Florida Senate - 2017                       CS for CS for SB 450
       
       
        
       By the Committees on Governmental Oversight and Accountability;
       and Criminal Justice; and Senator Brandes
       
       
       
       
       585-02942-17                                           2017450c2
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 901.40,
    3         F.S.; providing that the personal identifying
    4         information of an adult participating in a civil
    5         citation or prearrest diversion program is exempt from
    6         public records requirements; providing applicability;
    7         providing for future review and repeal of the
    8         exemption; providing for retroactive application;
    9         providing a statement of public necessity; providing a
   10         contingent effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (6) is added to section 901.40,
   15  Florida Statutes, as created by SB 448, 2017 Regular Session, to
   16  read:
   17         901.40 Prearrest diversion programs.—
   18         (6) PUBLIC RECORDS EXEMPTION.—The personal identifying
   19  information of an adult participating in a civil citation or
   20  prearrest diversion program is exempt from s. 119.07(1) and s.
   21  24(a), Art. I of the State Constitution. The exemption does not
   22  apply to the personal identifying information of an adult who
   23  fails to complete the civil citation or prearrest diversion
   24  program. This exemption applies to personal identifying
   25  information held by a law enforcement agency, a program services
   26  provider, or the entity operating an adult civil citation or
   27  prearrest diversion program before, on, or after the effective
   28  date of this exemption. This subsection is subject to the Open
   29  Government Sunset Review Act in accordance with s. 119.15 and
   30  shall stand repealed on October 2, 2022, unless reviewed and
   31  saved from such repeal through reenactment by the Legislature.
   32         Section 2. The Legislature finds that it is a public
   33  necessity that the personal identifying information of an adult
   34  participating in a civil citation or prearrest diversion program
   35  is exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   36  Article I of the State Constitution. The exemption does not
   37  apply to the personal identifying information of an adult who
   38  fails to complete the civil citation or prearrest diversion
   39  program. The goal of such programs is to give a second chance to
   40  adults who commit misdemeanor offenses and allow them the
   41  opportunity to avoid having an arrest record. If the personal
   42  identifying information of such adults were not exempt from
   43  disclosure, it would defeat the program’s goal of giving adults
   44  who commit misdemeanor offenses a means to avoid the negative
   45  consequences of an arrest and prosecution. If such information
   46  were able to be obtained by the public, the disclosure might
   47  negatively impact the effectiveness of the program. For these
   48  reasons, the Legislature finds that it is a public necessity
   49  that the personal identifying information of an adult
   50  participating in a civil citation or prearrest diversion program
   51  is exempt from public records requirements.
   52         Section 3. This act shall take effect on the same date that
   53  SB 448 or similar legislation takes effect, if such legislation
   54  is adopted in the same legislative session or an extension
   55  thereof and becomes a law.