Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 768
       
       
       
       
       
       
                                Ì805740ÇÎ805740                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             05/02/2014 03:52 PM       .                                
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       Senator Braynon moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 96 - 133
    4  and insert:
    5  s. 787.06(3)(a)1., (c)1., or (e)1., in s. 787.06(3)(b), (d),
    6  (f), or (g), or in chapter 794 or chapter 800, or with child
    7  abuse, aggravated child abuse, or sexual performance by a child
    8  as described in chapter 827, may apply to the trial court for an
    9  order of disclosure of information in court records held
   10  confidential and exempt pursuant to s. 119.0714(1)(h) or
   11  maintained as confidential and exempt pursuant to court order
   12  under this section. Such identifying information concerning the
   13  victim may be released to the defendant or his or her attorney
   14  in order to prepare the defense. The confidential and exempt
   15  status of this information does may not be construed to prevent
   16  the disclosure of the victim’s identity to the defendant;
   17  however, the defendant may not disclose the victim’s identity to
   18  any person other than the defendant’s attorney or any other
   19  person directly involved in the preparation of the defense. A
   20  willful and knowing disclosure of the identity of the victim to
   21  any other person by the defendant constitutes contempt.
   22         (3) The state may use a pseudonym instead of the victim’s
   23  name to designate the victim of a crime specified described in
   24  s. 787.06(3)(a)1., (c)1., or (e)1., in s. 787.06(3)(b), (d),
   25  (f), or (g), or in chapter 794 or chapter 800, or of child
   26  abuse, aggravated child abuse, or sexual performance by a child
   27  as described in chapter 827, or any crime involving the
   28  production, possession, or promotion of child pornography as
   29  described in chapter 847, in all court records and records of
   30  court proceedings, both civil and criminal.
   31         (4) The protection of this section may be waived by the
   32  victim of the alleged offense in a writing filed with the court,
   33  in which the victim consents to the use or release of
   34  identifying information during court proceedings and in the
   35  records of court proceedings.
   36         (5) This section does not prohibit the publication or
   37  broadcast of the substance of trial testimony in a prosecution
   38  for an offense specified described in s. 787.06(3)(a)1., (c)1.,
   39  or (e)1., in s. 787.06(3)(b), (d), (f), or (g), or in chapter
   40  794 or chapter 800, or for a crime of