Senate Bill sb0126c1

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

12  

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.

 8  

 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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