CS/HB 409

1
A bill to be entitled
2An act relating to public records; amending s. 119.071,
3F.S.; expanding the exemption from public records
4requirements for criminal intelligence information and
5criminal investigative information to include photographs,
6videotapes, or images of any part of the body of a victim
7of the sexual offense of video voyeurism; providing for
8future review and repeal of the exemption; providing a
9statement of public necessity; reenacting s. 92.56(1)(a),
10F.S., relating to judicial proceedings and court records
11involving sexual offenders, to incorporate the amendment
12made to s. 119.071, F.S., in a reference thereto;
13reenacting s. 119.0714(1)(h), F.S., relating to court
14files and records, to incorporate the amendment made to s.
15119.071, F.S., in a reference thereto; reenacting s.
16794.024(1), F.S., relating to the unlawful disclosure of
17identifying information, to incorporate the amendment made
18to s. 119.071, F.S., in a reference thereto; providing an
19effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Paragraph (h) of subsection (2) of section
24119.071, Florida Statutes, is amended to read:
25     119.071  General exemptions from inspection or copying of
26public records.-
27     (2)  AGENCY INVESTIGATIONS.-
28     (h)1.  The following criminal intelligence information or
29criminal investigative information is confidential and exempt
30from s. 119.07(1) and s. 24(a), Art. I of the State
31Constitution:
32     a.  Any information, including the photograph, name,
33address, or other fact, which reveals the identity of the victim
34of the crime of child abuse as defined by chapter 827.
35     b.  Any information which may reveal the identity of a
36person who is a victim of any sexual offense, including a sexual
37offense proscribed in chapter 794, chapter 796, chapter 800,
38chapter 827, or chapter 847.
39     c.  A photograph, videotape, or image of any part of the
40body of the victim of a sexual offense prohibited under chapter
41794, chapter 796, chapter 800, s. 810.145, chapter 827, or
42chapter 847, regardless of whether the photograph, videotape, or
43image identifies the victim.
44     2.  Criminal investigative information and criminal
45intelligence information made confidential and exempt under this
46paragraph may be disclosed by a law enforcement agency:
47     a.  In the furtherance of its official duties and
48responsibilities.
49     b.  For print, publication, or broadcast if the law
50enforcement agency determines that such release would assist in
51locating or identifying a person that such agency believes to be
52missing or endangered. The information provided should be
53limited to that needed to identify or locate the victim and not
54include the sexual nature of the offense committed against the
55person.
56     c.  To another governmental agency in the furtherance of
57its official duties and responsibilities.
58     3.  This exemption applies to such confidential and exempt
59criminal intelligence information or criminal investigative
60information held by a law enforcement agency before, on, or
61after the effective date of the exemption.
62     4.  This paragraph is subject to the Open Government Sunset
63Review Act in accordance with s. 119.15, and shall stand
64repealed on October 2, 2016 2013, unless reviewed and saved from
65repeal through reenactment by the Legislature.
66     Section 2.  The Legislature finds that it is a public
67necessity that criminal intelligence information or criminal
68investigative information that is a photograph, videotape, or
69image of any part of the body of a victim of the sexual offense
70of video voyeurism prohibited under s. 810.145, Florida
71Statutes, be made confidential and exempt from public records
72requirements. The Legislature finds that such photographs,
73videotapes, or images often depict the victim in graphic
74fashion, frequently nude. Such highly sensitive photographs,
75videotapes, or images of a victim of the sexual offense of video
76voyeurism, if viewed, copied, or publicized, could result in
77trauma, sorrow, humiliation, or emotional injury to the victim
78and the victim's family.
79     Section 3.  For the purpose of incorporating the amendment
80made by this act to section 119.071, Florida Statutes, in a
81reference thereto, paragraph (a) of subsection (1) of section
8292.56, Florida Statutes, is reenacted to read:
83     92.56  Judicial proceedings and court records involving
84sexual offenses.-
85     (1)(a)  The confidential and exempt status of criminal
86intelligence information or criminal investigative information
87made confidential and exempt pursuant to s. 119.071(2)(h) must
88be maintained in court records pursuant to s. 119.0714(1)(h) and
89in court proceedings, including testimony from witnesses.
90     Section 4.  For the purpose of incorporating the amendment
91made by this act to section 119.071, Florida Statutes, in a
92reference thereto, paragraph (h) of subsection (1) of section
93119.0714, Florida Statutes, is reenacted to read:
94     119.0714  Court files; court records; official records.-
95     (1)  COURT FILES.-Nothing in this chapter shall be
96construed to exempt from s. 119.07(1) a public record that was
97made a part of a court file and that is not specifically closed
98by order of court, except:
99     (h)  Criminal intelligence information or criminal
100investigative information that is confidential and exempt as
101provided in s. 119.071(2)(h).
102     Section 5.  For the purpose of incorporating the amendment
103made by this act to section 119.071, Florida Statutes, in a
104reference thereto, subsection (1) of section 794.024, Florida
105Statutes, is reenacted to read:
106     794.024  Unlawful to disclose identifying information.-
107     (1)  A public employee or officer who has access to the
108photograph, name, or address of a person who is alleged to be
109the victim of an offense described in this chapter, chapter 800,
110s. 827.03, s. 827.04, or s. 827.071 may not willfully and
111knowingly disclose it to a person who is not assisting in the
112investigation or prosecution of the alleged offense or to any
113person other than the defendant, the defendant's attorney, a
114person specified in an order entered by the court having
115jurisdiction of the alleged offense, or organizations authorized
116to receive such information made exempt by s. 119.071(2)(h), or
117to a rape crisis center or sexual assault counselor, as defined
118in s. 90.5035(1)(b), who will be offering services to the
119victim.
120     Section 6.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.