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A bill to be entitled

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An act relating to a review under the Open Government

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Sunset Review Act; reenacting s. 119.071(2)(h), F.S.,

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relating to a public-records exemption provided for any

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photograph, videotape, or image of the victim of a sexual

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offense; saving the exemption from repeal under the Open

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Government Sunset Review Act; repealing s. 2, ch. 2003-

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157, Laws of Florida; deleting provisions providing for

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repeal of the exemption; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Paragraph (h) of subsection (2) of section

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119.071, Florida Statutes, is reenacted to read:

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     119.071  General exemptions from inspection or copying of

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public records.--

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     (2)  AGENCY INVESTIGATIONS.--

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     (h)1.  Any criminal intelligence information or criminal

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investigative information including the photograph, name,

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address, or other fact or information which reveals the identity

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of the victim of the crime of sexual battery as defined in

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chapter 794; the identity of the victim of a lewd or lascivious

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offense committed upon or in the presence of a person less than

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16 years of age, as defined in chapter 800; or the identity of

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the victim of the crime of child abuse as defined by chapter 827

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and any criminal intelligence information or criminal

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investigative information or other criminal record, including

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those portions of court records and court proceedings, which may

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reveal the identity of a person who is a victim of any sexual

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offense, including a sexual offense proscribed in chapter 794,

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chapter 800, or chapter 827, is exempt from s. 119.07(1) and s.

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24(a), Art. I of the State Constitution.

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     2.  In addition to subparagraph 1., any criminal

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intelligence information or criminal investigative information

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that is a photograph, videotape, or image of any part of the body

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of the victim of a sexual offense prohibited under chapter 794,

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chapter 800, or chapter 827, regardless of whether the

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photograph, videotape, or image identifies the victim, is

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confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of

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the State Constitution. This exemption applies to photographs,

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videotapes, or images held as criminal intelligence information

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or criminal investigative information before, on, or after the

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effective date of the exemption.

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     Section 2. Section 2 of chapter 2003-157, Laws of Florida,

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is repealed.

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     Section 3.  This act shall take effect October 1, 2008.