Florida Senate - 2014                                    SB 1196
       
       
        
       By Senator Simmons
       
       
       
       
       
       10-01269A-14                                          20141196__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing an exemption from public
    4         records requirements for intelligence or investigative
    5         information that may reveal the address or place of
    6         employment of a person who is a victim of a domestic
    7         violence offense; providing for future review and
    8         repeal of the exemption under the Open Government
    9         Sunset Review Act; providing a statement of public
   10         necessity; amending s. 92.56, F.S.; conforming
   11         provisions to changes made by the act; reenacting s.
   12         119.0714(1)(h), F.S., relating to court files and
   13         records, to incorporate the amendments made to s.
   14         119.071, F.S., in a reference thereto; providing an
   15         effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Paragraph (h) of subsection (2) of section
   20  119.071, Florida Statutes, is amended to read:
   21         119.071 General exemptions from inspection or copying of
   22  public records.—
   23         (2) AGENCY INVESTIGATIONS.—
   24         (h)1. The following criminal intelligence information or
   25  criminal investigative information is confidential and exempt
   26  from s. 119.07(1) and s. 24(a), Art. I of the State
   27  Constitution:
   28         a. Any information, including the photograph, name,
   29  address, or other fact, which reveals the identity of the victim
   30  of the crime of child abuse as defined by chapter 827.
   31         b. Any information that which may reveal the identity of a
   32  person who is a victim of any sexual offense, including a sexual
   33  offense proscribed in chapter 794, chapter 796, chapter 800,
   34  chapter 827, or chapter 847.
   35         c. A photograph, videotape, or image of any part of the
   36  body of the victim of a sexual offense prohibited under chapter
   37  794, chapter 796, chapter 800, s. 810.145, chapter 827, or
   38  chapter 847, regardless of whether the photograph, videotape, or
   39  image identifies the victim.
   40         d. Any information that may reveal the address or place of
   41  employment of a person who is a victim of a domestic violence
   42  offense as defined in chapter 741.
   43         2. Criminal investigative information and criminal
   44  intelligence information made confidential and exempt under this
   45  paragraph may be disclosed by a law enforcement agency:
   46         a. In the furtherance of its official duties and
   47  responsibilities.
   48         b. For print, publication, or broadcast if the law
   49  enforcement agency determines that such release would assist in
   50  locating or identifying a person that such agency believes to be
   51  missing or endangered. The information provided should be
   52  limited to that needed to identify or locate the victim and not
   53  include the sexual nature of the offense committed against the
   54  person.
   55         c. To another governmental agency in the furtherance of its
   56  official duties and responsibilities.
   57         3. This exemption applies to such confidential and exempt
   58  criminal intelligence information or criminal investigative
   59  information held by a law enforcement agency before, on, or
   60  after the effective date of the exemption.
   61         4. Sub-subparagraphs 1.a.-c. are This paragraph is subject
   62  to the Open Government Sunset Review Act in accordance with s.
   63  119.15, and shall stand repealed on October 2, 2016, unless
   64  reviewed and saved from repeal through reenactment by the
   65  Legislature. Sub-subparagraph 1.d. is subject to the Open
   66  Government Sunset Review Act in accordance with s. 119.15 and
   67  shall stand repealed on October 2, 2019, unless reviewed and
   68  saved from repeal through reenactment by the Legislature.
   69         Section 2. The Legislature finds that it is a public
   70  necessity that criminal intelligence information or criminal
   71  investigative information that may reveal the address or place
   72  of employment of a person who is a victim of a domestic violence
   73  offense as defined in chapter 741, Florida Statutes, be made
   74  confidential and exempt from s. 119.07(1), Florida Statutes, and
   75  s. 24(a), Article I of the State Constitution. The Legislature
   76  recognizes the necessity to provide greater protection to
   77  victims of domestic violence who attempt to escape from domestic
   78  violence by relocating and to prevent harm from assailants or
   79  probable assailants who attempt to find the victims. The
   80  Legislature intends for such victims to receive protection by
   81  making the criminal intelligence information and criminal
   82  investigative information referenced in this act confidential
   83  and exempt.
   84         Section 3. Section 92.56, Florida Statutes, is amended to
   85  read:
   86         92.56 Judicial proceedings and court records involving
   87  sexual offenses and domestic violence.—
   88         (1)(a) The confidential and exempt status of criminal
