Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 450
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Criminal Justice (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5  	Section 1. Subsection (6) is added to section 901.40,
    6  Florida Statutes, as created by SB 448, 2017 Regular Session, to
    7  read:
    8  	901.40 Prearrest diversion programs.—
    9  	(6) PUBLIC RECORDS EXEMPTION.—The personal identifying
   10  information of an adult who participates in a prearrest
   11  diversion program, as encouraged by this section, is exempt from
   12  s. 119.07(1), and s. 24(a), Art. I of the State Constitution.
   13  This subsection is subject to the Open Government Sunset Review
   14  Act in accordance with s. 119.15 and shall stand repealed on
   15  October 2, 2022, unless reviewed and saved from such repeal
   16  through reenactment by the Legislature.
   17  	Section 2. The Legislature finds that it is a public
   18  necessity that the personal identifying information of an adult
   19  who participates in a prearrest diversion program be exempt from
   20  s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
   21  State Constitution. The goal of such programs is to give a
   22  second chance to adults who commit misdemeanor offenses and
   23  allow them the opportunity to avoid having an arrest record. If
   24  the personal identifying information of such adults were not
   25  exempt from disclosure, it would defeat the program's goal of
   26  giving adults who commit misdemeanor offenses a means to avoid
   27  the negative consequences of an arrest and prosecution. If such
   28  information were able to be obtained by the public, the
   29  disclosure might negatively impact the effectiveness of the
   30  program. For these reasons, the Legislature finds that it is a
   31  public necessity that the personal identifying information of an
   32  adult who participates in a prearrest diversion program be
   33  exempt from public records requirements.
   34         	Section 3. This act shall take effect on the same date
   35  that SB 448 or similar legislation takes effect, if such
   36  legislation is adopted in the same legislative session or an
   37  extension thereof and becomes a law.
   38  
   39  ================= T I T L E  A M E N D M E N T ================
   40  And the title is amended as follows:
   41         Delete everything before the enacting clause
   42  and insert:
   43                        A bill to be entitled                      
   44         An act relating to public records; amending s. 901.40,
   45         F.S.; providing that the personal identifying
   46         information of an adult who participates in a
   47         prearrest diversion program is exempt from public
   48         record requirements; providing for future review and
   49         repeal of the exemption; providing a statement of
   50         public necessity; providing a contingent effective
   51         date.