Bill Text: FL S0542 | 2013 | Regular Session | Comm Sub
Bill Title: Public Records/Victim of Human Trafficking
Spectrum: Bipartisan Bill
Status: (Failed) 2013-05-03 - Died in Judiciary [S0542 Detail]
Download: Florida-2013-S0542-Comm_Sub.html
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 thatwhichmay 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, 20182016, 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.