THE BILL ITSELF
CS/HB 1113
Pub. Rec./Crime Victims
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An act relating to public records; amending s.
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119.071, F.S.; defining terms; expanding a public
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records exemption for crime victims to include the
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name and personal identification number of a victim
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and any other information that could be used to
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locate, intimidate, harass, or abuse the victim;
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providing that such exemption includes the portions of
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records generated by any agency that regularly
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generates or receives information from or concerning
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victims of crime; providing for a public records
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exemption for the identity of a victim's family
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member, lawful representative, or next of kin and any
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other information that could be used to locate,
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intimidate, harass, or abuse these individuals;
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providing that such exemption includes the portions of
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records generated or received by any agency that
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regularly generates or receives information from or
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concerning victims of crime; providing applicability;
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providing that the name of a law enforcement officer
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in a public record which identifies him or her as a
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victim of crime in specified circumstances is
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confidential and exempt for 72 hours and providing
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that such information is exempt for 60 days
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thereafter; providing construction; providing for
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future legislative review and repeal of the
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exemptions; providing a statement of public necessity;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (j) of subsection (2) of section
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119.071, Florida Statutes, is amended to read:
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119.071 General exemptions from inspection or copying of
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public records.—
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(2) AGENCY INVESTIGATIONS.—
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(j)1.a. For purposes of this subparagraph, the term:
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(I) "Family member" means a spouse, child, parent or legal
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guardian, or sibling. This term does not include the accused.
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(II) "Officer" means any full-time, part-time, or
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auxiliary law enforcement officer, correctional officer, or
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correctional probation officer certified under s. 943.13.
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(III) "Victim" means a person who suffers direct or
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threatened physical, psychological, or financial harm as a
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result of the commission or attempted commission of a crime or
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delinquent act or against whom the crime or delinquent act is
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committed. The term does not include the accused.
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b.(I) Any portion of a public record which document that
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reveals the identity, including the name or personal
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identification number, home or employment telephone number, home
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or employment address, or personal assets, of a the victim, or
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any other information that could be used to locate, intimidate,
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harass, or abuse the victim, which of a crime and identifies
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that person as the victim of a crime, and which is a public
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record that is generated or document is received by any agency
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that regularly generates or receives information from or
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concerning the victims of crime, is exempt from s. 119.07(1) and
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s. 24(a), Art. I of the State Constitution.
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(II) Any portion of a public record which reveals the
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identity, including the name or personal identification number,
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home or employment telephone number, home or employment address,
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or personal assets, of a lawful representative, family member,
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or next of kin of the person identified as a victim by the
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public record, or any other information that could be used to
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locate, intimidate, harass, or abuse such persons, and which is
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a public record that is generated or received by any agency that
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regularly generates or receives information from or concerning
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the victims of crime is exempt from s. 119.07(1) and s. 24(a),
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Art. I of the State Constitution. This exemption does not apply
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to the accused, or to a lawful representative, family member, or
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next of kin of a victim upon a showing that the interest of such
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person would be in actual or potential conflict with the
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interests of the victim.
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(III)(A) Notwithstanding sub-sub-subparagraph
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(2)(j)1.b.(I), the portion of a public record exempted under
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sub-sub-subparagraph (2)(j)1.b.(I) which contains the name of an
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officer who became a victim in the course and scope of the
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officer's employment or official duties is confidential and
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exempt from s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution for the first 72 hours after the incident in which
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the officer became a victim. These portions of a public record
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are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution for an additional 60 days after the expiration of
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the 72-hour period. After the expiration of the 60-day period,
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the portion of a public record which contains the name of an
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officer who became a victim in the course and scope of his or
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her employment or official duties and which identifies the
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officer as a victim is no longer exempt.
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(B) Sub-sub-sub-subparagraph (2)(j)1.b.(III)(A) does not
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supersede the exemption provided for victims of sexual battery
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in sub-subparagraph (2)(h)1.b.
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(IV) This sub-subparagraph is subject to the Open
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Government Sunset Review Act in accordance with s. 119.15 and
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shall stand repealed on October 2, 2031, unless reviewed and
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saved from repeal through reenactment by the Legislature. If,
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after review, this sub-subparagraph is not reenacted, the text
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of this sub-subparagraph shall revert to that in existence on
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June 30, 2026, except that any amendments to this sub-
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subparagraph enacted other than by this act shall be preserved
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and continue to operate to the extent that such amendments are
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not dependent upon the amendments to the sub-subparagraph made
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by this act.
