Florida Senate - 2015                                     SB 852
       
       
        
       By Senator Diaz de la Portilla
       
       
       
       
       
       40-00843A-15                                           2015852__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing exemptions from public
    4         records requirements for an audio or video recording
    5         made by a law enforcement officer taken within the
    6         interior of a private residence, an audio or video
    7         recording made by a law enforcement officer taken
    8         within a building of a hospital or health care
    9         provider, an audio or video recording made by a law
   10         enforcement officer taken at the scene of a medical
   11         emergency, an audio or video recording made by a law
   12         enforcement officer showing a minor taken while the
   13         minor is inside of a school or on school property, and
   14         an audio or video recording made by a law enforcement
   15         officer showing a minor younger than a specified age
   16         at any location; amending ss. 92.56, 119.011,
   17         119.0714, 784.046, 794.024, and 794.03, F.S.;
   18         conforming cross-references; providing a statement of
   19         public necessity; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Present paragraphs (g) through (k) of subsection
   24  (2) of section 119.071, Florida Statutes, are redesignated as
   25  paragraphs (k) through (o), respectively, and new paragraphs (g)
   26  through (j) are added to that section, to read:
   27         119.071 General exemptions from inspection or copying of
   28  public records.—
   29         (2) AGENCY INVESTIGATIONS.—
   30         (g) An audio or video recording made by a law enforcement
   31  officer taken within the interior of a private residence is
   32  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   33  Constitution. This paragraph is subject to the Open Government
   34  Sunset Review Act in accordance with s. 119.15 and shall stand
   35  repealed on October 2, 2020, unless reviewed and saved from
   36  repeal through reenactment by the Legislature.
   37         (h) An audio or video recording made by a law enforcement
   38  officer taken within a building of a hospital or health care
   39  provider is exempt from s. 119.07(1) and s. 24(a), Art. I of the
   40  State Constitution. This paragraph is subject to the Open
   41  Government Sunset Review Act in accordance with s. 119.15 and
   42  shall stand repealed on October 2, 2020, unless reviewed and
   43  saved from repeal through reenactment by the Legislature.
   44         (i) An audio or video recording made by a law enforcement
   45  officer taken at the scene of a medical emergency is exempt from
   46  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   47  This paragraph is subject to the Open Government Sunset Review
   48  Act in accordance with s. 119.15 and shall stand repealed on
   49  October 2, 2020, unless reviewed and saved from repeal through
   50  reenactment by the Legislature.
   51         (j) An audio or video recording made by a law enforcement
   52  officer showing a minor younger than 18 years of age taken while
   53  the minor is inside of a school, as defined in s. 1003.01, or on
   54  school property, as defined in s. 810.095, and an audio or video
   55  recording made by a law enforcement officer showing a minor
   56  younger than 14 years of age taken at any location, are exempt
   57  from s. 119.07(1) and s. 24(a), Art. I of the State
   58  Constitution. This paragraph is subject to the Open Government
   59  Sunset Review Act in accordance with s. 119.15 and shall stand
   60  repealed on October 2, 2020, unless reviewed and saved from
   61  repeal through reenactment by the Legislature.
   62         Section 2. Paragraph (a) of subsection (1) of section
   63  92.56, Florida Statutes, is amended to read:
   64         92.56 Judicial proceedings and court records involving
   65  sexual offenses and human trafficking.—
   66         (1)(a) The confidential and exempt status of criminal
   67  intelligence information or criminal investigative information
   68  made confidential and exempt pursuant to s. 119.071(2)(l)
   69  119.071(2)(h) must be maintained in court records pursuant to s.
   70  119.0714(1)(h) and in court proceedings, including testimony
   71  from witnesses.
   72         Section 3. Paragraph (c) of subsection (3) of section
   73  119.011, Florida Statutes, is amended to read:
   74         119.011 Definitions.—As used in this chapter, the term:
   75         (3)
   76         (c) “Criminal intelligence information” and “criminal
