CODING: Words stricken are deletions; words underlined are additions.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
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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.
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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.
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