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House Bill 1105

Florida House of Representatives - 1997 HB 1105 By Representative Albright 1 A bill to be entitled 2 An act relating to public records; amending s. 3 119.07, F.S.; providing an exemption from 4 public records requirements for a videotaped 5 statement of a minor who is the victim of 6 specified crimes involving sexual battery, lewd 7 acts, or other sexual misconduct which reveals 8 personal identifying information about the 9 victim; authorizing access by certain state or 10 federal agencies; providing for future review 11 and repeal; providing a finding of public 12 necessity; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Paragraph (s) of subsection (3) of section 17 119.07, Florida Statutes, 1996 Supplement, is amended to read: 18 119.07 Inspection, examination, and duplication of 19 records; exemptions.-- 20 (3) 21 (s)1. Any document which reveals the identity, home or 22 employment telephone number, home or employment address, or 23 personal assets of the victim of a crime and identifies that 24 person as the victim of a crime, which document is received by 25 any agency that regularly receives information from or 26 concerning the victims of crime, is exempt from the provisions 27 of subsection (1) and s. 24(a), Art. I of the State 28 Constitution. Any information not otherwise held confidential 29 or exempt from the provisions of subsection (1) which reveals 30 the home or employment telephone number, home or employment 31 address, or personal assets of a person who has been the 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1105 66-188-97 1 victim of sexual battery, aggravated child abuse, aggravated 2 stalking, harassment, aggravated battery, or domestic violence 3 is exempt from the provisions of subsection (1) and s. 24(a), 4 Art. I of the State Constitution, upon written request by the 5 victim, which must include official verification that an 6 applicable crime has occurred. Such information shall cease 7 to be exempt 5 years after the receipt of the written request. 8 Any state or federal agency which is authorized to have access 9 to such documents by any provision of law shall be granted 10 such access in the furtherance of such agency's statutory 11 duties, notwithstanding the provisions of this section. 12 2. Any videotaped statement of a minor who is a victim 13 of sexual battery, lewd acts, or other sexual misconduct 14 proscribed in chapter 800 or s. 794.011, s. 827.071, s. 15 847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145 16 which reveals the identity, home or employment telephone 17 number, home or employment address, or personal assets of the 18 victim and identifies that person as the victim of a crime, 19 which statement is received by any agency that regularly 20 receives information from or concerning the victims of crime, 21 is exempt from the provisions of subsection (1) and s. 24(a), 22 Art. I of the State Constitution. Any state or federal agency 23 which is authorized to have access to such statements by any 24 provision of law shall be granted such access in the 25 furtherance of such agency's statutory duties, notwithstanding 26 the provisions of this section. This subparagraph is subject 27 to the Open Government Sunset Review Act of 1995 in accordance 28 with s. 119.15, and shall stand repealed on October 2, 2002, 29 unless reviewed and saved from repeal through reenactment by 30 the Legislature. 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1105 66-188-97 1 Section 2. The Legislature finds that it is a public 2 purpose and necessity to protect children from having exposed 3 to the public videotaped statements which contain the 4 children's statements regarding sexual abuse or misconduct 5 perpetrated against them. This protection is necessary to 6 allow the state to effectively and efficiently prosecute 7 persons who commit such crimes by minimizing the trauma to the 8 children and the inhibitions that will result if the children, 9 or their guardians, are fearful that such videotapes can be 10 released for public consumption during or after any court 11 proceedings. If such videotapes were subject to release, the 12 state's ability to prosecute sexual crimes and abuse involving 13 child victims would be significantly impaired. The identity 14 of children who are victims of sexual abuse or crimes is 15 information of a sensitive personal nature. The release of 16 such information by the release of videotaped statements given 17 by these children would compound the tragedy already visited 18 upon their lives and would be defamatory to or cause 19 unwarranted damage to the good name or reputations of the 20 children. Accordingly, such information requires the 21 protection of this exemption. 22 Section 3. This act shall take effect upon becoming a 23 law. 24 25 ***************************************** 26 HOUSE SUMMARY 27 Provides an exemption from public records requirements 28 for a videotaped statement of a minor who is the victim of specified crimes involving sexual battery, lewd acts, 29 or other sexual misconduct which reveals personal identifying information about the victim. Authorizes 30 access by certain state or federal agencies. Provides for future review and repeal. 31 3