Florida Senate - 2016                                    SB 1366
       
       
        
       By Senator Abruzzo
       
       25-01535-16                                           20161366__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; expanding the exemption from public
    4         records requirements for criminal intelligence
    5         information and criminal investigative information to
    6         include information, photographs, videotapes, or
    7         images of victims of specified offenses; providing for
    8         future review and repeal of the exemption; providing a
    9         statement of public necessity; reenacting s.
   10         92.56(1)(a), F.S., relating to judicial proceedings
   11         and court records involving sexual offenses, s.
   12         119.011(3)(c), F.S, relating to definitions for public
   13         records, s. 119.0714(1)(h), F.S., relating to court
   14         files and records, s. 794.024(1), F.S., relating to
   15         the unlawful disclosure of identifying information,
   16         and s. 794.03, F.S., relating to making it unlawful to
   17         publish or broadcast information identifying sexual
   18         offense victim, to incorporate the amendment made by
   19         the act to s. 119.071, F.S., in references thereto;
   20         providing a contingent effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Paragraphs (h) and (j) of subsection (2) of
   25  section 119.071, Florida Statutes, are amended to read:
   26         119.071 General exemptions from inspection or copying of
   27  public records.—
   28         (2) AGENCY INVESTIGATIONS.—
   29         (h)1. The following criminal intelligence information or
   30  criminal investigative information is confidential and exempt
   31  from s. 119.07(1) and s. 24(a), Art. I of the State
   32  Constitution:
   33         a. Any information that reveals the identity of the victim
   34  of the crime of child abuse as defined by chapter 827 or that
   35  reveals the identity of a person under the age of 18 who is the
   36  victim of the crime of human trafficking proscribed in s.
   37  787.06(3)(a).
   38         b. Any information that may reveal the identity of a person
   39  who is a victim of any sexual offense, including a sexual
   40  offense proscribed in s. 787.06(3)(b), (d), (f), or (g), chapter
   41  794, chapter 796, chapter 800, chapter 827, or chapter 847.
   42         c. A photograph, videotape, or image of any part of the
   43  body of the victim of a sexual offense prohibited under s.
   44  787.06(3)(b), (d), (f), or (g), chapter 794, chapter 796,
   45  chapter 800, s. 810.145, chapter 827, or chapter 847, regardless
   46  of whether the photograph, videotape, or image identifies the
   47  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, 2021 2020, unless reviewed and saved from
   69  repeal through reenactment by the Legislature.
   70         (j)1. Any document that reveals the identity, home or
   71  employment telephone number, home or employment address, or
   72  personal assets of the victim of a crime and identifies that
   73  person as the victim of a crime, which document is received by
   74  any agency that regularly receives information from or
   75  concerning the victims of crime, is exempt from s. 119.07(1) and
   76  s. 24(a), Art. I of the State Constitution. Any information not
   77  otherwise held confidential or exempt from s. 119.07(1) which
   78  reveals the home or employment telephone number, home or
   79  employment address, or personal assets of a person who has been
   80  the victim of sexual battery, aggravated child abuse, aggravated
   81  stalking, harassment, aggravated battery, or domestic violence
   82  is exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   83  Constitution, upon written request by the victim, which must
   84  include official verification that an applicable crime has
   85  occurred. Such information shall cease to be exempt 5 years
   86  after the receipt of the written request. Any state or federal
   87  agency that is authorized to have access to such documents by
   88  any provision of law shall be granted such access in the
   89  furtherance of such agency’s statutory duties, notwithstanding
   90  this section.
   91         2.a. Any information in a videotaped statement of a minor
   92  who is alleged to be or who is a victim of sexual battery, lewd
   93  acts, or other sexual misconduct proscribed in chapter 800 or in
   94  s. 794.011, former s. 827.071, s. 847.003, s. 847.012, s.
   95  847.0125, s. 847.013, s. 847.0133, s. 847.0137, or s. 847.0145,
   96  which reveals that minor’s identity, including, but not limited
   97  to, the minor’s face; the minor’s home, school, church, or
   98  employment telephone number; the minor’s home, school, church,
   99  or employment address; the name of the minor’s school, church,
  100  or place of employment; or the personal assets of the minor; and
  101  which identifies that minor as the victim of a crime described
  102  in this subparagraph, held by a law enforcement agency, is
  103  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  104  of the State Constitution. Any governmental agency that is
  105  authorized to have access to such statements by any provision of
  106  law shall be granted such access in the furtherance of the
  107  agency’s statutory duties, notwithstanding the provisions of
  108  this section.
  109         b. A public employee or officer who has access to a
  110  videotaped statement of a minor who is alleged to be or who is a
  111  victim of sexual battery, lewd acts, or other sexual misconduct
  112  proscribed in chapter 800 or in s. 794.011, former s. 827.071,
  113  s. 847.003, s. 847.012, s. 847.0125, s. 847.013, s. 847.0133, s.
  114  847.0137, or s. 847.0145 may not willfully and knowingly
  115  disclose videotaped information that reveals the minor’s
  116  identity to a person who is not assisting in the investigation
  117  or prosecution of the alleged offense or to any person other
  118  than the defendant, the defendant’s attorney, or a person
  119  specified in an order entered by the court having jurisdiction
  120  of the alleged offense. A person who violates this provision
  121  commits a misdemeanor of the first degree, punishable as
  122  provided in s. 775.082 or s. 775.083.
  123         c.This subparagraph is subject to the Open Government
  124  Sunset Review Act in accordance with s. 119.15 and shall stand
  125  repealed on October 2, 2021, unless reviewed and saved from
