Florida Senate - 2018 SB 1216 By Senator Book 32-00436A-18 20181216__ 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 any information in a 5 videotaped statement of a minor who is alleged to be 6 or who is a victim of sexual battery, lewd acts, or 7 other sexual misconduct; providing for future review 8 and repeal of the exemption; providing a statement of 9 public necessity; providing a contingent effective 10 date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Paragraph (j) 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 (j)1. Any document that reveals the identity, home or 20 employment telephone number, home or employment address, or 21 personal assets of the victim of a crime and identifies that 22 person as the victim of a crime, which document is received by 23 any agency that regularly receives information from or 24 concerning the victims of crime, is exempt from s. 119.07(1) and 25 s. 24(a), Art. I of the State Constitution. Any information not 26 otherwise held confidential or exempt from s. 119.07(1) which 27 reveals the home or employment telephone number, home or 28 employment address, or personal assets of a person who has been 29 the victim of sexual battery, aggravated child abuse, aggravated 30 stalking, harassment, aggravated battery, or domestic violence 31 is exempt from s. 119.07(1) and s. 24(a), Art. I of the State 32 Constitution, upon written request by the victim, which must 33 include official verification that an applicable crime has 34 occurred. Such information shall cease to be exempt 5 years 35 after the receipt of the written request. Any state or federal 36 agency that is authorized to have access to such documents by 37 any provision of law shall be granted such access in the 38 furtherance of such agency’s statutory duties, notwithstanding 39 this section. 40 2.a. Any information in a videotaped statement of a minor 41 who is alleged to be or who is a victim of sexual battery, lewd 42 acts, or other sexual misconduct proscribed in chapter 800 or in 43 s. 794.011, s. 847.003,
s. 827.071,s. 847.012, s. 847.0125, s. 44 847.013, s. 847.0133, s. 847.0137, or s. 847.0145, which reveals 45 that minor’s identity, including, but not limited to, the 46 minor’s face; the minor’s home, school, church, or employment 47 telephone number; the minor’s home, school, church, or 48 employment address; the name of the minor’s school, church, or 49 place of employment; or the personal assets of the minor; and 50 which identifies that minor as the victim of a crime described 51 in this subparagraph, held by a law enforcement agency, is 52 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 53 of the State Constitution. Any governmental agency that is 54 authorized to have access to such statements by any provision of 55 law shall be granted such access in the furtherance of the 56 agency’s statutory duties, notwithstanding the provisions of 57 this section. 58 b. A public employee or officer who has access to a 59 videotaped statement of a minor who is alleged to be or who is a 60 victim of sexual battery, lewd acts, or other sexual misconduct 61 proscribed in chapter 800 or in s. 794.011, s. 847.003, s.62 827.071,s. 847.012, s. 847.0125, s. 847.013, s. 847.0133, s. 63 847.0137, or s. 847.0145 may not willfully and knowingly 64 disclose videotaped information that reveals the minor’s 65 identity to a person who is not assisting in the investigation 66 or prosecution of the alleged offense or to any person other 67 than the defendant, the defendant’s attorney, or a person 68 specified in an order entered by the court having jurisdiction 69 of the alleged offense. A person who violates this provision 70 commits a misdemeanor of the first degree, punishable as 71 provided in s. 775.082 or s. 775.083. 72 c. This subparagraph is subject to the Open Government 73 Sunset Review Act in accordance with s. 119.15 and shall stand 74 repealed on October 2, 2023, unless reviewed and saved from 75 repeal through reenactment by the Legislature. 76 Section 2. The Legislature finds that it is a public 77 necessity that any information in a videotaped statement of a 78 minor who is alleged to be or who is a victim of sexual battery, 79 lewd acts, or other sexual misconduct as proscribed by s. 80 847.003, Florida Statutes, or s. 847.0137, Florida Statutes, be 81 made confidential and exempt from s. 119.07(1), Florida 82 Statutes, and s. 24(a), Article I of the State Constitution. The 83 Legislature finds that such information is highly sensitive and 84 shows the minor victim describing in graphic detail sexual acts 85 for which he or she is alleged to be or is a victim. If such 86 information regarding a minor victim of sex crimes were viewed, 87 copied, or publicized, it could result in trauma, sorrow, 88 humiliation, or emotional injury to the minor victim and his or 89 her family. The Legislature finds that it is important to 90 strengthen the protections afforded minor victims of sex crimes 91 in order to ensure their privacy and to prevent their 92 revictimization. This exemption serves to minimize the trauma to 93 those minor victims because the release of such information 94 would compound the tragedy already visited upon their lives. For 95 these reasons, the Legislature finds that it is a public 96 necessity to make confidential and exempt any information in a 97 videotaped statement of a minor who is alleged to be or who is a 98 victim of sexual battery, lewd acts, or other sexual misconduct 99 as proscribed by s. 847.003, Florida Statutes, or s. 847.0137, 100 Florida Statutes. 101 Section 3. This act shall take effect on the same date that 102 SB ____ or similar legislation takes effect, if such legislation 103 is adopted in the same legislative session or an extension 104 thereof and becomes a law.