Florida 2018 Regular Session Status: Enacted

HB 581 — Subpoenas in Investigations of Sexual Offenses

Last action — Chapter No. 2018-93

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 08, 2017. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

34 added · 23 removed

34 line(s) added, 23 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 581 2018 A bill to be entitled An act relating to subpoenas in investigations of sexual offenses;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB 581 2018 Legislature 2 An act relating to subpoenas in investigations of sexual offenses;
hb0581-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 581 2018 expiration of a nondisclosure period or delay of notification;
hb0581-02-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB 581 2018 Legislature expiration of a nondisclosure period or delay of notification;
hb0581-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 581 2018 to read:
hb0581-02-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB 581 2018 Legislature to read:
hb0581-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 581 2018 objects, except as provided in paragraphs (b) and (c).
hb0581-02-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB 581 2018 Legislature objects, except as provided in paragraphs (b) and (c).
hb0581-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 581 2018 received by means of electronic transmission from, a subscriber or customer of such service.
hb0581-02-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB 581 2018 Legislature received by means of electronic transmission from, a subscriber or customer of such service.
hb0581-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 581 2018 upon a recipient and accompanied by a written certification of a supervisory official that there is reason to believe that notification of the existence of the subpoena may have an adverse result, as described in subsection (7), the subpoena recipient is prohibited from disclosing to any person for a period of 180 days the existence of the subpoena.
hb0581-02-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB 581 2018 Legislature upon a recipient and accompanied by a written certification of a supervisory official that there is reason to believe that notification of the existence of the subpoena may have an adverse result, as described in subsection (7), the subpoena recipient is prohibited from disclosing to any person for a period of 180 days the existence of the subpoena.
hb0581-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 581 2018 who issued the written certification, the subpoena recipient shall identify to the investigative or law enforcement officer or supervisory official, before or at the time of compliance with the subpoena, the name of any person to whom disclosure was made under paragraph (a).
hb0581-02-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB 581 2018 Legislature who issued the written certification, the subpoena recipient shall identify to the investigative or law enforcement officer or supervisory official, before or at the time of compliance with the subpoena, the name of any person to whom disclosure was made under paragraph (a).
hb0581-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 581 2018 (8) The investigative or law enforcement officer shall maintain a true copy of a written certification obtained under subsection (5) or subsection (6).
hb0581-02-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB 581 2018 Legislature (8) The investigative or law enforcement officer shall maintain a true copy of a written certification obtained under subsection (5) or subsection (6).
hb0581-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 581 2018 delayed.
hb0581-02-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB 581 2018 Legislature delayed.
hb0581-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 581 2018 prohibited disclosure of a subpoena issued under subsection (2) for which a period of prohibition of disclosure provided in subsection (5), a delay of notification in subsection (6), or an extension thereof under subsection (9) is in effect is punishable as provided in s.
hb0581-02-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB 581 2018 Legislature prohibited disclosure of a subpoena issued under subsection (2) for which a period of prohibition of disclosure provided in subsection (5), a delay of notification in subsection (6), or an extension thereof under subsection (9) is in effect is punishable as provided in s.
hb0581-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 581 2018 compensated for reasonable expenses incurred in providing such assistance.
hb0581-02-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB 581 2018 Legislature compensated for reasonable expenses incurred in providing such assistance.
hb0581-01-c1
hb0581-02-er
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Action History

  1. Chapter No. 2018-93

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered enrolled

  5. CS passed; YEAS 37 NAYS 0

  6. Read 3rd time

  7. Placed on 3rd reading

  8. Read 2nd time

  9. Substituted for CS/CS/SB 618

  10. Placed on Calendar, on 2nd reading

  11. Withdrawn from Criminal Justice; Judiciary; Rules

  12. Received

  13. Referred to Criminal Justice; Judiciary; Rules

  14. In Messages

  15. CS passed; YEAS 115 NAYS 0

  16. Read 3rd time -HJ 755, 756

  17. Placed on 3rd reading

  18. Read 2nd time

  19. Placed on Special Order Calendar, 02/28/18

  20. Placed on Calendar

  21. Favorable by- Judiciary Committee; YEAS 18 NAYS 0

  22. On Committee agenda-- Judiciary Committee, 02/15/18, 9:00 am, Sumner Hall

  23. Now in Judiciary Committee

  24. CS referred to Judiciary Committee

  25. Original reference(s) removed: Justice Appropriations Subcommittee

  26. CS by Criminal Justice Subcommittee read 1st time

  27. Pending review of CS under Rule 7.18(c)

  28. CS by Criminal Justice Subcommittee; YEAS 10 NAYS 0

  29. On Committee agenda-- Criminal Justice Subcommittee, 01/24/18, 8:00 am, Sumner Hall

  30. Introduced

  31. Referred to Criminal Justice Subcommittee; Justice Appropriations Subcommittee; Judiciary Committee

  32. Filed

Sponsors

  • Latvala · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Latvala

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 37 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 29001
Republican 5000
Democrat 3000
Total 37001
% of votes cast 97%0%0%3%
How each member voted (38)
Member Party Vote
Baxley — Yea
Simmons — Yea
Bean — Yea
Gibson — Yea
Simpson — Yea
Benacquisto — Yea
Grimsley — Yea
Stargel — Yea
Hukill — Yea
Steube — Yea
Lee — Yea
Brandes — Yea
Braynon — Yea
Montford — Yea
Perry — Yea
Flores — Yea
Rader — Yea
Galvano — Yea
President Negron — Not Voting
Book — Yea
Bracy — Yea
Broxson — Yea
Farmer — Yea
Gainer — Yea
Hutson — Yea
Powell — Yea
Stewart — Yea
Thurston — Yea
Taddeo — Yea
Torres — Yea
Campbell, Daryl Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Young, RaShon Democrat Yea
Bradley, Jennifer Republican Yea
Garcia, Ileana Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea

