HB 0453 2003
1	A bill to be entitled
2	An act relating to public records; amending s. 119.07,
3	F.S.; providing an exemption from public records
4	requirements for a photograph, videotape, digital image,
5	electronic image, recorded image, or other visual image of
6	any part of the body of a victim of a sexual offense;
7	providing for future legislative review and repeal;
8	providing 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 (gg) is added to subsection (3) of
14	section 119.07, Florida Statutes, to read:
15	119.07 Inspection, examination, and duplication of
16	records; exemptions.--
17	(3)
18	(gg) Any photograph, videotape, digital image, electronic
19	image, recorded image, or other visual image of any part of the
20	body of a victim of a sexual offense prohibited under chapter
21	794, chapter 800, or chapter 827 is confidential and exempt from
22	subsection (1) and s. 24(a), Art. I of the State Constitution,
23	regardless of whether the photograph, videotape, digital image,
24	electronic image, recorded image, or other visual image
25	constitutes criminal intelligence information, criminal
26	investigative information, or any other record or evidence in
27	the custody or possession of a law enforcement agency, state
28	attorney, emergency medical service agency, or medical facility.
29	This paragraph is subject to the Open Government Sunset Review
30	Act of 1995, in accordance with s. 119.15, and shall stand
31	repealed on October 2, 2008, unless reviewed and saved from
32	repeal through reenactment by the Legislature.
33	Section 2. The Legislature finds that it is a public
34	necessity that photographs, videotapes, digital images,
35	electronic images, recorded images, and other visual images of
36	any part of the body of a victim of a sexual offense prohibited
37	under chapter 794, chapter 800, or chapter 827 be made
38	confidential and exempt from the requirements of section
39	119.07(1), Florida Statutes, and Section 24(a) of Article I of
40	the State Constitution. The Legislature finds that such
41	photographs or images often depict the victim in a graphic and
42	disturbing fashion, and that such photographs or images, if
43	viewed, copied, or publicized, could result in trauma,
44	humiliation, or emotional injury to the victim and the family of
45	the victim. Accordingly, the Legislature finds that the harm to
46	the public which would result from the release of such
47	photographs, videotapes, digital images, electronic images,
48	recorded images, or other visual images substantially outweighs
49	any minimal public benefit derived therefrom.
50	Section 3. This act shall take effect upon becoming a law.