Senate Bill sb1026

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    Florida Senate - 2003                                  SB 1026

    By the Committee on Criminal Justice





    307-187-03

  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 information in

  5         a videotaped statement held by a law

  6         enforcement agency which reveals the identity

  7         of certain minors; providing for disclosure to

  8         another governmental entity; requiring that the

  9         receiving governmental entity maintain the

10         confidentiality of the identifying information;

11         abrogating the repeal of s. 119.07(3)2., F.S.,

12         scheduled under the Open Government Sunset

13         Review Act of 1995; providing an effective

14         date.

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

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18         Section 1.  Notwithstanding the repeal scheduled under

19  the Open Government Sunset Review Act of 1995, paragraph (s)

20  of subsection (3) of section 119.07, Florida Statutes, is

21  reenacted and amended to read:

22         119.07  Inspection, examination, and duplication of

23  records; exemptions.--

24         (3)

25         (s)1.  Any document that reveals the identity, home or

26  employment telephone number, home or employment address, or

27  personal assets of the victim of a crime and identifies that

28  person as the victim of a crime, which document is received by

29  any agency that regularly receives information from or

30  concerning the victims of crime, is exempt from the provisions

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

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    Florida Senate - 2003                                  SB 1026
    307-187-03




 1  Constitution. Any information not otherwise held confidential

 2  or exempt from the provisions of subsection (1) which reveals

 3  the home or employment telephone number, home or employment

 4  address, or personal assets of a person who has been the

 5  victim of sexual battery, aggravated child abuse, aggravated

 6  stalking, harassment, aggravated battery, or domestic violence

 7  is exempt from the provisions of subsection (1) and s. 24(a),

 8  Art. I of the State Constitution, upon written request by the

 9  victim, which must include official verification that an

10  applicable crime has occurred.  Such information shall cease

11  to be exempt 5 years after the receipt of the written request.

12  Any state or federal agency that is authorized to have access

13  to such documents by any provision of law shall be granted

14  such access in the furtherance of such agency's statutory

15  duties, notwithstanding the provisions of this section.

16         2.a.  Any information in a videotaped statement of a

17  minor who is alleged to be or who is a victim of sexual

18  battery, lewd acts, or other sexual misconduct proscribed in

19  chapter 800 or in s. 794.011, s. 827.071, s. 847.012, s.

20  847.0125, s. 847.013, s. 847.0133, or s. 847.0145, which

21  reveals that minor's identity, including, but not limited to,

22  the minor's face; the minor's home, school, church, or

23  employment telephone number; the minor's home, school, church,

24  or employment address; the name of the minor's school, church,

25  or place of employment; or the personal assets of the minor,

26  and which is held by a law enforcement agency; and which

27  identifies that minor as the victim of a crime described in

28  this subparagraph, is confidential and exempt from subsection

29  (1) and s. 24(a), Art. I of the State Constitution. Such

30  videotaped statement may be disclosed to another governmental

31  entity if disclosure is necessary for that entity to perform

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    Florida Senate - 2003                                  SB 1026
    307-187-03




 1  its duties and responsibilities. The receiving governmental

 2  entity must maintain the confidential and exempt status of the

 3  minor's identifying information contained in the videotaped

 4  statement. Any governmental agency that is authorized to have

 5  access to such statements by any provision of law shall be

 6  granted such access in the furtherance of the agency's

 7  statutory duties, notwithstanding the provisions of this

 8  section.  This subparagraph is subject to the Open Government

 9  Sunset Review Act of 1995 in accordance with s. 119.15, and

10  shall stand repealed on October 2, 2003.

11         b.3.  A public employee or officer who has access to

12  the videotaped statement of a minor who is alleged to be or

13  who is a victim of sexual battery, lewd acts, or other sexual

14  misconduct proscribed in chapter 800 or in s. 794.011, s.

15  827.071, s. 847.012, s. 847.0125, s. 847.013, s. 847.0133, or

16  s. 847.0145, may not willfully and knowingly disclose

17  videotaped information that reveals the that minor's identity

18  to a person who is not assisting in the investigation or

19  prosecution of the alleged offense or to any person other than

20  the defendant, the defendant's attorney, or a person specified

21  in an order entered by the court having jurisdiction of the

22  alleged offense.

23         4.  A person who violates this sub-subparagraph

24  subparagraph 3. commits a misdemeanor of the first degree,

25  punishable as provided in s. 775.082 or s. 775.083.

26         Section 2.  This act shall take effect October 1, 2003.

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    Florida Senate - 2003                                  SB 1026
    307-187-03




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 2                          SENATE SUMMARY

 3    Revises an exemption from the public-records law to
      provide that information in a videotaped statement held
 4    by a law enforcement agency which reveals the identity of
      a minor who is the victim, or who is alleged to be the
 5    victim, of sexual battery or other sexual misconduct is
      exempt from public disclosure. Authorizes the disclosure
 6    of that information to another governmental entity if the
      receiving entity maintains the confidentiality of the
 7    information. Abrogates the repeal of s. 119.07(3)2.,
      F.S., scheduled for October 2, 2003, under the Open
 8    Government Sunset Review Act of 1995.

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