Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1426
       
       
       
       
       
       
                                Ì857298aÎ857298                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/31/2014           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (h) of subsection (2) of section
    6  119.071, Florida Statutes, is amended to read:
    7         119.071 General exemptions from inspection or copying of
    8  public records.—
    9         (2) AGENCY INVESTIGATIONS.—
   10         (h)1. The following criminal intelligence information or
   11  criminal investigative information is confidential and exempt
   12  from s. 119.07(1) and s. 24(a), Art. I of the State
   13  Constitution:
   14         a. Any information that, including the photograph, name,
   15  address, or other fact, which reveals the identity of the victim
   16  of the crime of child abuse as defined by chapter 827 or that
   17  reveals the identity of a person under the age of 18 who is the
   18  victim of the crime of human trafficking proscribed in s.
   19  787.06(3)(a).
   20         b. Any information that which may reveal the identity of a
   21  person who is a victim of any sexual offense, including a sexual
   22  offense proscribed in s. 787.06(3)(b), (d), (f), (g), or (h),
   23  chapter 794, chapter 796, chapter 800, chapter 827, or chapter
   24  847.
   25         c. A photograph, videotape, or image of any part of the
   26  body of the victim of a sexual offense prohibited under s.
   27  787.06(3)(b), (d), (f), (g), or (h), chapter 794, chapter 796,
   28  chapter 800, s. 810.145, chapter 827, or chapter 847, regardless
   29  of whether the photograph, videotape, or image identifies the
   30  victim.
   31         2. Criminal investigative information and criminal
   32  intelligence information made confidential and exempt under this
   33  paragraph may be disclosed by a law enforcement agency:
   34         a. In the furtherance of its official duties and
   35  responsibilities.
   36         b. For print, publication, or broadcast if the law
   37  enforcement agency determines that such release would assist in
   38  locating or identifying a person that such agency believes to be
   39  missing or endangered. The information provided should be
   40  limited to that needed to identify or locate the victim and not
   41  include the sexual nature of the offense committed against the
   42  person.
   43         c. To another governmental agency in the furtherance of its
   44  official duties and responsibilities.
   45         3. This exemption applies to such confidential and exempt
   46  criminal intelligence information or criminal investigative
   47  information held by a law enforcement agency before, on, or
   48  after the effective date of the exemption.
   49         4. This paragraph is subject to the Open Government Sunset
   50  Review Act in accordance with s. 119.15, and shall stand
   51  repealed on October 2, 2019 2016, unless reviewed and saved from
   52  repeal through reenactment by the Legislature.
   53         Section 2. Subsection (11) is added to section 943.0583,
   54  Florida Statutes, to read:
   55         943.0583 Human trafficking victim expunction.—
   56         (11)(a) The following criminal intelligence information or
   57  criminal investigative information is confidential and exempt
   58  from s. 119.07(1) and s. 24(a), Art. I of the State
   59  Constitution:
   60         1. Any information that reveals the identity of a person
   61  who is a victim of human trafficking whose criminal history
   62  record has been expunged under this section.
   63         2. Any information that may reveal the identity of a person
   64  who is a victim of human trafficking whose criminal history
   65  record has been ordered expunged under this section.
   66         (b) Criminal investigative information and criminal
   67  intelligence information made confidential and exempt under this
   68  subsection may be disclosed by a law enforcement agency:
   69         1. In the furtherance of its official duties and
   70  responsibilities.
   71         2. For print, publication, or broadcast if the law
   72  enforcement agency determines that such release would assist in
   73  locating or identifying a person that the agency believes to be
   74  missing or endangered. The information provided should be
   75  limited to that needed to identify or locate the victim.
   76         3. To another governmental agency in the furtherance of its
   77  official duties and responsibilities.
   78         (c) This exemption applies to such confidential and exempt
   79  criminal intelligence information or criminal investigative
   80  information held by a law enforcement agency before, on, or
   81  after the effective date of the exemption.
   82         (d) This subsection is subject to the Open Government
   83  Sunset Review Act in accordance with s. 119.15 and shall stand
   84  repealed on October 2, 2019, unless reviewed and saved from
   85  repeal through reenactment by the Legislature.
   86         Section 3. The Legislature finds that it is a public
   87  necessity to make confidential and exempt from public records
   88  requirements certain criminal intelligence information or
   89  criminal investigative information that reveals the identity of
   90  a victim of the crime of human trafficking of a minor for labor
   91  or any victim of human trafficking for commercial sexual
   92  activity. The Legislature finds that it is important to
   93  strengthen the protections afforded victims of human trafficking
   94  for labor who are minors and victims of human trafficking for
   95  commercial sexual activity, regardless of age, in order to
   96  ensure their privacy and to prevent their revictimization by
   97  making such information confidential and exempt. The identity of
   98  these victims is information of a sensitive personal nature. As
   99  such, this exemption serves to minimize the trauma to victims
  100  because the release of such information would compound the
  101  tragedy already visited upon their lives and would be defamatory
  102  to or cause unwarranted damage to the good name or reputation of
  103  the victims. Protecting the release of identifying information
  104  of such victims protects them from further embarrassment,
  105  harassment, or injury. The Legislature also finds that it is a
  106  public necessity that information in the investigative or
  107  intelligence records related to a criminal history record
  108  ordered expunged under s. 943.0583, Florida Statutes, which
  109  would or could reasonably be expected to reveal the identity of
  110  a person who is a victim of human trafficking whose criminal
  111  history record has been ordered expunged under s. 943.0583,
  112  Florida Statutes, be made confidential and exempt from s.
  113  119.07(1), Florida Statutes, and s. 24(a), Article I of the
  114  State Constitution. Persons who are victims of human trafficking
  115  and who have been charged with crimes allegedly committed at the
  116  behest of their traffickers are themselves victims of crimes.
  117  Such victims face barriers to employment and other life
  118  opportunities as long as these criminal charges remain on record
  119  and accessible to potential employers and others. It is
  120  necessary that these records be made confidential and exempt in
  121  order for human trafficking victims to have the chance to
  122  rebuild their lives and reenter society.
  123         Section 4. This act shall take effect on the same date that
  124  SB 1440 or similar legislation relating to human trafficking
  125  takes effect, if such legislation is adopted in the same
  126  legislative session or an extension thereof and becomes a law.
  127  
  128  ================= T I T L E  A M E N D M E N T ================
  129  And the title is amended as follows:
  130         Delete everything before the enacting clause
  131  and insert:
  132                        A bill to be entitled                      
  133         An act relating to public records; amending s.
  134         119.071, F.S.; revising an exemption from public
  135         records requirements for certain criminal intelligence
  136         and investigative information to exempt information
  137         that reveals the identity of a victim of certain human
  138         trafficking offenses; amending s. 943.0583, F.S.;
  139         providing an exemption from public records
  140         requirements for investigative information relating to
  141         criminal history records of human trafficking victims
  142         that have been ordered expunged; providing for future
  143         legislative review and repeal of the exemption;
  144         providing a statement of public necessity; providing a
  145         contingent effective date.