Florida Senate - 2014                             CS for SB 1426
       
       
        
       By the Committee on Criminal Justice; and Senators Flores and
       Bullard
       
       
       
       
       591-03467-14                                          20141426c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; revising an exemption from public
    4         records requirements for certain criminal intelligence
    5         and investigative information to exempt information
    6         that reveals the identity of a victim of certain human
    7         trafficking offenses; amending s. 943.0583, F.S.;
    8         providing an exemption from public records
    9         requirements for investigative information relating to
   10         criminal history records of human trafficking victims
   11         that have been ordered expunged; providing for future
   12         legislative review and repeal of the exemption;
   13         providing a statement of public necessity; providing a
   14         contingent effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (h) of subsection (2) of section
   19  119.071, Florida Statutes, is amended to read:
   20         119.071 General exemptions from inspection or copying of
   21  public records.—
   22         (2) AGENCY INVESTIGATIONS.—
   23         (h)1. The following criminal intelligence information or
   24  criminal investigative information is confidential and exempt
   25  from s. 119.07(1) and s. 24(a), Art. I of the State
   26  Constitution:
   27         a. Any information that, including the photograph, name,
   28  address, or other fact, which reveals the identity of the victim
   29  of the crime of child abuse as defined by chapter 827 or that
   30  reveals the identity of a person under the age of 18 who is the
   31  victim of the crime of human trafficking proscribed in s.
   32  787.06(3)(a).
   33         b. Any information that which may reveal the identity of a
   34  person who is a victim of any sexual offense, including a sexual
   35  offense proscribed in s. 787.06(3)(b), (d), (f), (g), or (h),
   36  chapter 794, chapter 796, chapter 800, chapter 827, or chapter
   37  847.
   38         c. A photograph, videotape, or image of any part of the
   39  body of the victim of a sexual offense prohibited under s.
   40  787.06(3)(b), (d), (f), (g), or (h), chapter 794, chapter 796,
   41  chapter 800, s. 810.145, chapter 827, or chapter 847, regardless
   42  of whether the photograph, videotape, or image identifies the
   43  victim.
   44         2. Criminal investigative information and criminal
   45  intelligence information made confidential and exempt under this
   46  paragraph may be disclosed by a law enforcement agency:
   47         a. In the furtherance of its official duties and
   48  responsibilities.
   49         b. For print, publication, or broadcast if the law
   50  enforcement agency determines that such release would assist in
   51  locating or identifying a person that such agency believes to be
   52  missing or endangered. The information provided should be
   53  limited to that needed to identify or locate the victim and not
   54  include the sexual nature of the offense committed against the
   55  person.
   56         c. To another governmental agency in the furtherance of its
   57  official duties and responsibilities.
   58         3. This exemption applies to such confidential and exempt
   59  criminal intelligence information or criminal investigative
   60  information held by a law enforcement agency before, on, or
   61  after the effective date of the exemption.
   62         4. This paragraph is subject to the Open Government Sunset
   63  Review Act in accordance with s. 119.15, and shall stand
   64  repealed on October 2, 2019 2016, unless reviewed and saved from
   65  repeal through reenactment by the Legislature.
   66         Section 2. Subsection (11) is added to section 943.0583,
   67  Florida Statutes, to read:
   68         943.0583 Human trafficking victim expunction.—
   69         (11)(a) The following criminal intelligence information or
   70  criminal investigative information is confidential and exempt
   71  from s. 119.07(1) and s. 24(a), Art. I of the State
   72  Constitution:
   73         1. Any information that reveals the identity of a person
   74  who is a victim of human trafficking whose criminal history
   75  record has been expunged under this section.
   76         2. Any information that may reveal the identity of a person
   77  who is a victim of human trafficking whose criminal history
   78  record has been ordered expunged under this section.
   79         (b) Criminal investigative information and criminal
   80  intelligence information made confidential and exempt under this
   81  subsection may be disclosed by a law enforcement agency:
   82         1. In the furtherance of its official duties and
   83  responsibilities.
   84         2. For print, publication, or broadcast if the law
   85  enforcement agency determines that such release would assist in
   86  locating or identifying a person that the agency believes to be
   87  missing or endangered. The information provided should be
   88  limited to that needed to identify or locate the victim.
   89         3. To another governmental agency in the furtherance of its
   90  official duties and responsibilities.
   91         (c) This exemption applies to such confidential and exempt
   92  criminal intelligence information or criminal investigative
   93  information held by a law enforcement agency before, on, or
   94  after the effective date of the exemption.
   95         (d) This subsection is subject to the Open Government
   96  Sunset Review Act in accordance with s. 119.15 and shall stand
   97  repealed on October 2, 2019, unless reviewed and saved from
   98  repeal through reenactment by the Legislature.
   99         Section 3. The Legislature finds that it is a public
  100  necessity to make confidential and exempt from public records
  101  requirements certain criminal intelligence information or
  102  criminal investigative information that reveals the identity of
  103  a victim of the crime of human trafficking of a minor for labor
  104  or any victim of human trafficking for commercial sexual
  105  activity. The Legislature finds that it is important to
  106  strengthen the protections afforded victims of human trafficking
  107  for labor who are minors and victims of human trafficking for
  108  commercial sexual activity, regardless of age, in order to
  109  ensure their privacy and to prevent their revictimization by
  110  making such information confidential and exempt. The identity of
  111  these victims is information of a sensitive personal nature. As
  112  such, this exemption serves to minimize the trauma to victims
  113  because the release of such information would compound the
  114  tragedy already visited upon their lives and would be defamatory
  115  to or cause unwarranted damage to the good name or reputation of
  116  the victims. Protecting the release of identifying information
  117  of such victims protects them from further embarrassment,
  118  harassment, or injury. The Legislature also finds that it is a
  119  public necessity that information in the investigative or
  120  intelligence records related to a criminal history record
  121  ordered expunged under s. 943.0583, Florida Statutes, which
  122  would or could reasonably be expected to reveal the identity of
  123  a person who is a victim of human trafficking whose criminal
  124  history record has been ordered expunged under s. 943.0583,
  125  Florida Statutes, be made confidential and exempt from s.
  126  119.07(1), Florida Statutes, and s. 24(a), Article I of the
  127  State Constitution. Persons who are victims of human trafficking
  128  and who have been charged with crimes allegedly committed at the
  129  behest of their traffickers are themselves victims of crimes.
  130  Such victims face barriers to employment and other life
  131  opportunities as long as these criminal charges remain on record
  132  and accessible to potential employers and others. It is
  133  necessary that these records be made confidential and exempt in
  134  order for human trafficking victims to have the chance to
  135  rebuild their lives and reenter society.
  136         Section 4. This act shall take effect on the same date that
  137  SB 1440 or similar legislation relating to human trafficking
  138  takes effect, if such legislation is adopted in the same
  139  legislative session or an extension thereof and becomes a law.