Official roll call →

Passage, Third Reading

Passed 115 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 91001
Republican 20000
Democrat 4001
Total 115002
% of votes cast 98%0%0%2%
How each member voted (117)
Member Party Vote
Abruzzo — Yea
Gonzalez — Yea
Alexander — Yea
Grant, J. — Yea
Grant, M. — Yea
Raschein — Yea
Caldwell — Yea
Slosberg — Yea
Clemons — Yea
Smith — Yea
Latvala — Yea
Cortes, B. — Yea
Lee — Yea
Cortes, J. — Yea
Sullivan — Yea
Diaz, M. — Yea
Moraitis — Yea
Watson, B. — Yea
Watson, C. — Yea
Nunez — Yea
Williams — Yea
Fitzenhagen — Yea
Altman — Not Voting
Ahern — Yea
Asencio — Yea
Ausley — Yea
Beshears — Yea
Bileca — Yea
Brown — Yea
Byrd — Yea
Corcoran — Yea
Cruz — Yea
Cummings — Yea
Diamond — Yea
Donalds — Yea
Drake — Yea
DuBose — Yea
Duran — Yea
Eagle — Yea
Edwards-Walpole — Yea
Fant — Yea
Fine — Yea
Fischer — Yea
Geller — Yea
Good — Yea
Goodson — Yea
Hager — Yea
Hardemon — Yea
Henry — Yea
Harrison — Yea
Ingoglia — Yea
Ingram — Yea
Jacobs — Yea
Jacquet — Yea
Jenne — Yea
Killebrew — Yea
Magar — Yea
Mariano — Yea
McGhee — Yea
Mercado — Yea
Metz — Yea
Moskowitz — Yea
Newton — Yea
Oliva — Yea
Olszewski — Yea
Payne — Yea
Pigman — Yea
Peters — Yea
Ponder — Yea
Porter — Yea
Pritchett — Yea
Raburn — Yea
Renner — Yea
Richardson — Yea
Rodrigues — Yea
Rommel — Yea
Roth — Yea
Russell — Yea
Santiago — Yea
Shaw — Yea
Silvers — Yea
Sprowls — Yea
Spano — Yea
Stafford — Yea
Stevenson — Yea
Stone — Yea
Toledo — Yea
Trujillo — Yea
White — Yea
Willhite — Yea
Williamson — Yea
La Rosa — Yea
Antone, Bruce Hadley Democrat Yea
Berman, Lori Democrat Yea
Daniels, Kimberly Democrat Yea
Davis, Tracie Democrat Yea
Jones, Shevrin D. "Shev" Democrat Not Voting
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Burton, Colleen Republican Yea
Grall, Erin Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
Miller, Monique Republican Yea
Perez, Daniel Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Stark, Paula A. Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Favorable (Judiciary Committee)

Passed 18 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 15001
Republican 3002
Total 18003
% of votes cast 86%0%0%14%
How each member voted (21)
Member Party Vote
Alexander — Yea
Fitzenhagen — Yea
Gonzalez — Yea
Cortes, J. — Yea
Moraitis — Yea
Slosberg — Yea
Byrd — Yea
Diamond — Yea
Geller — Yea
Hager — Not Voting
Harrison — Yea
Metz — Yea
Pritchett — Yea
Spano — Yea
Sprowls — Yea
Stafford — Yea
Burgess, Danny Republican Yea
Grall, Erin Republican Not Voting
Perez, Daniel Republican Yea
Plakon, Rachel Saunders Republican Yea
Trumbull, Jay Republican Not Voting

Official roll call →

Favorable With Committee Substitute (Criminal Justice Subcommittee)

Passed 10 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 9003
Republican 1001
Total 10004
% of votes cast 71%0%0%29%
How each member voted (14)
Member Party Vote
Alexander — Yea
Gonzalez — Yea
Latvala — Yea
Sullivan — Yea
Altman — Not Voting
Slosberg — Yea
Eagle — Yea
Hager — Yea
Moskowitz — Not Voting
Pritchett — Yea
Richardson — Not Voting
Spano — Yea
Harrell, Gayle Republican Not Voting
Yarborough, Clay Republican Yea

Official roll call →

Subjects

civil-rights
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Frequently asked questions

Who sponsors HB 581?
HB 581 is sponsored by Latvala.
What is the current status of HB 581?
This bill has been enacted into law. Introduced November 08, 2017. Enacted.
Where can I track HB 581?
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