Senate Bill sb0126

    Florida Senate - 2003                                   SB 126

    By Senator Campbell





    32-59-03

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; providing an exemption from the

  4         public-records law for a photograph, videotape,

  5         digital image, electronic image, recorded

  6         image, or other visual image of any part of the

  7         body of a victim of a sexual offense; providing

  8         for future legislative review and repeal;

  9         providing a statement of public necessity;

10         providing an effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Paragraph (gg) is added to subsection (3)

15  of section 119.07, Florida Statutes, to read:

16         119.07  Inspection, examination, and duplication of

17  records; exemptions.--

18         (3)

19         (gg)  Any photograph, videotape, digital image,

20  electronic image, recorded image, or other visual image of any

21  part of the body of a victim of a sexual offense prohibited

22  under chapter 794, chapter 800, or chapter 827 is confidential

23  and exempt from subsection (1) and s. 24(a), Art. I of the

24  State Constitution, regardless of whether the photograph,

25  videotape, or image constitutes criminal intelligence

26  information, criminal investigative information, or any other

27  record or evidence in the custody or possession of a law

28  enforcement agency, state attorney, emergency medical service

29  agency, or medical facility. This paragraph is subject to the

30  Open Government Sunset Review Act of 1995, in accordance with

31  s. 119.15, and shall stand repealed on October 2, 2008, unless

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                   SB 126
    32-59-03




 1  reviewed and saved from repeal through reenactment by the

 2  Legislature.

 3         Section 2.  The Legislature finds that it is a public

 4  necessity that photographs, videotapes, and other digital or

 5  recorded images of any part of the body of a victim of a

 6  sexual offense be made confidential and exempt from the

 7  requirements of section 119.07(1), Florida Statutes, and

 8  Section 24(a) of Article I of the State Constitution. The

 9  Legislature finds that such photographs or images often depict

10  the victim in a graphic and disturbing fashion, and that such

11  photographs or images, if viewed, copied, or publicized, could

12  result in trauma, humiliation, or emotional injury to the

13  victim and the family of the victim. Accordingly, the

14  Legislature finds that the harm to the public which would

15  result from the release of such photographs, videotapes, or

16  other digital or recorded images substantially outweighs any

17  minimal public benefit derived therefrom.

18         Section 3.  This act shall take effect upon becoming a

19  law.

20  

21            *****************************************

22                          SENATE SUMMARY

23    Exempts from the public-records law any photograph,
      videotape, digital image, electronic image, recorded
24    image, or other visual image of any part of the body of a
      victim of a sexual offense. Provides for future
25    legislative review and repeal under the Open Government
      Sunset Review Act of 1995.
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CODING: Words stricken are deletions; words underlined are additions.