Florida Senate - 2013 CS for SB 542
By the Committee on Criminal Justice; and Senator Braynon
591-02196-13 2013542c1
1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.071, F.S.; creating an exemption from public
4 records requirements for certain criminal intelligence
5 information and criminal investigative information
6 that might reveal the identity of a person who is a
7 victim of human trafficking or a photograph,
8 videotape, or image of any part of the body of the
9 victim of human trafficking; amending s. 794.024,
10 F.S.; prohibiting a public employee or officer who has
11 access to identifying information of a person who is
12 alleged to be the victim of human trafficking from
13 willfully and knowingly disclosing the information to
14 a person who is not assisting in the investigation or
15 prosecution of the alleged offense; reenacting s.
16 92.56(1)(a), F.S., relating to judicial proceedings
17 and court records involving sexual offenses, to
18 incorporate the amendment made to s. 119.071, F.S., in
19 a reference thereto; providing for review and repeal;
20 providing a statement of public necessity; providing
21 an 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 or the
37 victim of a violation of s. 787.06(3)(a), if the victim was
38 under 18 years of age.
39 b. Any information that which may reveal the identity of a
40 person who is a victim of any sexual offense, including a sexual
41 offense proscribed in s. 787.06(3)(d), (f), (g), or (h), chapter
42 794, chapter 796, chapter 800, chapter 827, or chapter 847.
43 c. A photograph, videotape, or image of any part of the
44 body of the victim of a violation of s. 787.06(3)(a), if the
45 victim was under 18 years of age, or the victim of a sexual
46 offense prohibited under s. 787.06(3)(d), (f), (g), or (h),
47 chapter 794, chapter 796, chapter 800, s. 810.145, chapter 827,
48 or chapter 847, regardless of whether the photograph, videotape,
49 or image identifies the victim.
50 2. Criminal investigative information and criminal
51 intelligence information made confidential and exempt under this
52 paragraph may be disclosed by a law enforcement agency:
53 a. In the furtherance of its official duties and
54 responsibilities.
55 b. For print, publication, or broadcast if the law
56 enforcement agency determines that such release would assist in
57 locating or identifying a person that such agency believes to be
58 missing or endangered. The information provided should be
59 limited to that needed to identify or locate the victim and not
60 include the sexual nature of the offense committed against the
61 person.
62 c. To another governmental agency in the furtherance of its
63 official duties and responsibilities.
64 3. This exemption applies to such confidential and exempt
65 criminal intelligence information or criminal investigative
66 information held by a law enforcement agency before, on, or
67 after the effective date of the exemption.
68 4. This paragraph is subject to the Open Government Sunset
69 Review Act in accordance with s. 119.15, and shall stand
70 repealed on October 2, 2018 2016, unless reviewed and saved from
71 repeal through reenactment by the Legislature.
72 Section 2. Section 794.024, Florida Statutes, is amended to
73 read:
74 794.024 Unlawful to disclose identifying information.—
75 (1)(a) A public employee or officer who has access to the
76 photograph, name, or address of a person who is alleged to be
77 the victim of an offense described in this chapter, s.
78 787.06(3)(a), if the victim was under 18 years of age, s.
79 787.06(3)(d), (f), (g), or (h), chapter 800, s. 827.03, s.
80 827.04, or s. 827.071 may not willfully and knowingly disclose
81 it to a person who is not assisting in the investigation or
82 prosecution of the alleged offense or to any person other than
83 the defendant, the defendant’s attorney, a person specified in
84 an order entered by the court having jurisdiction of the alleged
85 offense, or organizations authorized to receive such information
86 made exempt by s. 119.071(2)(h), or to a rape crisis center or
87 sexual assault counselor, as defined in s. 90.5035(1)(b), who
88 will be offering services to the victim.
89 (b) Paragraph (a) is subject to the Open Government Sunset
90 Review Act in accordance with s. 119.15 and shall stand repealed
91 on October 2, 2018, unless reviewed and saved from repeal
92 through reenactment by the Legislature.
93 (2) A violation of subsection (1) constitutes a misdemeanor
94 of the second degree, punishable as provided in s. 775.082 or s.
95 775.083.
96 Section 3. For the purpose of incorporating the amendment
97 made by this act to section 119.071, Florida Statutes, in a
98 reference thereto, paragraph (a) of subsection (1) of section
99 92.56, Florida Statutes, is reenacted to read:
100 92.56 Judicial proceedings and court records involving
101 sexual offenses.—
102 (1)(a) The confidential and exempt status of criminal
103 intelligence information or criminal investigative information
104 made confidential and exempt pursuant to s. 119.071(2)(h) must
105 be maintained in court records pursuant to s. 119.0714(1)(h) and
106 in court proceedings, including testimony from witnesses.
107 Section 4. The Legislature finds that it is a public
108 necessity that personal identifying information relating to an
109 individual who is an alleged victim of human trafficking be made
110 confidential and exempt from public records requirements.
111 Present Florida law provides that the identities and any
112 photographs of victims of sexual offenses are confidential.
113 However, victims of human trafficking are not included in this
114 protection. The Legislature finds that instituting
115 confidentiality protections sought here for victims of human
116 trafficking would be identical to those confidentiality
117 provisions presently in law protecting the identity of victims
118 of other sexual offenses. These amendments recognize that
119 victims of human trafficking deserve the same protection as
120 victims of sexual abuse.
121 Section 5. This act shall take effect July 1, 2013.