Florida Senate - 2011                             CS for SB 1168
       
       
       
       By the Committee on Criminal Justice; and Senators Oelrich and
       Lynn
       
       
       
       591-03796-11                                          20111168c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing an exemption from public
    4         records requirements for the dissemination of a
    5         photograph, videotape, or other image of any part of
    6         the body of a victim of a sexual offense which is made
    7         or broadcast by a video voyeur and which constitutes
    8         criminal investigation information or criminal
    9         intelligence information in an agency investigation;
   10         providing for future repeal and legislative review of
   11         the exemption under the Open Government Sunset Review
   12         Act; providing a statement of public necessity;
   13         reenacting s. 92.56(1)(a), F.S., relating to judicial
   14         proceedings and court records involving sexual
   15         offenders, to incorporate the amendment made to s.
   16         119.071, F.S., in a reference thereto; reenacting s.
   17         119.0714(1)(h), F.S., relating to court files and
   18         records, to incorporate the amendment made to s.
   19         119.071, F.S., in a reference thereto; reenacting s.
   20         794.024(1), F.S., relating to the unlawful disclosure
   21         of identifying information, to incorporate the
   22         amendment made to s. 119.071, F.S., in a reference
   23         thereto; providing an effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Paragraph (h) of subsection (2) of section
   28  119.071, Florida Statutes, is amended to read:
   29         119.071 General exemptions from inspection or copying of
   30  public records.—
   31         (2) AGENCY INVESTIGATIONS.—
   32         (h)1. The following criminal intelligence information or
   33  criminal investigative information is confidential and exempt
   34  from s. 119.07(1) and s. 24(a), Art. I of the State
   35  Constitution:
   36         a. Any information, including the photograph, name,
   37  address, or other fact, which reveals the identity of the victim
   38  of the crime of child abuse as defined by chapter 827.
   39         b. Any information that which may reveal the identity of a
   40  person who is a victim of any sexual offense, including a sexual
   41  offense proscribed in chapter 794, chapter 796, chapter 800,
   42  chapter 827, or chapter 847.
   43         c. A photograph, videotape, or image of any part of the
   44  body of the victim of a sexual offense prohibited under chapter
   45  794, chapter 796, chapter 800, s. 810.145, chapter 827, or
   46  chapter 847, regardless of whether the photograph, videotape, or
   47  image identifies the victim.
   48         2. Criminal investigative information and criminal
   49  intelligence information made confidential and exempt under this
   50  paragraph may be disclosed by a law enforcement agency:
   51         a. In the furtherance of its official duties and
   52  responsibilities.
   53         b. For print, publication, or broadcast if the law
   54  enforcement agency determines that such release would assist in
   55  locating or identifying a person that such agency believes to be
   56  missing or endangered. The information provided should be
   57  limited to that needed to identify or locate the victim and not
   58  include the sexual nature of the offense committed against the
   59  person.
   60         c. To another governmental agency in the furtherance of its
   61  official duties and responsibilities.
   62         3. This exemption applies to such confidential and exempt
   63  criminal intelligence information or criminal investigative
   64  information held by a law enforcement agency before, on, or
   65  after the effective date of the exemption.
   66         4. This paragraph is subject to the Open Government Sunset
   67  Review Act in accordance with s. 119.15, and shall stand
   68  repealed on October 2, 2016 2013, unless reviewed and saved from
   69  repeal through reenactment by the Legislature.
   70         Section 2. The Legislature finds that it is a public
   71  necessity that images of any part of the body of a victim of a
   72  sexual offense recorded or broadcast by a video voyeur not be
   73  disseminated to the public. Such displays, even if they do not
   74  identify the victim, are inappropriate for public access. Under
   75  current law, it is possible for persons to obtain access to
   76  photographs or videos of victims of video voyeurism crimes
   77  through a public-records request. These illegally and
   78  surreptitiously taken photographs or videos are usually of
   79  women, and commonly show the victims undressed or engaged in
   80  private acts of personal hygiene or sexual conduct. These
   81  activities are not intended for public view or inspection. This
   82  restriction of public access recognizes the basic privacy rights
   83  of these victims by preventing access to or possible public
   84  dissemination of such photographs or videotapes.
   85         Section 3. For the purpose of incorporating the amendment
   86  made by this act to section 119.071, Florida Statutes, in a
   87  reference thereto, paragraph (a) of subsection (1) of section
   88  92.56, Florida Statutes, is reenacted to read:
   89         92.56 Judicial proceedings and court records involving
   90  sexual offenses.—
   91         (1)(a) The confidential and exempt status of criminal
   92  intelligence information or criminal investigative information
   93  made confidential and exempt pursuant to s. 119.071(2)(h) must
   94  be maintained in court records pursuant to s. 119.0714(1)(h) and
   95  in court proceedings, including testimony from witnesses.
   96         Section 4. For the purpose of incorporating the amendment
   97  made by this act to section 119.071, Florida Statutes, in a
   98  reference thereto, paragraph (h) of subsection (1) of section
   99  119.0714, Florida Statutes, is reenacted to read:
  100         119.0714 Court files; court records; official records.—
  101         (1) COURT FILES.—Nothing in this chapter shall be construed
  102  to exempt from s. 119.07(1) a public record that was made a part
  103  of a court file and that is not specifically closed by order of
  104  court, except:
  105         (h) Criminal intelligence information or criminal
  106  investigative information that is confidential and exempt as
  107  provided in s. 119.071(2)(h).
  108         Section 5. For the purpose of incorporating the amendment
  109  made by this act to section 119.071, Florida Statutes, in a
  110  reference thereto, subsection (1) of section 794.024, Florida
  111  Statutes, is reenacted to read:
  112         794.024 Unlawful to disclose identifying information.—
  113         (1) A public employee or officer who has access to the
  114  photograph, name, or address of a person who is alleged to be
  115  the victim of an offense described in this chapter, chapter 800,
  116  s. 827.03, s. 827.04, or s. 827.071 may not willfully and
  117  knowingly disclose it to a person who is not assisting in the
  118  investigation or prosecution of the alleged offense or to any
  119  person other than the defendant, the defendant’s attorney, a
  120  person specified in an order entered by the court having
  121  jurisdiction of the alleged offense, or organizations authorized
  122  to receive such information made exempt by s. 119.071(2)(h), or
  123  to a rape crisis center or sexual assault counselor, as defined
  124  in s. 90.5035(1)(b), who will be offering services to the
  125  victim.
  126         Section 6. This act shall take effect July 1, 2011.