HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 233 Next of Kin of Deceased Minors
SPONSOR(S): Constitutional Rights, Rule of Law & Government Operations Subcommittee, Regulatory
Reform & Economic Development Subcommittee, Michael and others
TIED BILLS: HB 789 IDEN./SIM. BILLS: CS/SB 490
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY
CHIEF
1) Regulatory Reform & Economic Development 13 Y, 0 N, As CS Mortellaro Anstead
Subcommittee
2) Constitutional Rights, Rule of Law & 11 Y, 0 N, As CS Wagoner Miller
Government Operations Subcommittee
3) Commerce Committee 18 Y, 0 N Mortellaro Hamon
SUMMARY ANALYSIS
Currently, Florida law provides a list of rights for victims and witnesses of crimes. There are several enumerated
rights for families of certain victims of crime, but no specific mandate that law enforcement agencies provide certain
investigative and contact information to the next of kin of deceased minors who were the victim of a homicide.
The bill defines “next of kin” and requires that, during the criminal investigation of the death of a minor, the law
enforcement agency that initiates or bears the primary responsibility for the investigation must provide the minor's
next of kin with all of the following information:
The contact information for the primary investigator and each law enforcement agency for the investigation.
The case number for the investigation, if applicable.
A list of the minor's personal effects and information on how the minor's next of kin can collect such personal
effects, unless providing the information would jeopardize or otherwise interfere with an active investigation.
Information regarding the status of the investigation, at the discretion of the law enforcement agency.
The bill prohibits the law enforcement agency from providing any of the above information if doing so would
jeopardize or otherwise interfere with an active investigation. The law enforcement agency is not required to provide
investigative records generated during its investigation to a minor's next of kin for inspection.
The bill does not appear to have a significant fiscal impact on local or state gove rnments.
The bill provides an effective date of July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Investigation Materials
Under the Florida Constitution, victims of crime and their families are guaranteed certain rights and
protections.1 Florida law provides a list of rights for victims and witnesses in the criminal justice
system.2 The Department of Legal Affairs, the state attorneys, the Department of Corrections, the
Department of Juvenile Justice, the Florida Commission on Offender Review, the State Courts
Administrator and circuit court administrators, the Department of Law Enforcement, and every sheriff’s
department, police department, or other law enforcement agency are required to develop and
implement guidelines for the use of their respective agencies to achieve the statutory objectives.
Related to rights of a victim’s parent, guardian, or next of kin:
Law enforcement officers must distribute victim’s rights cards or brochures informing on the
right of the next of kin of a homicide victim to be informed, to be present, and to be heard when
relevant, at all crucial stages of a criminal or juvenile proceeding, to the extent that this right
does not interfere with the constitutional rights of the accused.3
In the case of a homicide, sexual offense, attempted murder or sexual offense, stalking, or
domestic violence, law enforcement officers or personnel of an organization that provides
assistance to the appropriate next of kin of the victim must request that the next of kin of the
victim complete a victim notification card, which provides a way of notification if a defendant is
released from custody.4
The chief administrator of a county jail, municipal jail, juvenile detention facility, or residential
commitment facility must make a reasonable attempt to notify the appropriate next of kin or
designated contact of a victim homicide, sexual offense, attempted murder or sexual offense,
stalking, or domestic violence before the defendant’s or offender’s release from custody, if the
victim notification card has been provided.5
The appropriate agency must provide notification of certain judicial and post judicial
proceedings to the parent or guardian of a minor victim and a relative of a homicide victim.
o A victim’s parent or guardian if the victim is a minor, or a victim’s next of kin may not be
excluded from any portion of any proceeding, unless the court determines such person’s
presence to be prejudicial.6
The state attorney must consult the guardian or family of a victim of a felony involving physical
or emotional injury, trauma, or homicide, in order to obtain the views of the victim or family
about the disposition of any criminal or juvenile case brought as a result of such crime. 7
Upon request, the state attorney must allow the victim’s parent or guardian if the victim is a
minor, or the victim’s next of kin in the case of a homicide to review a copy of the presentence
investigation report before the sentencing hearing if one was completed.
o Any confidential information that pertains to medical history, mental health, or substance
abuse and any information that pertains to any other victim must be redacted from the
copy of the report.
1 Art. I, s. 16, Fla. Const.
2 S. 960.001, F.S.
3 S. 960.001(1)(a)5., F.S.
4 S. 960.001(1)(b), F.S.
5 S. 960.001(1)(f), F.S.
6 S. 960.001(1)(e), F.S.
7 S. 960.001(1)(g)1., F.S.
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o Any person who reviews the report pursuant to this paragraph must maintain the
confidentiality of the report and may not disclose its contents to any person except
statements made to the state attorney or the court.8
The Department of Corrections must, upon request, notify the victim’s parent or guardian if the
victim is a minor, or the victim’s next of kin if the victim is a homicide victim if an inmate has
been approved for community work release.9
Curtis’ Law
In 1997, 16-year-old Curtis Williamson was murdered in California.10 Afterwards, his mother, Patricia
Ward, had difficulty obtaining information related to the investigation of his death. 11 Since then, his
mother moved to Florida and began pushing for greater investigation information access for parents of
deceased minors.12 An organization, Curtis’s & Co for Children Gone to Soon, Inc., was formed to
advocate for law reform nationwide to mandate that certain investigative and contact information be
made available to surviving family members in certain circumstances. 13 The proposed law is called
Curtis’ Law.14
In 2022, California passed SB 1268, a version of Curtis’ Law, which requires the law enforcement
agency that bears the primary responsibility for the investigation to provide a deceased minor victim’s
parent or guardian15 with the:16
Contact information of the primary law enforcement agency and the primary contact at such
agency;
Case number;
List of personal effects found with the minor and contact information to recover such effects,
unless doing so would interfere with an investigation; and
Status of the investigation, at the discretion of the law enforcement agency.
