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Florida Senate - 2025 CS for CS for SB 1266 By the Committees on Rules; and Criminal Justice; and Senator Gruters 595-03669-25 20251266c2 1 A bill to be entitled 2 An act relating to public records; amending s. 3 119.071, F.S.; providing definitions; expanding a 4 public records exemption for crime victims to include 5 the name and personal identification number of the 6 victim and any other information or records that could 7 be used to locate, intimidate, harass, or abuse a 8 victim or the victims family; providing that such 9 exemption includes records generated by any agency 10 that regularly generates information from or 11 concerning the victims of crime; providing that 12 certain records identifying law enforcement officers 13 who are involved in a use of force incident are 14 confidential and exempt for a specified timeframe; 15 providing requirements for extending such timeframe; 16 providing for future legislative review and repeal of 17 the exemptions; providing a statement of public 18 necessity; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1.Paragraph (j) of subsection (2) of section 23 119.071, Florida Statutes, is amended to read: 24 119.071General exemptions from inspection or copying of 25 public records. 26 (2)AGENCY INVESTIGATIONS. 27 (j)1.a.For purposes of this subparagraph, the term: 28 (I)Employing agency head means an elected or appointed 29 head official of an employing agency as defined in s. 943.10(4) 30 who is certified under s. 943.13. 31 (II)Officer means any full-time, part-time, or auxiliary 32 law enforcement officer, correctional officer, or correctional 33 probation officer certified under s. 943.13. 34 (III)Use of force incident means any incident that 35 occurs within the scope of an officers employment or official 36 duties and involves the officers use of deadly force as defined 37 in s. 776.06, or any other use of force that results in great 38 bodily harm. 39 (IV)Victim means a person who suffers direct or 40 threatened physical, psychological, or financial harm as a 41 result of the commission or attempted commission of a crime or 42 delinquent act or against whom the crime or delinquent act is 43 committed. The term includes the victims lawful representative, 44 the parent or guardian of a minor, or the next of kin of a 45 homicide victim, except upon a showing that the interest of such 46 person would be in actual or potential conflict with the 47 interests of the victim. The term does not include the accused. 48 b.(I)Any public record document that reveals the identity, 49 including the name or personal identification number, home or 50 employment telephone number, home or employment address, or 51 personal assets of the victim, or any other information or 52 records that could be used to locate, intimidate, harass, or 53 abuse the victim or the victims family of a crime and 54 identifies that person as the victim of a crime, which public 55 record is generated or document is received by any agency that 56 regularly generates or receives information from or concerning 57 the victims of crime, is exempt from s. 119.07(1) and s. 24(a), 58 Art. I of the State Constitution. 59 (II)This sub-subparagraph is subject to the Open 60 Government Sunset Review Act in accordance with s. 119.15 and 61 shall stand repealed on October 2, 2030, unless reviewed and 62 saved from repeal through reenactment by the Legislature. If, 63 after review, this sub-subparagraph is not reenacted, the text 64 of this sub-subparagraph shall revert to that in existence on 65 June 30, 2025, except that any amendments to this sub 66 subparagraph enacted other than by this act shall be preserved 67 and continue to operate to the extent that such amendments are 68 not dependent upon the amendments to the sub-subparagraph made 69 by this act. 70 c.Any information not otherwise held confidential or 71 exempt from s. 119.07(1) which reveals the home or employment 72 telephone number, home or employment address, or personal assets 73 of a person who has been the victim of sexual battery, 74 aggravated child abuse, aggravated stalking, harassment, 75 aggravated battery, or domestic violence is exempt from s. 76 119.07(1) and s. 24(a), Art. I of the State Constitution, upon 77 written request by the victim, which must include official 78 verification that an applicable crime has occurred. Such 79 information shall cease to be exempt 5 years after the receipt 80 of the written request. 81 d.Any state or federal agency that is authorized to have 82 access to such documents by any provision of law shall be 83 granted such access in the furtherance of such agencys 84 statutory duties, notwithstanding this section. 85 e.(I)Any public record that reveals the identity, 86 including the name or personal identification number, home or 87 cellular telephone number, home address, personal assets, or any 88 other information that could be used to locate, intimidate, 89 harass, or abuse any officer who is involved in a use of force 90 incident is confidential and exempt from s. 119.07(1) and s. 91 24(a), Art. I of the State Constitution for a period of 72 hours 92 immediately following the use of force incident. Upon the 93 expiration of the 72-hour period, the officers identity shall 94 be subject to s. 119.07(1) unless the employing agency head 95 determines it is necessary to extend the confidentiality of any 96 public record that reveals the officers identity and 97 identifying information. 