Florida Senate - 2014 CS for SB 1426
By the Committee on Criminal Justice; and Senators Flores and
Bullard
591-03467-14 20141426c1
1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.071, F.S.; revising an exemption from public
4 records requirements for certain criminal intelligence
5 and investigative information to exempt information
6 that reveals the identity of a victim of certain human
7 trafficking offenses; amending s. 943.0583, F.S.;
8 providing an exemption from public records
9 requirements for investigative information relating to
10 criminal history records of human trafficking victims
11 that have been ordered expunged; providing for future
12 legislative review and repeal of the exemption;
13 providing a statement of public necessity; providing a
14 contingent effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Paragraph (h) of subsection (2) of section
19 119.071, Florida Statutes, is amended to read:
20 119.071 General exemptions from inspection or copying of
21 public records.—
22 (2) AGENCY INVESTIGATIONS.—
23 (h)1. The following criminal intelligence information or
24 criminal investigative information is confidential and exempt
25 from s. 119.07(1) and s. 24(a), Art. I of the State
26 Constitution:
27 a. Any information that, including the photograph, name,
28 address, or other fact, which reveals the identity of the victim
29 of the crime of child abuse as defined by chapter 827 or that
30 reveals the identity of a person under the age of 18 who is the
31 victim of the crime of human trafficking proscribed in s.
32 787.06(3)(a).
33 b. Any information that which may reveal the identity of a
34 person who is a victim of any sexual offense, including a sexual
35 offense proscribed in s. 787.06(3)(b), (d), (f), (g), or (h),
36 chapter 794, chapter 796, chapter 800, chapter 827, or chapter
37 847.
38 c. A photograph, videotape, or image of any part of the
39 body of the victim of a sexual offense prohibited under s.
40 787.06(3)(b), (d), (f), (g), or (h), chapter 794, chapter 796,
41 chapter 800, s. 810.145, chapter 827, or chapter 847, regardless
42 of whether the photograph, videotape, or image identifies the
43 victim.
44 2. Criminal investigative information and criminal
45 intelligence information made confidential and exempt under this
46 paragraph may be disclosed by a law enforcement agency:
47 a. In the furtherance of its official duties and
48 responsibilities.
49 b. For print, publication, or broadcast if the law
50 enforcement agency determines that such release would assist in
51 locating or identifying a person that such agency believes to be
52 missing or endangered. The information provided should be
53 limited to that needed to identify or locate the victim and not
54 include the sexual nature of the offense committed against the
55 person.
56 c. To another governmental agency in the furtherance of its
57 official duties and responsibilities.
58 3. This exemption applies to such confidential and exempt
59 criminal intelligence information or criminal investigative
60 information held by a law enforcement agency before, on, or
61 after the effective date of the exemption.
62 4. This paragraph is subject to the Open Government Sunset
63 Review Act in accordance with s. 119.15, and shall stand
64 repealed on October 2, 2019 2016, unless reviewed and saved from
65 repeal through reenactment by the Legislature.
66 Section 2. Subsection (11) is added to section 943.0583,
67 Florida Statutes, to read:
68 943.0583 Human trafficking victim expunction.—
69 (11)(a) The following criminal intelligence information or
70 criminal investigative information is confidential and exempt
71 from s. 119.07(1) and s. 24(a), Art. I of the State
72 Constitution:
73 1. Any information that reveals the identity of a person
74 who is a victim of human trafficking whose criminal history
75 record has been expunged under this section.
76 2. Any information that may reveal the identity of a person
77 who is a victim of human trafficking whose criminal history
78 record has been ordered expunged under this section.
79 (b) Criminal investigative information and criminal
80 intelligence information made confidential and exempt under this
81 subsection may be disclosed by a law enforcement agency:
82 1. In the furtherance of its official duties and
83 responsibilities.
84 2. For print, publication, or broadcast if the law
85 enforcement agency determines that such release would assist in
86 locating or identifying a person that the agency believes to be
87 missing or endangered. The information provided should be
88 limited to that needed to identify or locate the victim.
89 3. To another governmental agency in the furtherance of its
90 official duties and responsibilities.
91 (c) This exemption applies to such confidential and exempt
92 criminal intelligence information or criminal investigative
93 information held by a law enforcement agency before, on, or
94 after the effective date of the exemption.
95 (d) This subsection is subject to the Open Government
96 Sunset Review Act in accordance with s. 119.15 and shall stand
97 repealed on October 2, 2019, unless reviewed and saved from
98 repeal through reenactment by the Legislature.
99 Section 3. The Legislature finds that it is a public
100 necessity to make confidential and exempt from public records
101 requirements certain criminal intelligence information or
102 criminal investigative information that reveals the identity of
103 a victim of the crime of human trafficking of a minor for labor
104 or any victim of human trafficking for commercial sexual
105 activity. The Legislature finds that it is important to
106 strengthen the protections afforded victims of human trafficking
107 for labor who are minors and victims of human trafficking for
108 commercial sexual activity, regardless of age, in order to
109 ensure their privacy and to prevent their revictimization by
110 making such information confidential and exempt. The identity of
111 these victims is information of a sensitive personal nature. As
112 such, this exemption serves to minimize the trauma to victims
113 because the release of such information would compound the
114 tragedy already visited upon their lives and would be defamatory
115 to or cause unwarranted damage to the good name or reputation of
116 the victims. Protecting the release of identifying information
117 of such victims protects them from further embarrassment,
118 harassment, or injury. The Legislature also finds that it is a
119 public necessity that information in the investigative or
120 intelligence records related to a criminal history record
121 ordered expunged under s. 943.0583, Florida Statutes, which
122 would or could reasonably be expected to reveal the identity of
123 a person who is a victim of human trafficking whose criminal
124 history record has been ordered expunged under s. 943.0583,
125 Florida Statutes, be made confidential and exempt from s.
126 119.07(1), Florida Statutes, and s. 24(a), Article I of the
127 State Constitution. Persons who are victims of human trafficking
128 and who have been charged with crimes allegedly committed at the
129 behest of their traffickers are themselves victims of crimes.
130 Such victims face barriers to employment and other life
131 opportunities as long as these criminal charges remain on record
132 and accessible to potential employers and others. It is
133 necessary that these records be made confidential and exempt in
134 order for human trafficking victims to have the chance to
135 rebuild their lives and reenter society.
136 Section 4. This act shall take effect on the same date that
137 SB 1440 or similar legislation relating to human trafficking
138 takes effect, if such legislation is adopted in the same
139 legislative session or an extension thereof and becomes a law.