Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 248
       
       
       
       
       
       
                                Ì252982?Î252982                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  03/17/2015           .                                
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       The Committee on Governmental Oversight and Accountability
       (Ring) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (g) through (k) of subsection (2) of
    6  section 119.071, Florida Statutes, are redesignated as
    7  paragraphs (h) through (l), respectively, and a new paragraph
    8  (g) is added to that subsection, to read:
    9         119.071 General exemptions from inspection or copying of
   10  public records.—
   11         (2) AGENCY INVESTIGATIONS.—
   12         (g)1.An audio or video recording made by a law enforcement
   13  officer in the course of the officer performing his or her
   14  official duties and responsibilities is exempt from 119.07(1)
   15  and s. 24(a), Art. 1 of the State Constitution, if the
   16  recording:
   17         a.Is taken within the interior of a private residence;
   18         b. Is taken on the property of a facility that offers
   19  health care, mental health care, or social services;
   20         c.Is taken at the scene of a medical emergency; or
   21         d. Is taken in a place where a person recorded or depicted
   22  in the recording has a reasonable expectation of privacy.
   23         2. If the audio or video recording or a portion of such
   24  recording is exempt or confidential and exempt pursuant to
   25  another law, that exemption applies and determines under which
   26  circumstances, if any, the recording or a portion of the
   27  recording may be disclosed to the public.
   28         3.The law enforcement agency having custody of an audio or
   29  video recording described in subparagraph 1. may disclose the
   30  recording to another law enforcement agency in furtherance of
   31  that agency’s official duties and responsibilities.
   32         4.a.In accordance with s. 119.07, the following persons
   33  may inspect an audio or video recording described in
   34  subparagraph 1.:
   35         (I)A person recorded or depicted in the recording.
   36         (II) The agent or attorney of a person recorded or depicted
   37  in the recording, if inspection is authorized by that person or
   38  his or her legal representative.
   39         (III)A person not recorded or depicted in the recording,
   40  if inspection is authorized by all persons recorded or depicted
   41  in the recording.
   42         b. This subparagraph does not apply to information in the
   43  recording that is exempt or confidential and exempt pursuant to
   44  another provision of law.
   45         5. A law enforcement agency under this paragraph must have
   46  a retention policy of not shorter than 4 years for audio or
   47  video recordings unless the audio or video recording is part of
   48  an active criminal investigation or criminal intelligence
   49  operation or a court orders its retention for a longer period. A
   50  law enforcement agency must disclose its records retention
   51  policy for audio or video recordings under this paragraph.
   52         6. This exemption shall be given retroactive application
   53  unless the audio or video recording or a portion of such
   54  recording is exempt or confidential and exempt pursuant to
   55  another exemption, then that exemption determines if
   56  retroactivity applies.
   57         7. This paragraph is subject to the Open Government Sunset
   58  Review Act in accordance with s. 119.15 and shall stand repealed
   59  on October 2, 2020, unless reviewed and saved from repeal
   60  through reenactment by the Legislature.
   61         Section 2. Paragraph (a) of subsection (1) of section
   62  92.56, Florida Statutes, is amended to read:
   63         92.56 Judicial proceedings and court records involving
   64  sexual offenses and human trafficking.—
   65         (1)(a) The confidential and exempt status of criminal
   66  intelligence information or criminal investigative information
   67  made confidential and exempt pursuant to s. 119.071(2)(i) s.
   68  119.071(2)(h) must be maintained in court records pursuant to s.
   69  119.0714(1)(h) and in court proceedings, including testimony
   70  from witnesses.
   71         Section 3. Paragraph (c) of subsection (3) of section
   72  119.011, Florida Statutes, is amended to read:
   73         119.011 Definitions.—As used in this chapter, the term:
   74         (3)
   75         (c) “Criminal intelligence information” and “criminal
   76  investigative information” shall not include:
   77         1. The time, date, location, and nature of a reported
   78  crime.
   79         2. The name, sex, age, and address of a person arrested or
   80  of the victim of a crime except as provided in s. 119.071(2)(i)
   81  s. 119.071(2)(h).
   82         3. The time, date, and location of the incident and of the
   83  arrest.
   84         4. The crime charged.
   85         5. Documents given or required by law or agency rule to be
   86  given to the person arrested, except as provided in s.
   87  119.071(2)(i) s. 119.071(2)(h), and, except that the court in a
   88  criminal case may order that certain information required by law
   89  or agency rule to be given to the person arrested be maintained
   90  in a confidential manner and exempt from the provisions of s.