   89  intelligence information or criminal investigative information
   90  made confidential and exempt pursuant to s. 119.071(2)(h) must
   91  be maintained in court records pursuant to s. 119.0714(1)(h) and
   92  in court proceedings, including testimony from witnesses.
   93         (b) If a petition for access to such confidential and
   94  exempt records is filed with the trial court having jurisdiction
   95  over the alleged offense, the confidential and exempt status of
   96  such information shall be maintained by the court if the state
   97  or the victim demonstrates that:
   98         1. The identity of the victim is not already known in the
   99  community;
  100         2. The victim has not voluntarily called public attention
  101  to the offense;
  102         3. The identity of the victim has not otherwise become a
  103  reasonable subject of public concern;
  104         4. The disclosure of the victim’s identity would be
  105  offensive to a reasonable person; and
  106         5. The disclosure of the victim’s identity would:
  107         a. Endanger the victim because the assailant has not been
  108  apprehended and is not otherwise known to the victim;
  109         b. Endanger the victim because of the likelihood of
  110  retaliation, harassment, or intimidation;
  111         c. Cause severe emotional or mental harm to the victim;
  112         d. Make the victim unwilling to testify as a witness; or
  113         e. Be inappropriate for other good cause shown.
  114         (2) A defendant charged with a crime described in chapter
  115  794 or chapter 800, or with child abuse, aggravated child abuse,
  116  or sexual performance by a child as described in chapter 827, or
  117  with a domestic violence offense as described in chapter 741 may
  118  apply to the trial court for an order of disclosure of
  119  information in court records held confidential and exempt
  120  pursuant to s. 119.0714(1)(h) or maintained as confidential and
  121  exempt pursuant to court order under this section. Such
  122  identifying information concerning the victim may be released to
  123  the defendant or his or her attorney in order to prepare the
  124  defense. The confidential and exempt status of this information
  125  may not be construed to prevent the disclosure of the victim’s
  126  identity to the defendant; however, the defendant may not
  127  disclose the victim’s identity to any person other than the
  128  defendant’s attorney or any other person directly involved in
  129  the preparation of the defense. A willful and knowing disclosure
  130  of the identity of the victim to any other person by the
  131  defendant constitutes contempt.
  132         (3) The state may use a pseudonym instead of the victim’s
  133  name to designate the victim of a crime described in chapter 794
  134  or chapter 800, or of child abuse, aggravated child abuse, or
  135  sexual performance by a child as described in chapter 827, of a
  136  domestic violence offense as described in chapter 741, or of any
  137  crime involving the production, possession, or promotion of
  138  child pornography as described in chapter 847, in all court
  139  records and records of court proceedings, both civil and
  140  criminal.
  141         (4) The protection of this section may be waived by the
  142  victim of the alleged offense in a writing filed with the court,
  143  in which the victim consents to the use or release of
  144  identifying information during court proceedings and in the
  145  records of court proceedings.
  146         (5) This section does not prohibit the publication or
  147  broadcast of the substance of trial testimony in a prosecution
  148  for an offense described in chapter 794 or chapter 800, or a
  149  crime of child abuse, aggravated child abuse, or sexual
  150  performance by a child, as described in chapter 827, or a
  151  domestic violence offense as described in chapter 741, but the
  152  publication or broadcast may not include an identifying
  153  photograph, an identifiable voice, or the name or address of the
  154  victim, unless the victim has consented in writing to the
  155  publication and filed such consent with the court or unless the
  156  court has declared such records not confidential and exempt as
  157  provided for in subsection (1).
  158         (6) A willful and knowing violation of this section or a
  159  willful and knowing failure to obey any court order issued under
  160  this section constitutes contempt.
  161         Section 4. For the purpose of incorporating the amendment
  162  made by this act to section 119.071, Florida Statutes, in a
  163  reference thereto, paragraph (h) of subsection (1) of section
  164  119.0714, Florida Statutes, is reenacted to read:
  165         119.0714 Court files; court records; official records.—
  166         (1) COURT FILES.—Nothing in this chapter shall be construed
  167  to exempt from s. 119.07(1) a public record that was made a part
  168  of a court file and that is not specifically closed by order of
  169  court, except:
  170         (h) Criminal intelligence information or criminal
  171  investigative information that is confidential and exempt as
  172  provided in s. 119.071(2)(h).
  173         Section 5. This act shall take effect October 1, 2014.