Florida Senate - 2011 SB 1168 By Senator Oelrich 14-00667-11 20111168__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 119.071, F.S.; exempting from public-records 4 requirements the dissemination of a photograph, 5 videotape, or other image of any part of the body of a 6 victim of a sexual offense which is made or broadcast 7 by a video voyeur and which constitutes criminal 8 investigation information or criminal intelligence 9 information in an agency investigation; providing a 10 finding of public necessity; reenacting s. 11 92.56(1)(a), F.S., relating to judicial proceedings 12 and court records involving sexual offenders, to 13 incorporate the amendment made to s. 119.071, F.S., in 14 a reference thereto; reenacting s. 119.0714(1)(h), 15 F.S., relating to court files and records, to 16 incorporate the amendment made to s. 119.071, F.S., in 17 a reference thereto; reenacting s. 794.024(1), F.S., 18 relating to the unlawful disclosure of identifying 19 information, to incorporate the amendment made to s. 20 119.071, F.S., in a reference thereto; providing an 21 effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Paragraph (h) of subsection (2) of section 26 119.071, Florida Statutes, is amended to read: 27 119.071 General exemptions from inspection or copying of 28 public records.— 29 (2) AGENCY INVESTIGATIONS.— 30 (h)1. The following criminal intelligence information or 31 criminal investigative information is confidential and exempt 32 from s. 119.07(1) and s. 24(a), Art. I of the State 33 Constitution: 34 a. Any information, including the photograph, name, 35 address, or other fact, which reveals the identity of the victim 36 of the crime of child abuse as defined by chapter 827. 37 b. Any information that
whichmay reveal the identity of a 38 person who is a victim of any sexual offense, including a sexual 39 offense proscribed in chapter 794, chapter 796, chapter 800, 40 chapter 827, or chapter 847. 41 c. A photograph, videotape, or image of any part of the 42 body of the victim of a sexual offense prohibited under chapter 43 794, chapter 796, chapter 800, s. 810.145, chapter 827, or 44 chapter 847, regardless of whether the photograph, videotape, or 45 image identifies the victim. 46 2. Criminal investigative information and criminal 47 intelligence information made confidential and exempt under this 48 paragraph may be disclosed by a law enforcement agency: 49 a. In the furtherance of its official duties and 50 responsibilities. 51 b. For print, publication, or broadcast if the law 52 enforcement agency determines that such release would assist in 53 locating or identifying a person that such agency believes to be 54 missing or endangered. The information provided should be 55 limited to that needed to identify or locate the victim and not 56 include the sexual nature of the offense committed against the 57 person. 58 c. To another governmental agency in the furtherance of its 59 official duties and responsibilities. 60 3. This exemption applies to such confidential and exempt 61 criminal intelligence information or criminal investigative 62 information held by a law enforcement agency before, on, or 63 after the effective date of the exemption. 64 4. This paragraph is subject to the Open Government Sunset 65 Review Act in accordance with s. 119.15, and shall stand 66 repealed on October 2, 2013, unless reviewed and saved from 67 repeal through reenactment by the Legislature. 68 Section 2. The Legislature finds that it is a public 69 necessity that images of any part of the body of a victim of a 70 sexual offense recorded or broadcast by a video voyeur not be 71 disseminated to the public. Such displays, even if they do not 72 identify the victim, are inappropriate for public access. Under 73 current law, it is possible for persons to obtain access to 74 photographs or videos of victims of video voyeurism crimes 75 through a public-records request. These illegally and 76 surreptitiously taken photographs or videos are usually of 77 women, and commonly show the victims undressed or engaged in 78 private acts of personal hygiene or sexual conduct. These 79 activities are not intended for public view or inspection. This 80 restriction of public access recognizes the basic privacy rights 81 of these victims by preventing access to or possible public 82 dissemination of such photographs or videotapes. 83 Section 3. For the purpose of incorporating the amendment 84 made by this act to section 119.071, Florida Statutes, in a 85 reference thereto, paragraph (a) of subsection (1) of section 86 92.56, Florida Statutes, is reenacted to read: 87 92.56 Judicial proceedings and court records involving 88 sexual offenses.— 89 (1)(a) The confidential and exempt status of criminal 90 intelligence information or criminal investigative information 91 made confidential and exempt pursuant to s. 119.071(2)(h) must 92 be maintained in court records pursuant to s. 119.0714(1)(h) and 93 in court proceedings, including testimony from witnesses. 94 Section 4. For the purpose of incorporating the amendment 95 made by this act to section 119.071, Florida Statutes, in a 96 reference thereto, paragraph (h) of subsection (1) of section 97 119.0714, Florida Statutes, is reenacted to read: 98 119.0714 Court files; court records; official records.— 99 (1) COURT FILES.—Nothing in this chapter shall be construed 100 to exempt from s. 119.07(1) a public record that was made a part 101 of a court file and that is not specifically closed by order of 102 court, except: 103 (h) Criminal intelligence information or criminal 104 investigative information that is confidential and exempt as 105 provided in s. 119.071(2)(h). 106 Section 5. For the purpose of incorporating the amendment 107 made by this act to section 119.071, Florida Statutes, in a 108 reference thereto, subsection (1) of section 794.024, Florida 109 Statutes, is reenacted to read: 110 794.024 Unlawful to disclose identifying information.— 111 (1) A public employee or officer who has access to the 112 photograph, name, or address of a person who is alleged to be 113 the victim of an offense described in this chapter, chapter 800, 114 s. 827.03, s. 827.04, or s. 827.071 may not willfully and 115 knowingly disclose it to a person who is not assisting in the 116 investigation or prosecution of the alleged offense or to any 117 person other than the defendant, the defendant’s attorney, a 118 person specified in an order entered by the court having 119 jurisdiction of the alleged offense, or organizations authorized 120 to receive such information made exempt by s. 119.071(2)(h), or 121 to a rape crisis center or sexual assault counselor, as defined 122 in s. 90.5035(1)(b), who will be offering services to the 123 victim. 124 Section 6. This act shall take effect July 1, 2011.