Florida Senate - 2020 (PROPOSED BILL) SPB 7036 FOR CONSIDERATION By the Committee on Criminal Justice 591-01117-20 20207036pb 1 A bill to be entitled 2 An act relating to a review under the Open Government 3 Sunset Review Act; amending ss. 119.071 and 943.0583, 4 F.S.; abrogating the scheduled repeals of provisions 5 relating to specified criminal intelligence 6 information or criminal investigative information; 7 providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Paragraph (h) of subsection (2) of section 12 119.071, Florida Statutes, is amended to read: 13 119.071 General exemptions from inspection or copying of 14 public records.— 15 (2) AGENCY INVESTIGATIONS.— 16 (h)1. The following criminal intelligence information or 17 criminal investigative information is confidential and exempt 18 from s. 119.07(1) and s. 24(a), Art. I of the State 19 Constitution: 20 a. Any information that reveals the identity of the victim 21 of the crime of child abuse as defined by chapter 827 or that 22 reveals the identity of a person under the age of 18 who is the 23 victim of the crime of human trafficking proscribed in s. 24 787.06(3)(a). 25 b. Any information that may reveal the identity of a person 26 who is a victim of any sexual offense, including a sexual 27 offense proscribed in s. 787.06(3)(b), (d), (f), or (g), chapter 28 794, chapter 796, chapter 800, chapter 827, or chapter 847. 29 c. A photograph, videotape, or image of any part of the 30 body of the victim of a sexual offense prohibited under s. 31 787.06(3)(b), (d), (f), or (g), chapter 794, chapter 796, 32 chapter 800, s. 810.145, chapter 827, or chapter 847, regardless 33 of whether the photograph, videotape, or image identifies the 34 victim. 35 2. Criminal investigative information and criminal 36 intelligence information made confidential and exempt under this 37 paragraph may be disclosed by a law enforcement agency: 38 a. In the furtherance of its official duties and 39 responsibilities. 40 b. For print, publication, or broadcast if the law 41 enforcement agency determines that such release would assist in 42 locating or identifying a person that such agency believes to be 43 missing or endangered. The information provided should be 44 limited to that needed to identify or locate the victim and not 45 include the sexual nature of the offense committed against the 46 person. 47 c. To another governmental agency in the furtherance of its 48 official duties and responsibilities. 49 3. This exemption applies to such confidential and exempt 50 criminal intelligence information or criminal investigative 51 information held by a law enforcement agency before, on, or 52 after the effective date of the exemption. 534. This paragraph is subject to the Open Government Sunset54Review Act in accordance with s. 119.15, and shall stand55repealed on October 2, 2020, unless reviewed and saved from56repeal through reenactment by the Legislature.57 Section 2. Subsection (11) of section 943.0583, Florida 58 Statutes, is amended to read: 59 943.0583 Human trafficking victim expunction.— 60 (11)(a) The following criminal intelligence information or 61 criminal investigative information is confidential and exempt 62 from s. 119.07(1) and s. 24(a), Art. I of the State 63 Constitution: 64 1. Any information that reveals the identity of a person 65 who is a victim of human trafficking whose criminal history 66 record has been expunged under this section. 67 2. Any information that may reveal the identity of a person 68 who is a victim of human trafficking whose criminal history 69 record has been ordered expunged under this section. 70 (b) Criminal investigative information and criminal 71 intelligence information made confidential and exempt under this 72 subsection may be disclosed by a law enforcement agency: 73 1. In the furtherance of its official duties and 74 responsibilities. 75 2. For print, publication, or broadcast if the law 76 enforcement agency determines that such release would assist in 77 locating or identifying a person that the agency believes to be 78 missing or endangered. The information provided should be 79 limited to that needed to identify or locate the victim. 80 3. To another governmental agency in the furtherance of its 81 official duties and responsibilities. 82 (c) This exemption applies to such confidential and exempt 83 criminal intelligence information or criminal investigative 84 information held by a law enforcement agency before, on, or 85 after the effective date of the exemption. 86(d) This subsection is subject to the Open Government87Sunset Review Act in accordance with s. 119.15 and shall stand88repealed on October 2, 2020, unless reviewed and saved from89repeal through reenactment by the Legislature.90 Section 3. This act shall take effect October 1, 2020.