   77  investigative information” shall not include:
   78         1. The time, date, location, and nature of a reported
   79  crime.
   80         2. The name, sex, age, and address of a person arrested or
   81  of the victim of a crime except as provided in s. 119.071(2)(l)
   82  119.071(2)(h).
   83         3. The time, date, and location of the incident and of the
   84  arrest.
   85         4. The crime charged.
   86         5. Documents given or required by law or agency rule to be
   87  given to the person arrested, except as provided in s.
   88  119.071(2)(l) 119.071(2)(h), and, except that the court in a
   89  criminal case may order that certain information required by law
   90  or agency rule to be given to the person arrested be maintained
   91  in a confidential manner and exempt from the provisions of s.
   92  119.07(1) until released at trial if it is found that the
   93  release of such information would:
   94         a. Be defamatory to the good name of a victim or witness or
   95  would jeopardize the safety of such victim or witness; and
   96         b. Impair the ability of a state attorney to locate or
   97  prosecute a codefendant.
   98         6. Informations and indictments except as provided in s.
   99  905.26.
  100         Section 4. Paragraph (h) of subsection (1) of section
  101  119.0714, Florida Statutes, is amended to read:
  102         119.0714 Court files; court records; official records.—
  103         (1) COURT FILES.—Nothing in this chapter shall be construed
  104  to exempt from s. 119.07(1) a public record that was made a part
  105  of a court file and that is not specifically closed by order of
  106  court, except:
  107         (h) Criminal intelligence information or criminal
  108  investigative information that is confidential and exempt as
  109  provided in s. 119.071(2)(l) 119.071(2)(h).
  110         Section 5. Paragraph (b) of subsection (4) of section
  111  784.046, Florida Statutes, is amended to read:
  112         784.046 Action by victim of repeat violence, sexual
  113  violence, or dating violence for protective injunction; dating
  114  violence investigations, notice to victims, and reporting;
  115  pretrial release violations; public records exemption.—
  116         (4)
  117         (b) The sworn petition must be in substantially the
  118  following form:
  119               PETITION FOR INJUNCTION FOR PROTECTION              
  120                   AGAINST REPEAT VIOLENCE, SEXUAL                 
  121                    VIOLENCE, OR DATING VIOLENCE                   
  122         Before me, the undersigned authority, personally appeared
  123  Petitioner ...(Name)..., who has been sworn and says that the
  124  following statements are true:
  125         1. Petitioner resides at ...(address)... (A petitioner for
  126  an injunction for protection against sexual violence may furnish
  127  an address to the court in a separate confidential filing if,
  128  for safety reasons, the petitioner requires the location of his
  129  or her current residence to be confidential pursuant to s.
  130  119.071(2)(n) 119.071(2)(j), Florida Statutes.)
  131         2. Respondent resides at ...(address)....
  132         3.a. Petitioner has suffered repeat violence as
  133  demonstrated by the fact that the respondent has:
  134         ...(enumerate incidents of violence)...
  135                  ................................                 
  136                  ................................                 
  137                  ................................                 
  138         b. Petitioner has suffered sexual violence as demonstrated
  139  by the fact that the respondent has: ...(enumerate incident of
  140  violence and include incident report number from law enforcement
  141  agency or attach notice of inmate release.)...
  142                  ................................                 
  143                  ................................                 
  144                  ................................                 
  145         c. Petitioner is a victim of dating violence and has
  146  reasonable cause to believe that he or she is in imminent danger
  147  of becoming the victim of another act of dating violence or has
  148  reasonable cause to believe that he or she is in imminent danger
  149  of becoming a victim of dating violence, as demonstrated by the
  150  fact that the respondent has: ...(list the specific incident or
  151  incidents of violence and describe the length of time of the
  152  relationship, whether it has been in existence during the last 6
  153  months, the nature of the relationship of a romantic or intimate
  154  nature, the frequency and type of interaction, and any other
