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