HB 409

1	A bill to be entitled
2	An act relating to public records; amending s. 119.071,
3	F.S.; expanding the exemption from public records
4	requirements for criminal intelligence information and
5	criminal investigative information to include photographs,
6	videotapes, or images of any part of the body of a victim
7	of the sexual offense of video voyeurism; providing for
8	future review and repeal of the exemption; providing a
9	statement of public necessity; providing an effective
10	date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Paragraph (h) of subsection (2) of section
15	119.071, Florida Statutes, is amended to read:
16	119.071  General exemptions from inspection or copying of
17	public records.-
18	(2)  AGENCY INVESTIGATIONS.-
19	(h)1.  The following criminal intelligence information or
20	criminal investigative information is confidential and exempt
21	from s. 119.07(1) and s. 24(a), Art. I of the State
22	Constitution:
23	a.  Any information, including the photograph, name,
24	address, or other fact, which reveals the identity of the victim
25	of the crime of child abuse as defined by chapter 827.
26	b.  Any information which may reveal the identity of a
27	person who is a victim of any sexual offense, including a sexual
28	offense proscribed in chapter 794, chapter 796, chapter 800,
29	chapter 827, or chapter 847.
30	c.  A photograph, videotape, or image of any part of the
31	body of the victim of a sexual offense prohibited under chapter
32	794, chapter 796, chapter 800, s. 810.145, chapter 827, or
33	chapter 847, regardless of whether the photograph, videotape, or
34	image identifies the victim.
35	2.  Criminal investigative information and criminal
36	intelligence information made confidential and exempt under this
37	paragraph may be disclosed by a law enforcement agency:
38	a.  In the furtherance of its official duties and
39	responsibilities.
40	b.  For print, publication, or broadcast if the law
41	enforcement agency determines that such release would assist in
42	locating or identifying a person that such agency believes to be
43	missing or endangered. The information provided should be
44	limited to that needed to identify or locate the victim and not
45	include the sexual nature of the offense committed against the
46	person.
47	c.  To another governmental agency in the furtherance of
48	its official duties and responsibilities.
49	3.  This exemption applies to such confidential and exempt
50	criminal intelligence information or criminal investigative
51	information held by a law enforcement agency before, on, or
52	after the effective date of the exemption.
53	4.  This paragraph is subject to the Open Government Sunset
54	Review Act in accordance with s. 119.15, and shall stand
55	repealed on October 2, 2016 2013, unless reviewed and saved from
56	repeal through reenactment by the Legislature.
57	Section 2.  The Legislature finds that it is a public
58	necessity that criminal intelligence information or criminal
59	investigative information that is a photograph, videotape, or
60	image of any part of the body of a victim of the sexual offense
61	of video voyeurism prohibited under s. 810.145, Florida
62	Statutes, be made confidential and exempt from public records
63	requirements. The Legislature finds that such photographs,
64	videotapes, or images often depict the victim in graphic
65	fashion, frequently nude. Such highly sensitive photographs,
66	videotapes, or images of a victim of the sexual offense of video
67	voyeurism, if viewed, copied, or publicized, could result in
68	trauma, sorrow, humiliation, or emotional injury to the victim
69	and the victim's family.
70	Section 3.  This act shall take effect July 1, 2011.

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