Senate Bill sb0126c1
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Florida Senate - 2003 CS for SB 126
By the Committee on Criminal Justice; and Senators Campbell
and Lynn
307-2028-03
1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.07, F.S.; providing an exemption from the
4 public-records requirements for a photograph,
5 videotape, or image of any part of the body of
6 a victim of a sexual offense; providing for
7 future legislative review and repeal; providing
8 a statement of public necessity; providing an
9 effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Paragraph (f) of subsection (3) of section
14 119.07, Florida Statutes, is amended to read:
15 119.07 Inspection, examination, and duplication of
16 records; exemptions.--
17 (3)
18 (f)1. Any criminal intelligence information or
19 criminal investigative information including the photograph,
20 name, address, or other fact or information which reveals the
21 identity of the victim of the crime of sexual battery as
22 defined in chapter 794; the identity of the victim of a lewd
23 or lascivious offense committed upon or in the presence of a
24 person less than 16 years of age, as defined in chapter 800;
25 or the identity of the victim of the crime of child abuse as
26 defined by chapter 827 and any criminal intelligence
27 information or criminal investigative information or other
28 criminal record, including those portions of court records and
29 court proceedings, which may reveal the identity of a person
30 who is a victim of any sexual offense, including a sexual
31 offense proscribed in chapter 794, chapter 800, or chapter
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Florida Senate - 2003 CS for SB 126
307-2028-03
1 827, is exempt from the provisions of subsection (1) and s.
2 24(a), Art. I of the State Constitution.
3 2. In addition to subparagraph 1., any criminal
4 intelligence information or criminal investigative information
5 which is a photograph, videotape, or image of any part of the
6 body of the victim of a sexual offense prohibited under
7 chapter 794, chapter 800, or chapter 827, is confidential and
8 exempt from subsection (1) and s. 24(a), Art. I of the State
9 Constitution. A photograph, videotape, or image is
10 confidential and exempt regardless of whether it identifies
11 the victim. This exemption applies to such photographs,
12 videotapes, or images before, on, or after the effective date
13 of the exemption.
14 Section 2. Subparagraph 2. of paragraph (f) of
15 subsection (3) of section 119.07, Florida Statutes, is subject
16 to the Open Government Sunset Review Act of 1995 in accordance
17 with s. 119.15, and shall stand repealed on October 2, 2008,
18 unless reviewed and saved from repeal through reenactment by
19 the Legislature.
20 Section 3. The Legislature finds that it is a public
21 necessity that photographs, videotapes, or images of any part
22 of the body of a victim of a sexual offense prohibited under
23 chapter 794, chapter 800, or chapter 827, Florida Statutes, be
24 made confidential and exempt from the requirements of section
25 119.07(1), Florida Statutes, and Section 24(a) of Article I of
26 the State Constitution. The Legislature finds that such
27 photographs, videotapes, or images often depict the victim in
28 a graphic and disturbing fashion. Such photographs,
29 videotapes, or images may depict or describe the victim nude,
30 bruised, or bloodied. As such, photographs, videotapes, or
31 images of the victim are highly sensitive and, if viewed,
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Florida Senate - 2003 CS for SB 126
307-2028-03
1 copied, or publicized, could result in trauma, sorrow,
2 humiliation, or emotional injury to the victim and the
3 victim's family. The Legislature further finds that the
4 exemption provided in this act should be given retroactive
5 application because it is remedial in nature.
6 Section 4. This act shall take effect upon becoming a
7 law.
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9 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
10 Senate Bill 126
11
12 - Creates a public records exemption that makes
confidential and exempt any criminal intelligence
13 information or criminal investigative information which
is a photograph, videotape, or image of any part of the
14 body of the victim of a sexual offense prohibited under
ch. 794, F.S. (sexual battery), ch. 800, F.S. (lewdness;
15 indecent exposure), and ch. 827, F.S. (abuse of
children).
16
- Provides that this exemption applies to such photographs,
17 videotapes, or images before, on, or after the effective
date of the exemption.
18
- Provides a statement of public necessity. The Legislature
19 finds that it is a public necessity that photographs,
videotapes, or images of any part of the body of a victim
20 of a sexual offense prohibited under ch. 794, F.S., ch.
800, F.S., or ch. 827, F.S., be made confidential and
21 exempt from the requirements of s. 119.07(1), F.S., and
s. 24(a), Art. I of the State Constitution. The
22 Legislature finds these records often depict the victim
in a graphic and disturbing fashion and may depict or
23 describe the victim nude, bruised or bloodied. As such,
the records are highly sensitive and if viewed, copied,
24 or publicized could result in trauma, sorrow,
humiliation, or emotional injury to the victim and the
25 victim's family. The Legislature further finds that the
exemption should be given retroactive effect because it
26 is remedial in nature.
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