Senate Bill sb0340

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    Florida Senate - 2002                                   SB 340

    By Senator Smith





    5-272-02

  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 photographs or other

  5         images in the custody of a state or

  6         governmental agency which depict the remains of

  7         a crime victim; authorizing the release of such

  8         a record to another agency for official

  9         purposes; providing that such release does not

10         waive the confidentiality of the record;

11         providing for legislative review and future

12         repeal; providing a statement of public

13         necessity; providing an effective date.

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

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

18  of section 119.07, Florida Statutes, to read:

19         119.07  Inspection, examination, and duplication of

20  records; exemptions.--

21         (3)

22         (ee)  A photograph, digital image, video recording, or

23  other reproduction of a crime scene which is in the custody of

24  a state or other governmental agency and which reveals the

25  remains of a victim of the crime is confidential and exempt

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

27  Constitution. However, this paragraph does not prohibit a

28  state or other governmental agency from releasing a record

29  made confidential under this paragraph to another agency for

30  official purposes, and such release does not waive the

31  exemption provided under this paragraph. This paragraph is

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    Florida Senate - 2002                                   SB 340
    5-272-02




  1  subject to the Open Government Sunset Review Act of 1995 in

  2  accordance with s. 119.15, and shall stand repealed on October

  3  2, 2007, unless reviewed and saved from repeal through

  4  reenactment by the Legislature.

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

  6  necessity that a photograph, digital image, video recording,

  7  or other reproduction of a crime scene which reveals the

  8  remains of a victim of the crime be made confidential and

  9  exempt from section 119.07(1), Florida Statutes, and Section

10  24(a) of Article I of the State Constitution. The Legislature

11  finds that photographs or other images of a crime scene which

12  depict the remains of a victim of the crime are often graphic

13  and disturbing to persons who view the photographs or images.

14  Such photographs or images, if copied or publicized, could

15  result in trauma, sorrow, humiliation, or emotional injury to

16  the immediate family of the victim, as well as injury to the

17  memory of the victim. The Legislature finds that the existence

18  of the World Wide Web and the proliferation of personal

19  computers encourages and promotes the wide dissemination of

20  photographs and other images, and that widespread,

21  unauthorized dissemination of photographs or other images that

22  depict the remains of a victim of a crime would subject the

23  immediate family of the victim to continuous injury.

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

25  law.

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    Florida Senate - 2002                                   SB 340
    5-272-02




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  2                          SENATE SUMMARY

  3    Provides that photographs or other images in the custody
      of a state or governmental agency which depict the
  4    remains of a crime victim are exempt from disclosure
      under the public records law. Provides that such records
  5    may be released to another agency for official purposes.
      Provides for legislative review and future repeal under
  6    the Open Government Sunset Review Act.

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