Florida SB 1146: Public Records/Photograph, Video, or Audio Recording that Depicts or Records the Killing of a Person

Bill Text

1146 
Public Records/Recordings of Protective Investigations 
2026-01-05T12:08:39Z 
Providing an exemption from public records requirements for recordings of interviews conducted as part of a protective investigation by the Department of Children and Families; authorizing the release of such recordings to certain persons; providing for future legislative review and repeal of the exemption; providing a statement of public necessity, etc. 
Original Filed Version 
2026 
S 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 1146 

 By Senator Rodriguez 

 40-00573-26 20261146__ 
 1 A bill to be entitled 
 2 An act relating to public records; amending s. 39.301, 
 3 F.S.; providing an exemption from public records 
 4 requirements for recordings of interviews conducted as 
 5 part of a protective investigation by the Department 
 6 of Children and Families; authorizing the release of 
 7 such recordings to certain persons; providing for 
 8 future legislative review and repeal of the exemption; 
 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. Paragraph (c) of subsection (25) of section 
 15 39.301, Florida Statutes, as created by SB 1144 or similar 
 16 legislation, is amended to read: 
 17 39.301 Initiation of protective investigations.— 
 18 (25) 
 19 (c)1. A recording created pursuant to this section must be 
 20 retained for at least 5 years. 
 21 2. Recordings created pursuant to this section are 
 22 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 
 23 of the State Constitution. A copy of a recording made 
 24 confidential and exempt under this subparagraph may be released 
 25 only: 
 26 a. To persons conducting an investigation under this part, 
 27 who must maintain the confidentiality of the recording; or 
 28 b. Upon request in connection with a judicial proceeding, 
 29 to the caregiver of the child subject to the protective 
 30 investigation for which the interview took place, except as 
 31 otherwise provided by court order. 
 32 3. Subparagraph 2. is subject to the Open Government Sunset 
 33 Review Act in accordance with s. 119.15 and shall stand repealed 
 34 on October 2, 2031, unless reviewed and saved from repeal 
 35 through reenactment by the Legislature. 
 36 Section 2. The Legislature finds that it is a public 
 37 necessity that recordings of interviews conducted as part of a 
 38 protective investigation by the Department of Children and 
 39 Families be made confidential and exempt from s. 119.07(1), 
 40 Florida Statutes, and s. 24(a), Article I of the State 
 41 Constitution. The Legislature finds that the recordings of such 
 42 interviews must be protected from public disclosure to protect 
 43 the privacy and identity of victims of and witnesses to acts of 
 44 child abuse, abandonment, and neglect. These interviews include 
 45 discussions of very sensitive topics, including physical abuse, 
 46 sexual abuse, and neglect. Confidentiality is necessary to 
 47 maintain a safe environment for children who have experienced 
 48 trauma and to preserve the integrity of investigations and 
 49 potential prosecution. The Legislature further finds that this 
 50 exemption aligns with federal law requiring the states to 
 51 preserve the confidentiality of all child abuse and neglect 
 52 reports and records to protect the rights of children and their 
 53 parents and guardians. The Legislature finds that the harm that 
 54 may result from the release of such recordings outweighs the 
 55 public benefit that may be derived from the disclosure of the 
 56 recordings. 
 57 Section 3. This act shall take effect on the same date that 
 58 SB 1144 or similar legislation takes effect, if such legislation 
 59 is adopted in the same legislative session or an extension 
 60 thereof and becomes a law.