Pursuant to the Open Government Sunset Review Act, the exemption will be automatically repealed on October 2,
2030, unless reviewed and reenacted by the Legislature. (Section 1)
The bill includes the constitutionally required public necessity statement, in which the Legislature finds that it is a
public necessity that such personal identifying and location information be exempt from public record
requirements as the friends, associates, and family members of people who are involved in criminal investigations
may retaliate against the employees, board members, and volunteers of crime stoppers organizations for
performing their duties. The Legislature finds that such retaliatory acts may also be targeted at the spouses and
children of such employees, board members, and volunteers of crime stoppers organizations. The Legislature
further finds that if such personal identifying and location information is released the safety of employees, board
members, and volunteers of crime stoppers organizations and their families could be seriously jeopardized and JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
that the harm that may result from the release of such information outweighs any public benefit that may be
derived from its disclosure. (Section 2)
The bill provides an effective date of July 1, 2025. (Section 3)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an insignificant negative fiscal impact on state agencies holding records that contain the personal
identifying and location information of employees, board members, and volunteers of crime stoppers organizations
and their families as staff responsible for complying with public record requests may require training related to the
public record exemption. Additionally, state agencies could incur costs associated with redacting the exempt
information prior to releasing records. However, these additional costs will likely be absorbed within existing
resources.
LOCAL GOVERNMENT:
The bill may have an insignificant negative fiscal impact on local agencies holding records that contain the personal
identifying and location information of employees, board members, and volunteers of crime stoppers organizations
and their families as staff responsible for complying with public record requests may require training related to the
public record exemption. Additionally, local agencies could incur costs associated with redacting the exempt
information prior to releasing records. However, these additional costs will likely be absorbed within existing
resources.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Public Records
Article I, section 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to
government records. This section guarantees every person the right to inspect or copy any public record of the
legislative, executive, and judicial branches of government.
1 The Legislature, however, may provide by general law
for exemption
2 from public record requirements provided that the exemption passes by a two-thirds vote of each
chamber, states with specificity the public necessity justifying the exemption, and is no broader than necessary to
meet its public purpose.
3
The Florida Statutes also address the public policy regarding access to government records. Section 119.071(1),
F.S., guarantees every person the right to inspect and copy any state, county, or municipal record, unless the record
is exempt.
4 Furthermore, the Open Government Sunset Review Act
5 provides that a public record exemption may
be created, revised, or maintained only if it serves an identifiable public purpose and the Legislature finds that the
purpose is sufficiently compelling to override the strong public policy of open government and cannot be
accomplished without the exemption.
6 An identifiable public purpose is served if the exemption meets one of the
following purposes:
Allows the state or its political subdivisions to effectively and efficiently administer a governmental
program, which administration would be significantly impaired without the exemption;
Protects sensitive personal information that, if released, would be defamatory or would jeopardize an
individual’s safety; however, only the identity of an individual may be exempted under this provision; or
1
Art. I, s. 24(a), Fla. Const.
2
A public record exemption means a provision of general law which provides that a specified record, or portion thereof, is not
subject to the access requirements of s. 119.07(1), F.S., or s. 24, art. I of the Florida Constitution. See s. 119.011(8), F.S.
3
Art. I, s. 24(c), Fla. Const.
4
See s. 119.01, F.S.
5
S. 119.15, F.S.
6
S. 119.15(6)(b), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Protects trade or business secrets.
7
Pursuant to the Open Government Sunset Review Act, a new public record exemption or substantial amendment of
an existing public record exemption is repealed on October 2
nd of the fifth year following enactment, unless the
Legislature reenacts the exemption.
8
Furthermore, there is a difference between records the Legislature designates as exempt from public record
requirements and those the Legislature deems confidential and exempt. A record classified as exempt from public
disclosure may be disclosed under certain circumstances. However, if the Legislature designates a record as
confidential and exempt from public disclosure, such record may not be released by the custodian of public records
to anyone other than the persons or entities specifically designated in statute.
9
Private Organizations
The Attorney General’s Office has recognized that private organizations generally are not subject to public record
requirements unless the private organization has been created by law or by a public agency, has been delegated
authority to perform some governmental function, or plays an integral part in the decision-making process of a
public entity.
10
Crime Stoppers Organizations
Crime stoppers organizations are private not-for-profit organizations that receive anonymous information about
alleged criminal activity through a designated hotline or through electronic means and then forward the
information to appropriate law enforcement agencies.
