Florida Senate - 2013                              CS for SB 542
       
       
       
       By the Committee on Criminal Justice; and Senator Braynon
       
       
       
       
       591-02196-13                                           2013542c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; creating an exemption from public
    4         records requirements for certain criminal intelligence
    5         information and criminal investigative information
    6         that might reveal the identity of a person who is a
    7         victim of human trafficking or a photograph,
    8         videotape, or image of any part of the body of the
    9         victim of human trafficking; amending s. 794.024,
   10         F.S.; prohibiting a public employee or officer who has
   11         access to identifying information of a person who is
   12         alleged to be the victim of human trafficking from
   13         willfully and knowingly disclosing the information to
   14         a person who is not assisting in the investigation or
   15         prosecution of the alleged offense; reenacting s.
   16         92.56(1)(a), F.S., relating to judicial proceedings
   17         and court records involving sexual offenses, to
   18         incorporate the amendment made to s. 119.071, F.S., in
   19         a reference thereto; providing for review and repeal;
   20         providing a statement of public necessity; providing
   21         an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Paragraph (h) of subsection (2) of section
   26  119.071, Florida Statutes, is amended to read:
   27         119.071 General exemptions from inspection or copying of
   28  public records.—
   29         (2) AGENCY INVESTIGATIONS.—
   30         (h)1. The following criminal intelligence information or
   31  criminal investigative information is confidential and exempt
   32  from s. 119.07(1) and s. 24(a), Art. I of the State
   33  Constitution:
   34         a. Any information, including the photograph, name,
   35  address, or other fact, which reveals the identity of the victim
   36  of the crime of child abuse as defined by chapter 827 or the
   37  victim of a violation of s. 787.06(3)(a), if the victim was
   38  under 18 years of age.
   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 s. 787.06(3)(d), (f), (g), or (h), chapter
   42  794, chapter 796, chapter 800, chapter 827, or chapter 847.
   43         c. A photograph, videotape, or image of any part of the
   44  body of the victim of a violation of s. 787.06(3)(a), if the
   45  victim was under 18 years of age, or the victim of a sexual
   46  offense prohibited under s. 787.06(3)(d), (f), (g), or (h),
   47  chapter 794, chapter 796, chapter 800, s. 810.145, chapter 827,
   48  or chapter 847, regardless of whether the photograph, videotape,
   49  or image identifies the victim.
   50         2. Criminal investigative information and criminal
   51  intelligence information made confidential and exempt under this
   52  paragraph may be disclosed by a law enforcement agency:
   53         a. In the furtherance of its official duties and
   54  responsibilities.
   55         b. For print, publication, or broadcast if the law
   56  enforcement agency determines that such release would assist in
   57  locating or identifying a person that such agency believes to be
   58  missing or endangered. The information provided should be
   59  limited to that needed to identify or locate the victim and not
   60  include the sexual nature of the offense committed against the
   61  person.
   62         c. To another governmental agency in the furtherance of its
   63  official duties and responsibilities.
   64         3. This exemption applies to such confidential and exempt
   65  criminal intelligence information or criminal investigative
   66  information held by a law enforcement agency before, on, or
   67  after the effective date of the exemption.
   68         4. This paragraph is subject to the Open Government Sunset
   69  Review Act in accordance with s. 119.15, and shall stand
   70  repealed on October 2, 2018 2016, unless reviewed and saved from
   71  repeal through reenactment by the Legislature.
   72         Section 2. Section 794.024, Florida Statutes, is amended to
   73  read:
   74         794.024 Unlawful to disclose identifying information.—
   75         (1)(a) A public employee or officer who has access to the
   76  photograph, name, or address of a person who is alleged to be
   77  the victim of an offense described in this chapter, s.
   78  787.06(3)(a), if the victim was under 18 years of age, s.
   79  787.06(3)(d), (f), (g), or (h), chapter 800, s. 827.03, s.
   80  827.04, or s. 827.071 may not willfully and knowingly disclose
   81  it to a person who is not assisting in the investigation or
   82  prosecution of the alleged offense or to any person other than
   83  the defendant, the defendant’s attorney, a person specified in
   84  an order entered by the court having jurisdiction of the alleged
   85  offense, or organizations authorized to receive such information
   86  made exempt by s. 119.071(2)(h), or to a rape crisis center or
   87  sexual assault counselor, as defined in s. 90.5035(1)(b), who
   88  will be offering services to the victim.
   89         (b) Paragraph (a) is subject to the Open Government Sunset
   90  Review Act in accordance with s. 119.15 and shall stand repealed
   91  on October 2, 2018, unless reviewed and saved from repeal
   92  through reenactment by the Legislature.
   93         (2) A violation of subsection (1) constitutes a misdemeanor
   94  of the second degree, punishable as provided in s. 775.082 or s.
   95  775.083.
   96         Section 3. For the purpose of incorporating the amendment
   97  made by this act to section 119.071, Florida Statutes, in a
   98  reference thereto, paragraph (a) of subsection (1) of section
   99  92.56, Florida Statutes, is reenacted to read:
  100         92.56 Judicial proceedings and court records involving
  101  sexual offenses.—
  102         (1)(a) The confidential and exempt status of criminal
  103  intelligence information or criminal investigative information
  104  made confidential and exempt pursuant to s. 119.071(2)(h) must
  105  be maintained in court records pursuant to s. 119.0714(1)(h) and
  106  in court proceedings, including testimony from witnesses.
  107         Section 4. The Legislature finds that it is a public
  108  necessity that personal identifying information relating to an
  109  individual who is an alleged victim of human trafficking be made
  110  confidential and exempt from public records requirements.
  111  Present Florida law provides that the identities and any
  112  photographs of victims of sexual offenses are confidential.
  113  However, victims of human trafficking are not included in this
  114  protection. The Legislature finds that instituting
  115  confidentiality protections sought here for victims of human
  116  trafficking would be identical to those confidentiality
  117  provisions presently in law protecting the identity of victims
  118  of other sexual offenses. These amendments recognize that
  119  victims of human trafficking deserve the same protection as
  120  victims of sexual abuse.
  121         Section 5. This act shall take effect July 1, 2013.