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 which may 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.