Senate Bill sb1488

    Florida Senate - 2002                                  SB 1488

    By Senator Campbell





    33-1005-02

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; providing an exemption from the

  4         public-records law for a photograph, videotape,

  5         digital image, electronic image, recorded

  6         image, or other visual image of any part of the

  7         body of a victim of a sexual offense; providing

  8         for future legislative review and repeal;

  9         providing a statement of public necessity;

10         providing an effective date.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Paragraph (ee) is added to subsection (3)

15  of section 119.07, Florida Statutes, as amended by section 1

16  of chapter 2001-364, Laws of Florida, to read:

17         119.07  Inspection, examination, and duplication of

18  records; exemptions.--

19         (3)

20         (ee)  Any photograph, videotape, digital image,

21  electronic image, recorded image, or other visual image of any

22  part of the body of a victim of a sexual offense prohibited

23  under chapter 794, chapter 800, or chapter 827 is confidential

24  and exempt from subsection (1) and s. 24(a), Art. I of the

25  State Constitution, regardless of whether the photograph,

26  videotape, or image constitutes criminal intelligence

27  information, criminal investigative information, or any other

28  record or evidence in the custody or possession of a law

29  enforcement agency, state attorney, emergency medical service

30  agency, or medical facility. This paragraph is subject to the

31  Open Government Sunset Review Act of 1995, in accordance with

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






    Florida Senate - 2002                                  SB 1488
    33-1005-02




  1  s. 119.15, and shall stand repealed on October 2, 2007, unless

  2  reviewed and saved from repeal through reenactment by the

  3  Legislature.

  4         Section 2.  The Legislature finds that it is a public

  5  necessity that photographs, videotapes, and other digital or

  6  recorded images of any part of the body of a victim of a

  7  sexual offense be made confidential and exempt from the

  8  requirements of section 119.07(1), Florida Statutes, and

  9  Section 24(a) of Article I of the State Constitution. The

10  Legislature finds that such photographs or images often depict

11  the victim in a graphic and disturbing fashion, and that such

12  photographs or images, if viewed, copied, or publicized, could

13  result in trauma, humiliation, or emotional injury to the

14  victim and the family of the victim. Accordingly, the

15  Legislature finds that the harm to the public which would

16  result from the release of such photographs, videotapes, or

17  other digital or recorded images substantially outweighs any

18  minimal public benefit derived therefrom.

19         Section 3.  This act shall take effect upon becoming a

20  law.

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23                          SENATE SUMMARY

24    Exempts from the public-records law any photograph,
      videotape, digital image, electronic image, recorded
25    image, or other visual image of any part of the body of a
      victim of a sexual offense. Provides for future
26    legislative review and repeal under the Open Government
      Sunset Review Act of 1995.
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CODING: Words stricken are deletions; words underlined are additions.