   91  119.07(1) until released at trial if it is found that the
   92  release of such information would:
   93         a. Be defamatory to the good name of a victim or witness or
   94  would jeopardize the safety of such victim or witness; and
   95         b. Impair the ability of a state attorney to locate or
   96  prosecute a codefendant.
   97         6. Informations and indictments except as provided in s.
   98  905.26.
   99         Section 4. Paragraph (h) of subsection (1) of section
  100  119.0714, Florida Statutes, is amended to read:
  101         119.0714 Court files; court records; official records.—
  102         (1) COURT FILES.—Nothing in this chapter shall be construed
  103  to exempt from s. 119.07(1) a public record that was made a part
  104  of a court file and that is not specifically closed by order of
  105  court, except:
  106         (h) Criminal intelligence information or criminal
  107  investigative information that is confidential and exempt as
  108  provided in s. 119.071(2)(i) s. 119.071(2)(h).
  109         Section 5. Paragraph (b) of subsection (4) of section
  110  784.046, Florida Statutes, is amended to read:
  111         784.046 Action by victim of repeat violence, sexual
  112  violence, or dating violence for protective injunction; dating
  113  violence investigations, notice to victims, and reporting;
  114  pretrial release violations; public records exemption.—
  115         (4)
  116         (b) The sworn petition must be in substantially the
  117  following form:
  118  
  119               PETITION FOR INJUNCTION FOR PROTECTION              
  120                   AGAINST REPEAT VIOLENCE, SEXUAL                 
  121                    VIOLENCE, OR DATING VIOLENCE                   
  122  
  123         Before me, the undersigned authority, personally appeared
  124  Petitioner ...(Name)..., who has been sworn and says that the
  125  following statements are true:
  126  
  127         1. Petitioner resides at ...(address)... (A petitioner for
  128  an injunction for protection against sexual violence may furnish
  129  an address to the court in a separate confidential filing if,
  130  for safety reasons, the petitioner requires the location of his
  131  or her current residence to be confidential pursuant to s.
  132  119.071(2)(k) s. 119.071(2)(j), Florida Statutes.)
  133         2. Respondent resides at ...(address)....
  134         3.a. Petitioner has suffered repeat violence as
  135  demonstrated by the fact that the respondent has:
  136         ...(enumerate incidents of violence)...
  137  
  138                  ................................                 
  139                  ................................                 
  140                  ................................                 
  141  
  142         b. Petitioner has suffered sexual violence as demonstrated
  143  by the fact that the respondent has: ...(enumerate incident of
  144  violence and include incident report number from law enforcement
  145  agency or attach notice of inmate release.)...
  146  
  147                  ................................                 
  148                  ................................                 
  149                  ................................                 
  150  
  151         c. Petitioner is a victim of dating violence and has
  152  reasonable cause to believe that he or she is in imminent danger
  153  of becoming the victim of another act of dating violence or has
  154  reasonable cause to believe that he or she is in imminent danger
  155  of becoming a victim of dating violence, as demonstrated by the
  156  fact that the respondent has: ...(list the specific incident or
  157  incidents of violence and describe the length of time of the
  158  relationship, whether it has been in existence during the last 6
  159  months, the nature of the relationship of a romantic or intimate
  160  nature, the frequency and type of interaction, and any other
  161  facts that characterize the relationship.)...
  162  
  163                  ................................                 
  164                  ................................                 
  165                  ................................                 
  166  
  167         4. Petitioner genuinely fears repeat violence by the
  168  respondent.
  169         5. Petitioner seeks: an immediate injunction against the
  170  respondent, enjoining him or her from committing any further
  171  acts of violence; an injunction enjoining the respondent from
  172  committing any further acts of violence; and an injunction
  173  providing any terms the court deems necessary for the protection
  174  of the petitioner and the petitioner’s immediate family,
  175  including any injunctions or directives to law enforcement
  176  agencies.
  177         Section 6. Subsection (1) of section 794.024, Florida
  178  Statutes, is amended to read:
  179         794.024 Unlawful to disclose identifying information.—
  180         (1) A public employee or officer who has access to the
  181  photograph, name, or address of a person who is alleged to be
  182  the victim of an offense described in this chapter, chapter 800,
  183  s. 827.03, s. 827.04, or s. 827.071 may not willfully and
  184  knowingly disclose it to a person who is not assisting in the
  185  investigation or prosecution of the alleged offense or to any
  186  person other than the defendant, the defendant’s attorney, a
  187  person specified in an order entered by the court having
  188  jurisdiction of the alleged offense, or organizations authorized
  189  to receive such information made exempt by s. 119.071(2)(i) s.
