HB 0453 2003
1	CHAMBER ACTION
2
3
4
5
6	The Committee on State Administration recommends the following:
7
8	Committee Substitute
9	Remove the entire bill and insert:
10
11	A bill to be entitled
12	An act relating to public records; amending s. 119.07,
13	F.S.; providing an exemption from public records
14	requirements for criminal intelligence information or
15	criminal investigative information which is a photograph,
16	videotape, or image of any part of the body of a victim of
17	a sexual offense; providing for retroactive effect of the
18	exemption; providing for future legislative review and
19	repeal; providing a statement of public necessity;
20	providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1. Paragraph (f) of subsection (3) of section
25	119.07, Florida Statutes, is amended to read:
26	119.07 Inspection, examination, and duplication of
27	records; exemptions.--
28	(3)
29	(f)1.Any criminal intelligence information or criminal
30	investigative information including the photograph, name,
31	address, or other fact or information which reveals the identity
32	of the victim of the crime of sexual battery as defined in
33	chapter 794; the identity of the victim of a lewd or lascivious
34	offense committed upon or in the presence of a person less than
35	16 years of age, as defined in chapter 800; or the identity of
36	the victim of the crime of child abuse as defined by chapter 827
37	and any criminal intelligence information or criminal
38	investigative information or other criminal record, including
39	those portions of court records and court proceedings, which may
40	reveal the identity of a person who is a victim of any sexual
41	offense, including a sexual offense proscribed in chapter 794,
42	chapter 800, or chapter 827, is exempt from the provisions of
43	subsection (1) and s. 24(a), Art. I of the State Constitution.
44	2. In addition to subparagraph 1., any criminal
45	intelligence information or criminal investigative information
46	which is a photograph, videotape, or image of any part of the
47	body of the victim of a sexual offense prohibited under chapter
48	794, chapter 800, or chapter 827, regardless of whether the
49	photograph, videotape, or image identifies the victim, is
50	confidential and exempt from subsection (1) and s. 24(a), Art. I
51	of the State Constitution. This exemption applies to
52	photographs, videotapes, or images held as criminal intelligence
53	information or criminal investigative information before, on, or
54	after the effective date of the exemption.
55	Section 2. Subparagraph 2. of paragraph (f) of subsection
56	(3) of section 119.07, Florida Statutes, is subject to the Open
57	Government Sunset Review Act of 1995 in accordance with s.
58	119.15, Florida Statutes, and shall stand repealed on October 2,
59	2008, unless reviewed and saved from repeal through reenactment
60	by the Legislature.
61	Section 3. The Legislature finds that it is a public
62	necessity that criminal intelligence information or criminal
63	investigative information which is a photograph, videotape, or
64	image of any part of the body of a victim of a sexual offense
65	prohibited under chapter 794, chapter 800, or chapter 827,
66	Florida Statutes, be made confidential and exempt from the
67	requirements of s. 119.07(1), Florida Statutes, and s. 24(a),
68	Art. I of the State Constitution. The Legislature finds that
69	such photographs, videotapes, or images often depict the victim
70	in a graphic and disturbing fashion, frequently nude, bruised,
71	or bloodied. Such highly sensitive photographs, videotapes, or
72	images of a victim of a sexual offense, if viewed, copied, or
73	publicized, could result in trauma, sorrow, humiliation, or
74	emotional injury to the victim and the victim’s family. The
75	Legislature further finds that the exemption provided in this
76	act should be given retroactive application because it is
77	remedial in nature.
78	Section 4. This act shall take effect upon becoming a law.