Florida Senate - 2025 SB 1266 By Senator Gruters 22-01300-25 20251266__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 119.071, F.S.; revising a public records exemption for 4 documents that reveal certain information about the 5 victim of a crime to include only public records that 6 reveal such information; providing an exemption from 7 public records requirements for any other personal 8 identifying or location information that could be used 9 to locate or harass a victim or the victims family; 10 deleting an exemption for information that reveals 11 certain information about a victim of sexual battery, 12 aggravated child abuse, aggravated stalking, 13 harassment, aggravated battery, or domestic violence 14 upon written request of the victim; requiring that 15 confidential information be released as needed in 16 furtherance of any judicial proceeding; prohibiting 17 such access from being denied to criminal defendants; 18 prohibiting certain persons from revealing such 19 confidential information to any outside party except 20 under certain circumstances; providing criminal 21 penalties; providing construction; providing for 22 future legislative review and repeal of the exemption; 23 providing a statement of public necessity; providing 24 an effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1.Paragraph (j) of subsection (2) of section 29 119.071, Florida Statutes, is amended to read: 30 119.071General exemptions from inspection or copying of 31 public records. 32 (2)AGENCY INVESTIGATIONS. 33 (j)1.Any public record document that reveals the identity, 34 name, personal identification number, home or employment 35 telephone number, home or employment address, or personal assets 36 of the victim, or any other personal identifying or location 37 information that could be used to locate or harass the victim or 38 the victims family, of a crime and identifies that person as 39 the victim of a crime, which public record is generated or 40 document is received by any agency that regularly generates or 41 receives information from or concerning the victims of crime, is 42 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 43 of the State Constitution. The confidential and exempt 44 information must be released as needed in furtherance of any 45 judicial proceeding, access may not be denied to a criminal 46 defendant, and the protections provided in this subparagraph may 47 not interfere with the constitutional rights of any defendant. 48 Those entitled to access the confidential and exempt information 49 as part of any judicial proceeding may not reveal to any outside 50 party any confidential and exempt information obtained under 51 this paragraph except as reasonably necessary to prepare a 52 defense and to pursue legal remedies. A person who violates this 53 subparagraph commits a misdemeanor of the first degree, 54 punishable as provided in s. 775.082 or s. 775.083. This 55 subparagraph does not restrict the contempt powers of any court 56 or the courts inherent authority to regulate the conduct of the 57 parties in any judicial proceeding Any information not otherwise 58 held confidential or exempt from s. 119.07(1) which reveals the 59 home or employment telephone number, home or employment address, 60 or personal assets of a person who has been the victim of sexual 61 battery, aggravated child abuse, aggravated stalking, 62 harassment, aggravated battery, or domestic violence is exempt 63 from s. 119.07(1) and s. 24(a), Art. I of the State 64 Constitution, upon written request by the victim, which must 65 include official verification that an applicable crime has 66 occurred. Such information shall cease to be exempt 5 years 67 after the receipt of the written request. Any state or federal 68 agency that is authorized to have access to such documents by 69 any provision of law shall be granted such access in the 70 furtherance of such agencys statutory duties, notwithstanding 71 this section. This subparagraph is subject to the Open 72 Government Sunset Review Act in accordance with s. 119.15 and 73 shall stand repealed on October 2, 2030, unless reviewed and 74 saved from repeal through reenactment by the Legislature. 75 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 minors identity, 80 including, but not limited to, the minors face; the minors 81 home, school, church, or employment telephone number; the 82 minors home, school, church, or employment address; the name of 83 the minors 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 provision of law shall be granted such access 90 in the furtherance of the agencys 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 who 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 minors identity to a person who is not 99 assisting in the investigation or prosecution of the alleged 100 offense or to any person other than the defendant, the 101 defendants 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 it is a public 107 necessity that certain information that could be used to locate 108 or harass a victim of a crime or the victims family and certain 109 public records generated by any agency that regularly generates 110 information from or concerning the victims of crime be made 111 confidential and exempt from s. 119.07(1), Florida Statutes, and 112 s. 24(a), Article I of the State Constitution. The Legislature 113 finds that the disclosure of such personal identifying and 114 location information would constitute an unwarranted risk to, 115 and jeopardize the safety of, victims and their family members. 116 The Legislature further finds that it is important to strengthen 117 the protections afforded victims in order to ensure their 118 privacy, protect them from further harassment, and prevent their 119 revictimization by making such information confidential and 120 exempt. 121 Section 3.This act shall take effect July 1, 2025.