  126  repeal through reenactment by the Legislature.
  127         Section 2. The Legislature finds that it is a public
  128  necessity that criminal intelligence information or criminal
  129  investigative information that may reveal the identity of a
  130  person who is a victim of an offense under former s. 827.071, s.
  131  847.003, or s. 847.0137, Florida Statutes, which is a
  132  photograph, videotape, or image of any part of the body of the
  133  victim of an offense under those provisions or which is
  134  information in a videotaped statement of a minor who is alleged
  135  to be or who is a victim of an offense under those provisions,
  136  be made confidential and exempt from s. 119.07(1), Florida
  137  Statutes, and s. 24(a), Article I of the State Constitution. The
  138  Legislature finds that such information, photographs,
  139  videotapes, or images often depict the victim in graphic
  140  fashion, frequently nude. Such highly sensitive photographs,
  141  videotapes, or images of a victim of these sexual offenses, if
  142  viewed, copied, or publicized, could result in trauma, sorrow,
  143  humiliation, or emotional injury to the victim and the victim’s
  144  family.
  145         Section 3. For the purpose of incorporating the amendment
  146  made by this act to section 119.071, Florida Statutes, in a
  147  reference thereto, paragraph (a) of subsection (1) of section
  148  92.56, Florida Statutes, is reenacted to read:
  149         92.56 Judicial proceedings and court records involving
  150  sexual offenses and human trafficking.—
  151         (1)(a) The confidential and exempt status of criminal
  152  intelligence information or criminal investigative information
  153  made confidential and exempt pursuant to s. 119.071(2)(h) must
  154  be maintained in court records pursuant to s. 119.0714(1)(h) and
  155  in court proceedings, including testimony from witnesses.
  156         Section 4. For the purpose of incorporating the amendment
  157  made by this act to section 119.071, Florida Statutes, in a
  158  reference thereto, paragraph (c) of subsection (3) of section
  159  119.011, Florida Statutes, is reenacted to read:
  160         119.011 Definitions.—As used in this chapter, the term:
  161         (3)
  162         (c) “Criminal intelligence information” and “criminal
  163  investigative information” shall not include:
  164         1. The time, date, location, and nature of a reported
  165  crime.
  166         2. The name, sex, age, and address of a person arrested or
  167  of the victim of a crime except as provided in s. 119.071(2)(h).
  168         3. The time, date, and location of the incident and of the
  169  arrest.
  170         4. The crime charged.
  171         5. Documents given or required by law or agency rule to be
  172  given to the person arrested, except as provided in s.
  173  119.071(2)(h), and, except that the court in a criminal case may
  174  order that certain information required by law or agency rule to
  175  be given to the person arrested be maintained in a confidential
  176  manner and exempt from the provisions of s. 119.07(1) until
  177  released at trial if it is found that the release of such
  178  information would:
  179         a. Be defamatory to the good name of a victim or witness or
  180  would jeopardize the safety of such victim or witness; and
  181         b. Impair the ability of a state attorney to locate or
  182  prosecute a codefendant.
  183         6. Informations and indictments except as provided in s.
  184  905.26.
  185         Section 5. For the purpose of incorporating the amendment
  186  made by this act to section 119.071, Florida Statutes, in a
  187  reference thereto, paragraph (h) of subsection (1) of section
  188  119.0714, Florida Statutes, is reenacted to read:
  189         119.0714 Court files; court records; official records.—
  190         (1) COURT FILES.—Nothing in this chapter shall be construed
  191  to exempt from s. 119.07(1) a public record that was made a part
  192  of a court file and that is not specifically closed by order of
  193  court, except:
  194         (h) Criminal intelligence information or criminal
  195  investigative information that is confidential and exempt as
  196  provided in s. 119.071(2)(h).
  197         Section 6. For the purpose of incorporating the amendment
  198  made by this act to section 119.071, Florida Statutes, in a
  199  reference thereto, subsection (1) of section 794.024, Florida
  200  Statutes, is reenacted to read:
  201         794.024 Unlawful to disclose identifying information.—
  202         (1) A public employee or officer who has access to the
  203  photograph, name, or address of a person who is alleged to be
  204  the victim of an offense described in this chapter, chapter 800,
  205  s. 827.03, s. 827.04, or s. 827.071 may not willfully and
  206  knowingly disclose it to a person who is not assisting in the
  207  investigation or prosecution of the alleged offense or to any
  208  person other than the defendant, the defendant’s attorney, a
  209  person specified in an order entered by the court having
  210  jurisdiction of the alleged offense, or organizations authorized
  211  to receive such information made exempt by s. 119.071(2)(h), or
  212  to a rape crisis center or sexual assault counselor, as defined
  213  in s. 90.5035(1)(b), who will be offering services to the
  214  victim.
  215         Section 7. For the purpose of incorporating the amendment
  216  made by this act to section 119.071, Florida Statutes, in a
  217  reference thereto, section 794.03, Florida Statutes, is
  218  reenacted to read:
  219         794.03 Unlawful to publish or broadcast information
  220  identifying sexual offense victim.—No person shall print,
  221  publish, or broadcast, or cause or allow to be printed,
  222  published, or broadcast, in any instrument of mass communication
  223  the name, address, or other identifying fact or information of
  224  the victim of any sexual offense within this chapter, except as
  225  provided in s. 119.071(2)(h) or unless the court determines that
  226  such information is no longer confidential and exempt pursuant
  227  to s. 92.56. An offense under this section shall constitute a
  228  misdemeanor of the second degree, punishable as provided in s.
  229  775.082 or s. 775.083.
  230         Section 8. This act shall take effect on the same date that
  231  SB ____ or similar legislation takes effect, if such legislation
  232  is adopted in the same legislative session or an extension
  233  thereof and becomes a law.