| 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; reenacting s. 92.56(1)(a), |
| 10 | F.S., relating to judicial proceedings and court records |
| 11 | involving sexual offenders, to incorporate the amendment |
| 12 | made to s. 119.071, F.S., in a reference thereto; |
| 13 | reenacting s. 119.0714(1)(h), F.S., relating to court |
| 14 | files and records, to incorporate the amendment made to s. |
| 15 | 119.071, F.S., in a reference thereto; reenacting s. |
| 16 | 794.024(1), F.S., relating to the unlawful disclosure of |
| 17 | identifying information, to incorporate the amendment made |
| 18 | to s. 119.071, F.S., in a reference thereto; providing an |
| 19 | effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Paragraph (h) of subsection (2) of section |
| 24 | 119.071, Florida Statutes, is amended to read: |
| 25 | 119.071 General exemptions from inspection or copying of |
| 26 | public records.- |
| 27 | (2) AGENCY INVESTIGATIONS.- |
| 28 | (h)1. The following criminal intelligence information or |
| 29 | criminal investigative information is confidential and exempt |
| 30 | from s. 119.07(1) and s. 24(a), Art. I of the State |
| 31 | Constitution: |
| 32 | a. Any information, including the photograph, name, |
| 33 | address, or other fact, which reveals the identity of the victim |
| 34 | of the crime of child abuse as defined by chapter 827. |
| 35 | b. Any information which may reveal the identity of a |
| 36 | person who is a victim of any sexual offense, including a sexual |
| 37 | offense proscribed in chapter 794, chapter 796, chapter 800, |
| 38 | chapter 827, or chapter 847. |
| 39 | c. A photograph, videotape, or image of any part of the |
| 40 | body of the victim of a sexual offense prohibited under chapter |
| 41 | 794, chapter 796, chapter 800, s. 810.145, chapter 827, or |
| 42 | chapter 847, regardless of whether the photograph, videotape, or |
| 43 | image identifies the victim. |
| 44 | 2. Criminal investigative information and criminal |
| 45 | intelligence information made confidential and exempt under this |
| 46 | paragraph may be disclosed by a law enforcement agency: |
| 47 | a. In the furtherance of its official duties and |
| 48 | responsibilities. |
| 49 | b. For print, publication, or broadcast if the law |
| 50 | enforcement agency determines that such release would assist in |
| 51 | locating or identifying a person that such agency believes to be |
| 52 | missing or endangered. The information provided should be |
| 53 | limited to that needed to identify or locate the victim and not |
| 54 | include the sexual nature of the offense committed against the |
| 55 | person. |
| 56 | c. To another governmental agency in the furtherance of |
| 57 | its official duties and responsibilities. |
| 58 | 3. This exemption applies to such confidential and exempt |
| 59 | criminal intelligence information or criminal investigative |
| 60 | information held by a law enforcement agency before, on, or |
| 61 | after the effective date of the exemption. |
| 62 | 4. This paragraph is subject to the Open Government Sunset |
| 63 | Review Act in accordance with s. 119.15, and shall stand |
| 64 | repealed on October 2, 2016 2013, unless reviewed and saved from |
| 65 | repeal through reenactment by the Legislature. |
| 66 | Section 2. The Legislature finds that it is a public |
| 67 | necessity that criminal intelligence information or criminal |
| 68 | investigative information that is a photograph, videotape, or |
| 69 | image of any part of the body of a victim of the sexual offense |
| 70 | of video voyeurism prohibited under s. 810.145, Florida |
| 71 | Statutes, be made confidential and exempt from public records |
| 72 | requirements. The Legislature finds that such photographs, |
| 73 | videotapes, or images often depict the victim in graphic |
| 74 | fashion, frequently nude. Such highly sensitive photographs, |
| 75 | videotapes, or images of a victim of the sexual offense of video |
| 76 | voyeurism, if viewed, copied, or publicized, could result in |
| 77 | trauma, sorrow, humiliation, or emotional injury to the victim |
| 78 | and the victim's family. |
| 79 | Section 3. For the purpose of incorporating the amendment |
| 80 | made by this act to section 119.071, Florida Statutes, in a |
| 81 | reference thereto, paragraph (a) of subsection (1) of section |
| 82 | 92.56, Florida Statutes, is reenacted to read: |
| 83 | 92.56 Judicial proceedings and court records involving |
| 84 | sexual offenses.- |
| 85 | (1)(a) The confidential and exempt status of criminal |
| 86 | intelligence information or criminal investigative information |
| 87 | made confidential and exempt pursuant to s. 119.071(2)(h) must |
| 88 | be maintained in court records pursuant to s. 119.0714(1)(h) and |
| 89 | in court proceedings, including testimony from witnesses. |
| 90 | Section 4. For the purpose of incorporating the amendment |
| 91 | made by this act to section 119.071, Florida Statutes, in a |
| 92 | reference thereto, paragraph (h) of subsection (1) of section |
| 93 | 119.0714, Florida Statutes, is reenacted to read: |
| 94 | 119.0714 Court files; court records; official records.- |
| 95 | (1) COURT FILES.-Nothing in this chapter shall be |
| 96 | construed to exempt from s. 119.07(1) a public record that was |
| 97 | made a part of a court file and that is not specifically closed |
| 98 | by order of court, except: |
| 99 | (h) Criminal intelligence information or criminal |
| 100 | investigative information that is confidential and exempt as |
| 101 | provided in s. 119.071(2)(h). |
| 102 | Section 5. For the purpose of incorporating the amendment |
| 103 | made by this act to section 119.071, Florida Statutes, in a |
| 104 | reference thereto, subsection (1) of section 794.024, Florida |
| 105 | Statutes, is reenacted to read: |
| 106 | 794.024 Unlawful to disclose identifying information.- |
| 107 | (1) A public employee or officer who has access to the |
| 108 | photograph, name, or address of a person who is alleged to be |
| 109 | the victim of an offense described in this chapter, chapter 800, |
| 110 | s. 827.03, s. 827.04, or s. 827.071 may not willfully and |
| 111 | knowingly disclose it to a person who is not assisting in the |
| 112 | investigation or prosecution of the alleged offense or to any |
| 113 | person other than the defendant, the defendant's attorney, a |
| 114 | person specified in an order entered by the court having |
| 115 | jurisdiction of the alleged offense, or organizations authorized |
| 116 | to receive such information made exempt by s. 119.071(2)(h), or |
| 117 | to a rape crisis center or sexual assault counselor, as defined |
| 118 | in s. 90.5035(1)(b), who will be offering services to the |
| 119 | victim. |
| 120 | Section 6. This act shall take effect July 1, 2011. |