98 (II)The employing agency head may extend the 99 confidentiality of any public record that reveals the officers 100 identity beyond the 72-hour period if he or she determines it is 101 necessary. An employing agency head must make written findings 102 to disseminate to the public explaining the necessity of the 103 extension. 104 (III)The exemption or confidentiality may be extended 105 until the employing agency head determines that there is no 106 further necessity for the confidentiality of any public record 107 that reveals the officers identity to remain. The employing 108 agency head must consider the applicable officers circumstances 109 and, upon the officers request, consult with the officer, to 110 determine if an extension is necessary. If an extension was 111 granted after the original 72-hour period, and the employing 112 agency head subsequently determines that the officer is no 113 longer entitled to the protection of his or her identity, the 114 employing agency head must give notice to the officer 5 days 115 before the release of any public record that reveals the 116 officers identity. 117 (IV)This sub-subparagraph is subject to the Open 118 Government Sunset Review Act in accordance with s. 119.15 and 119 shall stand repealed on October 2, 2030, unless reviewed and 120 saved from repeal through reenactment by the Legislature. 121 2.a.Any information in a videotaped statement of a minor 122 who is alleged to be or who is a victim of sexual battery, lewd 123 acts, or other sexual misconduct proscribed in chapter 800 or in 124 s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s. 125 847.0133, or s. 847.0145, which reveals that minors identity, 126 including, but not limited to, the minors face; the minors 127 home, school, church, or employment telephone number; the 128 minors home, school, church, or employment address; the name of 129 the minors school, church, or place of employment; or the 130 personal assets of the minor; and which identifies that minor as 131 the victim of a crime described in this subparagraph, held by a 132 law enforcement agency, is confidential and exempt from s. 133 119.07(1) and s. 24(a), Art. I of the State Constitution. Any 134 governmental agency that is authorized to have access to such 135 statements by any provision of law shall be granted such access 136 in the furtherance of the agencys statutory duties, 137 notwithstanding the provisions of this section. 138 b.A public employee or officer who has access to a 139 videotaped statement of a minor who is alleged to be or who is a 140 victim of sexual battery, lewd acts, or other sexual misconduct 141 proscribed in chapter 800 or in s. 794.011, s. 827.071, s. 142 847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145 143 may not willfully and knowingly disclose videotaped information 144 that reveals the minors identity to a person who is not 145 assisting in the investigation or prosecution of the alleged 146 offense or to any person other than the defendant, the 147 defendants attorney, or a person specified in an order entered 148 by the court having jurisdiction of the alleged offense. A 149 person who violates this provision commits a misdemeanor of the 150 first degree, punishable as provided in s. 775.082 or s. 151 775.083. 152 Section 2.The Legislature finds that s. 16(b), Article I 153 of the State Constitution mandates that crime victims have a 154 right to be free from intimidation, harassment, and abuse and 155 that it is a public necessity that information or records that 156 may be used to locate, intimidate, harass, or abuse crime 157 victims be made exempt under s. 119.07(1), Florida Statutes, and 158 s. 24(a), Article I of the State Constitution. The Legislature 159 finds that the release of such information or records may deter 160 crime victims or the families of crime victims from cooperating 161 with law enforcement and reporting criminal acts. Additionally, 162 the Legislature finds it is a public necessity that information 163 or records that may be used to locate, intimidate, harass, or 164 abuse officers involved in use of force incidents be made 165 confidential and exempt for up to 72 hours, unless an extension 166 is found necessary, under s. 119.07(1), Florida Statutes, and s. 167 24(a), Article I of the State Constitution. The Legislature 168 finds that officers involved in use of force incidents may be 169 victimized as a result of such incident, and that the immediate 170 release of such information or records may place such officers 171 at risk. The Legislature further finds that the harm that may 172 result from the release of such information or records outweighs 173 any public benefit that may be derived from the disclosure of 174 the information. 175 Section 3.This act shall take effect July 1, 2025.
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