  155  facts that characterize the relationship.)...
  156                  ................................                 
  157                  ................................                 
  158                  ................................                 
  159         4. Petitioner genuinely fears repeat violence by the
  160  respondent.
  161         5. Petitioner seeks: an immediate injunction against the
  162  respondent, enjoining him or her from committing any further
  163  acts of violence; an injunction enjoining the respondent from
  164  committing any further acts of violence; and an injunction
  165  providing any terms the court deems necessary for the protection
  166  of the petitioner and the petitioner’s immediate family,
  167  including any injunctions or directives to law enforcement
  168  agencies.
  169         Section 6. Subsection (1) of section 794.024, Florida
  170  Statutes, is amended to read:
  171         794.024 Unlawful to disclose identifying information.—
  172         (1) A public employee or officer who has access to the
  173  photograph, name, or address of a person who is alleged to be
  174  the victim of an offense described in this chapter, chapter 800,
  175  s. 827.03, s. 827.04, or s. 827.071 may not willfully and
  176  knowingly disclose it to a person who is not assisting in the
  177  investigation or prosecution of the alleged offense or to any
  178  person other than the defendant, the defendant’s attorney, a
  179  person specified in an order entered by the court having
  180  jurisdiction of the alleged offense, or organizations authorized
  181  to receive such information made exempt by s. 119.071(2)(l)
  182  119.071(2)(h), or to a rape crisis center or sexual assault
  183  counselor, as defined in s. 90.5035(1)(b), who will be offering
  184  services to the victim.
  185         Section 7. Section 794.03, Florida Statutes, is amended to
  186  read:
  187         794.03 Unlawful to publish or broadcast information
  188  identifying sexual offense victim.—No person shall print,
  189  publish, or broadcast, or cause or allow to be printed,
  190  published, or broadcast, in any instrument of mass communication
  191  the name, address, or other identifying fact or information of
  192  the victim of any sexual offense within this chapter, except as
  193  provided in s. 119.071(2)(l) 119.071(2)(h) or unless the court
  194  determines that such information is no longer confidential and
  195  exempt pursuant to s. 92.56. An offense under this section shall
  196  constitute a misdemeanor of the second degree, punishable as
  197  provided in s. 775.082 or s. 775.083.
  198         Section 8. The Legislature finds that an audio or video
  199  recording made by a law enforcement officer taken within the
  200  interior of a private residence, an audio or video recording
  201  made by a law enforcement officer taken within a building of a
  202  hospital or health care provider, an audio or video recording
  203  made by a law enforcement officer taken at the scene of a
  204  medical emergency, an audio or video recording made by a law
  205  enforcement officer showing a minor younger than 18 years of age
  206  taken while the minor is inside of a school, as defined in s.
  207  1003.01, Florida Statutes, or on school property, as defined in
  208  s. 810.095, Florida Statutes, and an audio or video recording
  209  made by a law enforcement officer showing a minor younger than
  210  14 years of age taken at any location, should be included within
  211  the information relating to agency investigations that are
  212  exempt from the public records requirements of s. 119.07(1),
  213  Florida Statutes, and s. 24(a), Article I of the State
  214  Constitution. The Legislature also finds that it is a public
  215  necessity to exempt such information from public records
  216  requirements to protect the privacy of individuals who are
  217  inside their homes, who are within a building of a hospital or
  218  health care provider, who are involved in a medical emergency,
  219  who are minors younger than 18 years of age inside of a school
  220  or on school property, or who are minors younger than 14 years
  221  of age at any location, because the failure to protect an
  222  individual’s privacy may have an undesirable, chilling effect on
  223  the willingness of the individual to cooperate with law
  224  enforcement or to make calls for the services of law enforcement
  225  officers. Protecting an individual’s privacy and preventing any
  226  potential chilling effects outweigh any public benefit that may
  227  be derived from the disclosure of such information.
  228         Section 9. This act shall take effect July 1, 2015.