Florida 2025 Regular Session

Florida House Bill H1443 Latest Draft

Bill / Introduced Version Filed 02/28/2025

                               
 
HB 1443   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1443-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to public records; amending s. 2 
119.071, F.S.; expanding a public records exemption 3 
for the names of crime victims and specified documents 4 
or records that could be used to locate or harass the 5 
victim or the victim's family; providing that certain 6 
records identifying law enfor cement officers who 7 
become crime victims are confidential for a specified 8 
period of time; providing an extension of time if 9 
certain procedures are followed; providing for future 10 
legislative review and repeal of the exemption; 11 
providing a statement of publi c necessity; providing 12 
an effective date. 13 
 14 
Be It Enacted by the Legislature of the State of Florida: 15 
 16 
 Section 1.  Paragraph (j) of subsection (2) of section 17 
119.071, Florida Statutes, is amended to read: 18 
 119.071  General exemptions from inspection or copying of 19 
public records.— 20 
 (2)  AGENCY INVESTIGATIONS. — 21 
 (j)1.a. Any document that reveals the identity, including 22 
the name, home or employment telephone number, home or 23 
employment address, or personal assets of any individual, the 24 
victim of a crime and identifies that person as the victim of a 25     
 
HB 1443   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
crime, as defined in s. 16(e), Art. I of the State Constitution, 26 
or any document or record that could be used to locate or harass 27 
the victim or the victim's family, which document is received by 28 
any agency that regularly receives information from or 29 
concerning the victim of a victims of crime, under s. 16(b)(5), 30 
Art. I of the State Constitution is exempt from s. 119.07(1) and 31 
s. 24(a), Art. I of the State Constitution. Any information not 32 
otherwise held confiden tial or exempt from s. 119.07(1) which 33 
reveals the home or employment telephone number, home or 34 
employment address, or personal assets of a person who has been 35 
the victim of sexual battery, aggravated child abuse, aggravated 36 
stalking, harassment, aggravate d battery, or domestic violence 37 
is exempt from s. 119.07(1) and s. 24(a), Art. I of the State 38 
Constitution, upon written request by the victim, which must 39 
include official verification that an applicable crime has 40 
occurred. Such information shall cease to be exempt 5 years 41 
after the receipt of the written request. Any state or federal 42 
agency that is authorized to have access to such documents by 43 
any provision of law shall be granted such access in the 44 
furtherance of such agency's statutory duties, notwithst anding 45 
this section. 46 
 b.(I)  The identity of any officer, as defined in s. 47 
943.10(14), who uses deadly force as defined in s. 776.06, or 48 
any force that results in serious bodily injury and who becomes 49 
the victim of a crime in the course and scope of the of ficer's 50     
 
HB 1443   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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employment or official duties in the same or a related incident, 51 
is exempt from the public records law as set forth in sub -sub-52 
subparagraphs (II) and (III). 53 
 (II)  During the 48 hours immediately following an incident 54 
in which an officer becomes th e victim of a crime, the identity 55 
of the officer shall be confidential. At the expiration of the 56 
48-hour period, the officer's identity shall be subject to 57 
public record laws unless the elected or appointed head of the 58 
officer's employing agency, as that t erm is defined in s. 59 
943.10(4), provides written findings setting forth the necessity 60 
for an extension of the confidentiality of the officer's 61 
identity. 62 
 (III)  The written findings by the elected or appointed 63 
head of the officer's employing agency shall s tate the necessity 64 
of extending the confidentiality of the officer's identity 65 
beyond the 48-hour period and the written findings must be made 66 
public before the 48 -hour period expires. An extension may not 67 
exceed 15 days and must contain findings documentin g the 68 
continued necessity for the additional extension. Subsequent 69 
exemptions may not exceed 15 days for a total of 30 days. 70 
 (IV)  The exemptions created under this sub -subparagraph 71 
are subject to the Open Government Sunset Review Act in 72 
accordance with s. 119.15 and shall stand repealed on October 2, 73 
2030, unless reviewed and saved from repeal through reenactment 74 
by the Legislature. 75     
 
HB 1443   	2025 
 
 
 
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 2.a.  Any information in a videotaped statement of a minor 76 
who is alleged to be or who is a victim of sexual battery, lewd 77 
acts, or other sexual misconduct proscribed in chapter 800 or in 78 
s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s. 79 
847.0133, or s. 847.0145, which reveals that minor's identity, 80 
including, but not limited to, the minor's face; the minor's 81 
home, school, church, or employment telephone number; the 82 
minor's home, school, church, or employment address; the name of 83 
the minor's school, church, or place of employment; or the 84 
personal assets of the minor; and which identifies that minor as 85 
the victim of a crime described in this subparagraph, held by a 86 
law enforcement agency, is confidential and exempt from s. 87 
119.07(1) and s. 24(a), Art. I of the State Constitution. Any 88 
governmental agency that is authorized to have access to such 89 
statements by any pro vision of law shall be granted such access 90 
in the furtherance of the agency's statutory duties, 91 
notwithstanding the provisions of this section. 92 
 b.  A public employee or officer who has access to a 93 
videotaped statement of a minor who is alleged to be or wh o is a 94 
victim of sexual battery, lewd acts, or other sexual misconduct 95 
proscribed in chapter 800 or in s. 794.011, s. 827.071, s. 96 
847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145 97 
may not willfully and knowingly disclose videotaped information 98 
that reveals the minor's identity to a person who is not 99 
assisting in the investigation or prosecution of the alleged 100     
 
HB 1443   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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offense or to any person other than the defendant, the 101 
defendant's attorney, or a person specified in an order entered 102 
by the court having jurisdiction of the alleged offense. A 103 
person who violates this provision commits a misdemeanor of the 104 
first degree, punishable as provided in s. 775.082 or s. 105 
775.083. 106 
 Section 2. The Legislature finds that s. 16(b), Article I 107 
of the State Constitutio n mandates that records and documents 108 
that may be used to locate and harass crime victims, including 109 
records or documents that identify the crime victim, including 110 
the crime victim's name, be made exempt from s. 119.07(1), 111 
Florida Statutes, and s. 24(a), A rticle I of the State 112 
Constitution. The Legislature further finds that exempting 113 
records or documents that identify the crime victim, the 114 
victim's family, or any information that may be used to threaten 115 
or harass the victim or the victim's family from s. 1 19.07(1), 116 
Florida Statutes, and s. 24(a), Article I of the State 117 
Constitution is a public necessity to prevent the possibility of 118 
further trauma. The Legislature also finds that the release of 119 
such records or documents may deter crime victims from 120 
cooperating with law enforcement and reporting criminal acts. 121 
 Section 3. This act shall take effect upon becoming a law. 122