Law enforcement is not required to provide any information that would jeopardize or otherwise allow an
individual to interfere with the ongoing investigation or any records generated pursuant to their
investigation for inspection by a victim’s family. Law enforcement agencies providing information may
require any family member receiving the information to confirm their identity through a certified
declaration.17
Neither the Florida Constitution nor the statutory guidelines for fair treatment of victims of crime define
“family” or “next of kin.”
Next of Kin
Generally, “next of kin” means the nearest blood relation according to the law of consanguinity. 18
However, Florida statutes provide more specific definitions in different contexts. For example, in
proceedings pertaining to the protection or custody of children, “next of kin” is defined an adult relative
of a child who is the child’s brother, sister, aunt, uncle, or first cousin. 19 In the same statute, “family” is
8 S. 960.001(1)(g)2., F.S.
9 S. 960.001(1)(g)3., F.S.
10 Cole Heath, Action News Jax, Proposed Curtis Law would give families of murdered children informati on about their child's case,
https://www.actionnewsjax.com/news/local/proposed-curtis-law-would-give-families-of-murdered-ch ildren-information-about-their-
childs-case/502708049/ (last visited March 24, 2023).
11 Justice 4 Curtis, Our Story, https://justice4curtis.org/our-story/ (last visited March 24, 2023).
12 Action Jax News, supra note 39.
13 Justice 4 Curtis, supra note 40.
14 Justice 4 Curtis, Curtis Law, https://justice4curtis.org/the-proposed-law/ (last visited March 24, 2023).
15 Or immediate family if a parent or guardian cannot be located. “Immediate family” means the victim’s spouse, parent , guardian,
grandparent, aunt, uncle, brother, sister, and children or grandchildren who are related by blood, marriage, or adoption.
16 Cal. Penal Code § 679.09
17 Id.
18 Black’s Law Dictionary 1044 (6th Edition 1990).
19 S. 39.01(51), F.S.
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defined as a collective body of persons consisting of a child and parent, legal custodian, or adult
relative who live together or where there is a legal responsibility to care for the child, 20 “guardian” is
described as a relative, nonrelative, next of kin, or fictive kin who has physical custody of a child, 21 and
“parent” is the woman who gives birth to a child or the legal father or adoptive father. 22
Effect of the Bill
The bill, cited as Curtis’ Law, amends s. 960.001, F.S., to require that, during the investigation of the
death of a minor, the law enforcement agency that initiates or bears the primary responsibility for the
investigation must provide the minor's next of kin with all of the following information:
The contact information for the primary contact, if known, for the particular investigation, and if
more than one law enforcement agency is involved in the investigation, as well as the contact
information for each law enforcement agencies involved in the investigation.
The case number for the investigation, if applicable.
A list of the minor's personal effects that were found on or with the minor and information on
how the minor's next of kin can collect such personal effects. A law enforcement agency may
withhold the information if providing the information would jeopardize or otherwise interfere with
an active investigation.
Information regarding the status of the investigation, at the discretion of the law enforcement
agency.
The law enforcement agency may not provide any of the above information if doing so would jeopardize
or otherwise interfere with an active investigation. Further, the law enforcement agency is not required
to provide investigative records generated during its investigation to a minor's next of kin for inspection.
The bill adds cross-referenced definitions to describe “next of kin” to include “parent,” “guardian,”
“family,” and “next of kin” as defined in section 39.01, F.S.
B. SECTION DIRECTORY:
Section 1: Provides the act may be cited as “Curtis’ Law.”
Section 2: Amends s. 960.001, F.S., providing a definition and requiring certain law enforcement
agencies to provide certain investigation information.
Section 3: Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
20 S. 39.01(27), F.S.
21 S. 39.01(30), F.S. “Fictive Kin” is a person unrelated by birth, marriage, or adoption who has an emotionally significant relationship
with to a child. S. 39.01(28), F.S.
22 S. 39.01(56), F.S.
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Indeterminant. The bill may require more local agencies to comply with information requests by the
next of kin of deceased minors.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Law enforcement agencies will need to create guidelines for transmitting certain investigative
information to a deceased child’s next of kin.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 9, 2023, the Regulatory Reform and Economic Development Subcommittee adopted one
amendment and reported the bill favorably as a committee substitute. The committee substitute:
Clarified when an employee does not need to give their employer advanced notice of using their
leave.
Removed recourse for a person who is denied leave.
Expanded the list of investigative information required to be given to parents or guardians of
deceased children to include contact information for any secondary law enforcement agencies.
Made clarifying and conforming changes.
On March 28, 2023 the Constitutional Rights, Rule of Law & Government Operations Subcommittee
adopted a PCS and reported the bill favorably as a committee substitute. The PCS removed the
requirement for leave for employees who had a family member that became a homicide victim. The
PCS clarified the definition of “next of kin.” Further, the PCS provided that if there is an investigation
into the death of a minor, the law enforcement agency responsible for the investigation is responsible
for providing information to the minor’s next of kin.
This analysis is drawn to the bill as amended by the Constitutional Rights, Rule of Law & Government
Operations Subcommittee.
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Statutes affected: H 233 e1: 497.005
H 233 er: 497.005