Bill Amendment: FL S1314 | 2016 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Public Records/Witness to a Felony
Status: 2016-03-11 - Died in Criminal Justice [S1314 Detail]
Download: Florida-2016-S1314-Senate_Committee_Amendment_849632.html
Bill Title: Public Records/Witness to a Felony
Status: 2016-03-11 - Died in Criminal Justice [S1314 Detail]
Download: Florida-2016-S1314-Senate_Committee_Amendment_849632.html
Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. SB 1314 Ì8496323Î849632 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Bradley) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (m) is added to subsection (2) of 6 section 119.071, Florida Statutes, to read: 7 119.071 General exemptions from inspection or copying of 8 public records.— 9 (2) AGENCY INVESTIGATIONS.— 10 (m)1. Notwithstanding any other provision of this 11 subsection, the personal identifying information of a witness to 12 a murder, as described in s. 782.04, is confidential and exempt 13 from s. 119.07(1) and s. 24(a), Art. I of the State Constitution 14 for 2 years after the date on which the murder is observed by 15 the witness. The personal identifying information may be 16 disclosed only to a criminal justice agency or governmental 17 entity for use in the performance of its official duties and 18 responsibilities. 19 2. This paragraph is subject to the Open Government Sunset 20 Review Act in accordance with s. 119.15 and shall stand repealed 21 on October 2, 2021, unless reviewed and saved from repeal 22 through reenactment by the Legislature. 23 Section 2. Paragraph (k) is added to subsection (1) of 24 section 119.0714, Florida Statutes, to read: 25 119.0714 Court files; court records; official records.— 26 (1) COURT FILES.—Nothing in this chapter shall be construed 27 to exempt from s. 119.07(1) a public record that was made a part 28 of a court file and that is not specifically closed by order of 29 court, except: 30 (k) Personal identifying information of a witness to a 31 murder as provided in s. 119.071(2)(m). 32 Section 3. The Legislature finds that it is a public 33 necessity that personal identifying information of a witness to 34 a murder, as described in s. 782.04, Florida Statutes, be made 35 confidential and exempt from s. 119.07(1), Florida Statutes, and 36 s. 24(a), Article I of the State Constitution for 2 years after 37 the date on which the murder is observed by the witness. The 38 judicial system cannot function without the participation of 39 witnesses. Complete cooperation and truthful testimony of 40 witnesses is essential to the determination of the facts of a 41 case. The public disclosure of personal identifying information 42 of a witness to a murder could have an undesirable chilling 43 effect on witnesses stepping forward and providing their 44 eyewitness accounts of murders. A witness to a murder may be 45 unwilling to cooperate fully with law enforcement officers if 46 the witness knows his or her personal identifying information 47 can be made publicly available. A witness may be less likely to 48 call a law enforcement officer and report a murder if his or her 49 personal identifying information is made available in connection 50 with the murder that is being reported or under investigation. 51 The Legislature further finds that a witness could become the 52 subject of intimidation tactics or threats by the perpetrator of 53 the murder if the witness’s personal identifying information is 54 publicly available. For these reasons, the Legislature finds 55 that it is a public necessity that the personal identifying 56 information of a witness to a murder, as described in s. 782.04, 57 Florida Statutes, be made confidential and exempt from public 58 record requirements. 59 Section 4. This act shall take effect July 1, 2016. 60 61 ================= T I T L E A M E N D M E N T ================ 62 And the title is amended as follows: 63 Delete everything before the enacting clause 64 and insert: 65 A bill to be entitled 66 An act relating to public records; amending s. 67 119.071, F.S.; providing an exemption from public 68 records requirements for personal identifying 69 information of a witness to a murder for a specified 70 period; authorizing specified entities to receive the 71 information; providing for future legislative review 72 and repeal of the exemption; amending s. 119.0714, 73 F.S.; providing that the public records exemption 74 applies to personal identifying information of a 75 witness to a murder which is made part of a court 76 file; providing a statement of public necessity; 77 providing an effective date.