Bill Text: FL S0542 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
Florida Senate - 2013 SB 542 By Senator Braynon 36-00897-13 2013542__ 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. 37 b. Any information thatwhichmay reveal the identity of a 38 person who is a victim of any sexual offense, including a sexual 39 offense proscribed in s. 787.06(3)(g), s. 787.06(3)(h), chapter 40 794, chapter 796, chapter 800, chapter 827, or chapter 847. 41 c. A photograph, videotape, or image of any part of the 42 body of the victim of a sexual offense prohibited under s. 43 787.06(3)(g), s. 787.06(3)(h), chapter 794, chapter 796, chapter 44 800, s. 810.145, chapter 827, or chapter 847, regardless of 45 whether the photograph, videotape, or image identifies the 46 victim. 47 2. Criminal investigative information and criminal 48 intelligence information made confidential and exempt under this 49 paragraph may be disclosed by a law enforcement agency: 50 a. In the furtherance of its official duties and 51 responsibilities. 52 b. For print, publication, or broadcast if the law 53 enforcement agency determines that such release would assist in 54 locating or identifying a person that such agency believes to be 55 missing or endangered. The information provided should be 56 limited to that needed to identify or locate the victim and not 57 include the sexual nature of the offense committed against the 58 person. 59 c. To another governmental agency in the furtherance of its 60 official duties and responsibilities. 61 3. This exemption applies to such confidential and exempt 62 criminal intelligence information or criminal investigative 63 information held by a law enforcement agency before, on, or 64 after the effective date of the exemption. 65 4. This paragraph is subject to the Open Government Sunset 66 Review Act in accordance with s. 119.15, and shall stand 67 repealed on October 2, 20182016, unless reviewed and saved from 68 repeal through reenactment by the Legislature. 69 Section 2. Section 794.024, Florida Statutes, is amended to 70 read: 71 794.024 Unlawful to disclose identifying information.— 72 (1)(a) A public employee or officer who has access to the 73 photograph, name, or address of a person who is alleged to be 74 the victim of an offense described in this chapter, s. 75 787.06(3)(g), s. 787.06(3)(h), chapter 800, s. 827.03, s. 76 827.04, or s. 827.071 may not willfully and knowingly disclose 77 it to a person who is not assisting in the investigation or 78 prosecution of the alleged offense or to any person other than 79 the defendant, the defendant’s attorney, a person specified in 80 an order entered by the court having jurisdiction of the alleged 81 offense, or organizations authorized to receive such information 82 made exempt by s. 119.071(2)(h), or to a rape crisis center or 83 sexual assault counselor, as defined in s. 90.5035(1)(b), who 84 will be offering services to the victim. 85 (b) Paragraph (a) is subject to the Open Government Sunset 86 Review Act in accordance with s. 119.15 and shall stand repealed 87 on October 2, 2018, unless reviewed and saved from repeal 88 through reenactment by the Legislature. 89 (2) A violation of subsection (1) constitutes a misdemeanor 90 of the second degree, punishable as provided in s. 775.082 or s. 91 775.083. 92 Section 3. For the purpose of incorporating the amendment 93 made by this act to section 119.071, Florida Statutes, in a 94 reference thereto, paragraph (a) of subsection (1) of section 95 92.56, Florida Statutes, is reenacted to read: 96 92.56 Judicial proceedings and court records involving 97 sexual offenses.— 98 (1)(a) The confidential and exempt status of criminal 99 intelligence information or criminal investigative information 100 made confidential and exempt pursuant to s. 119.071(2)(h) must 101 be maintained in court records pursuant to s. 119.0714(1)(h) and 102 in court proceedings, including testimony from witnesses. 103 Section 4. The Legislature finds that it is a public 104 necessity that personal identifying information relating to an 105 individual who is an alleged victim of human trafficking be made 106 confidential and exempt from public records requirements. 107 Present Florida law provides that the identities and any 108 photographs of victims of sexual offenses are confidential. 109 However, victims of human trafficking are not included in this 110 protection. The Legislature finds that instituting 111 confidentiality protections sought here for victims of human 112 trafficking would be identical to those confidentiality 113 provisions presently in law protecting the identity of victims 114 of other sexual offenses. These amendments recognize that 115 victims of human trafficking deserve the same protection as 116 victims of sexual abuse. 117 Section 5. This act shall take effect July 1, 2013.