11 Crime stoppers organizations offer cash rewards for
information leading to arrests.
12 Between 2023 and 2024, 52,022 tips were received by the 26 crime stoppers
organizations which serve 59 of the state’s 67 counties, resulting in 1,560 arrests.
13
In Florida, “Crime Stoppers” refers to members of the Florida Association of Crime Stoppers, Inc. (FACS).
14 FACS is
a statewide umbrella organization operated by a volunteer board of directors from the crime stoppers
organizations throughout the state. FACS helps establish local programs, providing ongoing training, advocacy, and
mentoring to established programs and new programs alike.
15
Crime Stoppers Funding
In 1991, the Legislature created s. 16.555, F.S., which required the Department of Legal Affairs (DLA) to establish a
Crime Stoppers Trust Fund (Fund) for the purpose of grant administration to fund Crime Stoppers and their crime
fighting programs within the units of local government of the state.
16 DLA is required to apply for all federal, state,
and private grants that meet the purposes of advancing Crime Stoppers in the state. Any grants that are secured
are required to be deposited in the Fund.
17
7
Id.
8
S. 119.15(3), F.S.
9
See WFTV, Inc. v. The School Board of Seminole, 874 So. 2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So. 2d 1015 (Fla.
2004); City of Riviera Beach v. Barfield, 642 So. 2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So. 2d 687 (Fla.
5th DCA 1991); See Attorney General Opinion 85-62 (August 1, 1985).
10
Florida Office of the Attorney General, Government-In-The-Sunshine-Manual 2025 Edition, Vol. 47, p. 17,
https://www.myfloridalegal.com/sites/default/files/government-in-the-sunshine-manual.pdf (last visited Mar. 28, 2025).
11
S. 16.557(1)(a), F.S.; Florida Association of Crime Stoppers, How’s it done, https://facsflorida.org/what-we-do/how-they-do-
it/ (last visited Mar. 28, 2025).
12
Id.
13
Office of the Attorney General, Division of Victim Services and Criminal Justice Programs, Annual Report 2023-2024,
https://www.myfloridalegal.com/sites/default/files/annual-report-2023-24-01-28-25-final-draft.pdf (last visited Mar. 28,
2025).
14
S. 16.555(1)(c), F.S.
15
Florida Association of Crime Stoppers, Who we are?, https://facsflorida.org/#pg-8-4 (last visited Mar. 28, 2025).
16
Ch. 91-205, L.O.F.; S. 16.555(1) and (3), F.S. “Units of local government” means the various city and county governments of
the state.
17
S. 16.555(4)(a), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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In 1998, the Legislature added a funding source in s. 938.06, F.S., by imposing a $20 court cost on persons
convicted of any criminal offense.
18 The proceeds from the $20 court cost are deposited in a separate account
within the Crime Stoppers Trust Fund and designated according to the judicial circuit from which they were
collected.
19 Counties may apply to DLA for an annual grant from the funds collected by their judicial circuit.
20
However, grants may only be awarded to counties that are served by a crime stoppers organization that is an
official member of the FACS and may only be used to support such organization.
21
Use of Crime Stoppers Funding
Eligible organizations must complete and submit a performance-based grant proposal outlining its annual
operational plan along with a budget based upon the certified funds previously authorized by DLA.
22 Grant funds
are used to fund crime stopper organizations, to purchase and distribute promotional and educational items about
Crime Stoppers, and to fund student crime watch programs.
23 Grant funds may also be used to fund rewards for
tips that result in:
An arrest.
The recovery of stolen property; illegal narcotics; the body of a homicide victim; a human trafficking victim
or a missing person connected to criminal activity; or an illegal firearm or an illegal weapon on a K-12
school campus.
The prevention of a terrorist act.
The solving and closing of a criminal case involving a homicide or other violent felony offense that has gone
unsolved for one year or more after being reported to a law enforcement agency and that has no viable and
unexplored investigatory leads.
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BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Criminal Justice Subcommittee Hall Leshko
Government Operations
Subcommittee
Judiciary Committee
18
Ch. 98-319, L.O.F.
19
S. 16.555(4)(b), F.S., and S. 938.06, F.S.
20
S. 16.555(5)(b), F.S.
21
Id.
22
Florida Association of Crime Stoppers, Funding, https://facsflorida.org/who-we-are/62-2/ (last visited Mar. 28, 2025).
23
S. 16.555(5)(b-d), F.S..
24
S. 16.555(5)(e), F.S.