  190  119.071(2)(h), or to a rape crisis center or sexual assault
  191  counselor, as defined in s. 90.5035(1)(b), who will be offering
  192  services to the victim.
  193         Section 7. Section 794.03, Florida Statutes, is amended to
  194  read:
  195         794.03 Unlawful to publish or broadcast information
  196  identifying sexual offense victim.—No person shall print,
  197  publish, or broadcast, or cause or allow to be printed,
  198  published, or broadcast, in any instrument of mass communication
  199  the name, address, or other identifying fact or information of
  200  the victim of any sexual offense within this chapter, except as
  201  provided in s. 119.071(2)(i) s. 119.071(2)(h) or unless the
  202  court determines that such information is no longer confidential
  203  and exempt pursuant to s. 92.56. An offense under this section
  204  shall constitute a misdemeanor of the second degree, punishable
  205  as provided in s. 775.082 or s. 775.083.
  206         Section 8.The Legislature finds that it is a public
  207  necessity that an audio or video recording made by a law
  208  enforcement officer in the course of the officer performing his
  209  or her official duties and responsibilities be made exempt from
  210  the public records requirements of s. 119.07(1), Florida
  211  Statutes, and s. 24(a), Article I of the State Constitution, if
  212  the recording: is taken within the interior of a private
  213  residence; is taken on the property of a facility that offers
  214  health care, mental health care, or social services; is taken at
  215  the scene of a medical emergency; is taken at a place where a
  216  person recorded or depicted in the recording has a reasonable
  217  expectation of privacy. The Legislature finds that information
  218  recorded by these devices in these circumstances is
  219  significantly more likely to include highly sensitive personal
  220  information regarding the persons recorded than in other
  221  circumstances. The Legislature finds that public disclosure of
  222  these recordings could have an undesirable, chilling effect:
  223  persons who know sensitive personal information about them is
  224  being or may be recorded may be unwilling to cooperate with law
  225  enforcement officers and make calls for the services of law
  226  enforcement officers. This exemption allows law enforcement
  227  officers to more effectively and efficiently administer their
  228  duties, which would otherwise be significantly impaired. In the
  229  case of minors, information about those minors could jeopardize
  230  their safety if the minors’ identities and whereabouts are
  231  recorded and open for anyone to request and keep. The
  232  Legislature recognizes an individual’s right to be free of
  233  government intrusion as codified in s. 23, Article I of the
  234  State Constitution and finds that these exemptions to the public
  235  records laws do not limit the public’s right to open government.
  236  The Legislature finds that these interests or concerns not only
  237  necessitate the exemption of the recordings but outweigh any
  238  public benefit that may be derived from their disclosure.
  239         Section 9. This act shall take effect July 1, 2015.
  240  
  241  ================= T I T L E  A M E N D M E N T ================
  242  And the title is amended as follows:
  243         Delete everything before the enacting clause
  244  and insert:
  245                        A bill to be entitled                      
  246         An act relating to public records; amending s.
  247         119.071, F.S.; providing an exemption from public
  248         record requirements for an audio or video recording
  249         made by a law enforcement officer in the course of the
  250         officer performing his or her official duties and
  251         responsibilities, if the recording is taken within
  252         certain locations; specifying how the exemption
  253         operates in relation to other exemptions that may
  254         apply to the recording; authorizing the law
  255         enforcement agency with custody over the recording to
  256         disclose the recording to another law enforcement
  257         agency in furtherance of that agency’s official duties
  258         and responsibilities; specifying persons who may
  259         inspect the recording; requiring a law enforcement
  260         agency to have a retention policy for audio or video
  261         recordings of not shorter than 4 years; providing an
  262         exception; requiring a law enforcement agency to
  263         disclose its records retention policy for audio or
  264         video recordings; providing retroactive application of
  265         the exemption; providing an exception; providing for
  266         future legislative review and repeal of the exemption
  267         under the Open Government Sunset Review Act; amending
  268         ss. 92.56, 119.011, 119.0714, 784.046, 794.024, and
  269         794.03, F.S.; conforming cross-references; providing a
  270         statement of public necessity; providing an effective
  271         date.