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c. Any information not otherwise held confidential or
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exempt from s. 119.07(1) which reveals the home or employment
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telephone number, home or employment address, or personal assets
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of a person who has been the victim of sexual battery,
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aggravated child abuse, aggravated stalking, harassment,
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aggravated battery, or domestic violence is exempt from s.
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119.07(1) and s. 24(a), Art. I of the State Constitution, upon
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written request by the victim, which must include official
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verification that an applicable crime has occurred. Such
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information shall cease to be exempt 5 years after the receipt
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of the written request.
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d. Any state or federal agency that is authorized to have
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access to such documents by any provision of law shall be
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granted such access in the furtherance of such agency's
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statutory duties, notwithstanding this section.
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2.a. Any information in a videotaped statement of a minor
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who is alleged to be or who is a victim of sexual battery, lewd
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acts, or other sexual misconduct proscribed in chapter 800 or in
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s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s.
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847.0133, or s. 847.0145, which reveals that minor's identity,
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including, but not limited to, the minor's face; the minor's
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home, school, church, or employment telephone number; the
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minor's home, school, church, or employment address; the name of
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the minor's school, church, or place of employment; or the
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personal assets of the minor; and which identifies that minor as
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the victim of a crime described in this subparagraph, held by a
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law enforcement agency, is confidential and exempt from s.
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119.07(1) and s. 24(a), Art. I of the State Constitution. Any
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governmental agency that is authorized to have access to such
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statements by any provision of law shall be granted such access
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in the furtherance of the agency's statutory duties,
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notwithstanding the provisions of this section.
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b. A public employee or officer who has access to a
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videotaped statement of a minor who is alleged to be or who is a
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victim of sexual battery, lewd acts, or other sexual misconduct
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proscribed in chapter 800 or in s. 794.011, s. 827.071, s.
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847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145
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may not willfully and knowingly disclose videotaped information
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that reveals the minor's identity to a person who is not
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assisting in the investigation or prosecution of the alleged
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offense or to any person other than the defendant, the
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defendant's attorney, or a person specified in an order entered
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by the court having jurisdiction of the alleged offense. A
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person who violates this provision commits a misdemeanor of the
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first degree, punishable as provided in s. 775.082 or s.
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775.083.
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Section 2. (1) The Legislature finds that it is a public
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necessity that the following information held by an agency that
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regularly generates or receives information from or concerning
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victims of crime be made exempt from s. 119.07(1), Florida
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Statutes, and s. 24(a), Article I of the State Constitution:
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(a) The portions of public records which identify a person
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as a victim of a crime, or any other information that could be
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used to locate, intimidate, harass, or abuse a victim.
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(b) The portions of public records which reveal the
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identity of a lawful representative, family member, or next of
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kin of a person identified as a victim by the public record, or
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any other information that could be used to locate, intimidate,
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harass, or abuse such persons.
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(2) The Legislature finds that it is a public necessity
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that the portion of public records which is held by an agency
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that regularly generates or receives information from or
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concerning victims of crime and which contains the name of an
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officer who became a victim in the course and scope of the
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officer's employment or official duties be made confidential and
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exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
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Article I of the State Constitution for a 72-hour period after
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the incident in which the officer became a victim. The
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Legislature further finds it is a public necessity that these
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portions of a public record be exempt from s. 119.07(1), Florida
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Statutes, and s. 24(a), Article I of the State Constitution for
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an additional 60 days after the expiration of the 72-hour
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period.
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(3) Victims, and their lawful representatives, family
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members, and next of kin, have a right to be free from
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intimidation, harassment, and abuse. Community attention is
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often piqued when a person becomes a victim, which may lead to
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the undue intrusion into the person's privacy, as well as the
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privacy of his or her lawful representative, family member, or
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next of kin. The identifying information of such persons could
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be used to further traumatize them. The risk of additional harm
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or harassment outweighs any public benefit that may be derived
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from the public disclosure of such information. The Legislature
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also finds that the release of such portions of records may
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deter crime victims from cooperating with law enforcement and
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reporting criminal acts based on a victim's fear of additional
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retaliation or attention. This exemption is narrowly tailored to
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balance the public's right to access public records by allowing
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the release of the name of a law enforcement officer who becomes
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a victim within the course and scope of his or her employment or
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duties 63 days after the incident. The risk of additional harm
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or harassment outweighs any public benefit that may be derived
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from the public disclosure of such information.
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Section 3. This act shall take effect July 1, 2026.