HB 1019, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to a public records exemption for
3	identifying information contained in a videotaped
4	statement of a minor; amending s. 119.07, F.S., relating
5	to the public records exemption for any information in a
6	videotaped statement of a minor who is alleged to be or
7	who is a victim of sexual battery, lewd acts, or other
8	sexual misconduct which reveals the minor's identity;
9	making editorial changes; adding clarifying language;
10	removing the October 2, 2003, repeal thereof scheduled
11	under the Open Government Sunset Review Act of 1995;
12	providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1. Notwithstanding the October 2, 2003, repeal of
17	subparagraph 2. of paragraph (s) of subsection (3) of section
18	119.07, Florida Statutes, scheduled pursuant to the Open
19	Government Sunset Review Act of 1995, paragraph (s) of
20	subsection (3) of section 119.07, Florida Statutes, is amended
21	to read:
22	119.07 Inspection, examination, and duplication of
23	records; exemptions.--
24	(3)
25	(s)1. Any document that reveals the identity, home or
26	employment telephone number, home or employment address, or
27	personal assets of the victim of a crime and identifies that
28	person as the victim of a crime, which document is received by
29	any agency that regularly receives information from or
30	concerning the victims of crime, is exempt from the provisions
31	of subsection (1) and s. 24(a), Art. I of the State
32	Constitution. Any information not otherwise held confidential or
33	exempt from the provisions of subsection (1) which reveals the
34	home or employment telephone number, home or employment address,
35	or personal assets of a person who has been the victim of sexual
36	battery, aggravated child abuse, aggravated stalking,
37	harassment, aggravated battery, or domestic violence is exempt
38	from the provisions of subsection (1) and s. 24(a), Art. I of
39	the State Constitution, upon written request by the victim,
40	which must include official verification that an applicable
41	crime has occurred. Such information shall cease to be exempt 5
42	years after the receipt of the written request. Any state or
43	federal agency that is authorized to have access to such
44	documents by any provision of law shall be granted such access
45	in the furtherance of such agency's statutory duties,
46	notwithstanding the provisions of this section.
47	2.a.Any information in a videotaped statement of a minor
48	who is alleged to be or who is a victim of sexual battery, lewd
49	acts, or other sexual misconduct proscribed in chapter 800 or in
50	s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s.
51	847.0133, or s. 847.0145, which reveals that minor's identity,
52	including, but not limited to, the minor's face; the minor's
53	home, school, church, or employment telephone number; the
54	minor's home, school, church, or employment address; the name of
55	the minor's school, church, or place of employment; or the
56	personal assets of the minor; and which identifies that minor as
57	the victim of a crime described in this subparagraph, held by a
58	law enforcement agency,is confidential and exempt from
59	subsection (1) and s. 24(a), Art. I of the State Constitution.
60	Any governmental agency that is authorized to have access to
61	such statements by any provision of law shall be granted such
62	access in the furtherance of the agency's statutory duties,
63	notwithstanding the provisions of this section. This
64	subparagraph is subject to the Open Government Sunset Review Act
65	of 1995 in accordance with s. 119.15, and shall stand repealed
66	on October 2, 2003.
67	b.3. A public employee or officer who has access to athe
68	videotaped statement of a minor who is alleged to be or who is a
69	victim of sexual battery, lewd acts, or other sexual misconduct
70	proscribed in chapter 800 or in s. 794.011, s. 827.071, s.
71	847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145,
72	may not willfully and knowingly disclose videotaped information
73	that reveals thethatminor's identity to a person who is not
74	assisting in the investigation or prosecution of the alleged
75	offense or to any person other than the defendant, the
76	defendant's attorney, or a person specified in an order entered
77	by the court having jurisdiction of the alleged offense.
78	4. A person who violates this provisionsubparagraph 3.
79	commits a misdemeanor of the first degree, punishable as
80	provided in s. 775.082 or s. 775.083.
81	Section 2. This act shall take effect October 1, 2003.