Bill Text: FL S0852 | 2015 | Regular Session | Introduced
Bill Title: Public Records/Audio or Video Recording Made by a Law Enforcement Officer
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-02-18 - Withdrawn prior to introduction, companion bill(s) passed, see CS/CS/CS/SB 248 (Ch. 2015-41) [S0852 Detail]
Download: Florida-2015-S0852-Introduced.html
Florida Senate - 2015 SB 852 By Senator Diaz de la Portilla 40-00843A-15 2015852__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 119.071, F.S.; providing exemptions from public 4 records requirements for an audio or video recording 5 made by a law enforcement officer taken within the 6 interior of a private residence, an audio or video 7 recording made by a law enforcement officer taken 8 within a building of a hospital or health care 9 provider, an audio or video recording made by a law 10 enforcement officer taken at the scene of a medical 11 emergency, an audio or video recording made by a law 12 enforcement officer showing a minor taken while the 13 minor is inside of a school or on school property, and 14 an audio or video recording made by a law enforcement 15 officer showing a minor younger than a specified age 16 at any location; amending ss. 92.56, 119.011, 17 119.0714, 784.046, 794.024, and 794.03, F.S.; 18 conforming cross-references; providing a statement of 19 public necessity; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Present paragraphs (g) through (k) of subsection 24 (2) of section 119.071, Florida Statutes, are redesignated as 25 paragraphs (k) through (o), respectively, and new paragraphs (g) 26 through (j) are added to that section, to read: 27 119.071 General exemptions from inspection or copying of 28 public records.— 29 (2) AGENCY INVESTIGATIONS.— 30 (g) An audio or video recording made by a law enforcement 31 officer taken within the interior of a private residence is 32 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 33 Constitution. This paragraph is subject to the Open Government 34 Sunset Review Act in accordance with s. 119.15 and shall stand 35 repealed on October 2, 2020, unless reviewed and saved from 36 repeal through reenactment by the Legislature. 37 (h) An audio or video recording made by a law enforcement 38 officer taken within a building of a hospital or health care 39 provider is exempt from s. 119.07(1) and s. 24(a), Art. I of the 40 State Constitution. This paragraph is subject to the Open 41 Government Sunset Review Act in accordance with s. 119.15 and 42 shall stand repealed on October 2, 2020, unless reviewed and 43 saved from repeal through reenactment by the Legislature. 44 (i) An audio or video recording made by a law enforcement 45 officer taken at the scene of a medical emergency is exempt from 46 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 47 This paragraph is subject to the Open Government Sunset Review 48 Act in accordance with s. 119.15 and shall stand repealed on 49 October 2, 2020, unless reviewed and saved from repeal through 50 reenactment by the Legislature. 51 (j) An audio or video recording made by a law enforcement 52 officer showing a minor younger than 18 years of age taken while 53 the minor is inside of a school, as defined in s. 1003.01, or on 54 school property, as defined in s. 810.095, and an audio or video 55 recording made by a law enforcement officer showing a minor 56 younger than 14 years of age taken at any location, are exempt 57 from s. 119.07(1) and s. 24(a), Art. I of the State 58 Constitution. This paragraph is subject to the Open Government 59 Sunset Review Act in accordance with s. 119.15 and shall stand 60 repealed on October 2, 2020, unless reviewed and saved from 61 repeal through reenactment by the Legislature. 62 Section 2. Paragraph (a) of subsection (1) of section 63 92.56, Florida Statutes, is amended to read: 64 92.56 Judicial proceedings and court records involving 65 sexual offenses and human trafficking.— 66 (1)(a) The confidential and exempt status of criminal 67 intelligence information or criminal investigative information 68 made confidential and exempt pursuant to s. 119.071(2)(l) 69119.071(2)(h)must be maintained in court records pursuant to s. 70 119.0714(1)(h) and in court proceedings, including testimony 71 from witnesses. 72 Section 3. Paragraph (c) of subsection (3) of section 73 119.011, Florida Statutes, is amended to read: 74 119.011 Definitions.—As used in this chapter, the term: 75 (3) 76 (c) “Criminal intelligence information” and “criminal 77 investigative information” shall not include: 78 1. The time, date, location, and nature of a reported 79 crime. 80 2. The name, sex, age, and address of a person arrested or 81 of the victim of a crime except as provided in s. 119.071(2)(l) 82119.071(2)(h). 83 3. The time, date, and location of the incident and of the 84 arrest. 85 4. The crime charged. 86 5. Documents given or required by law or agency rule to be 87 given to the person arrested, except as provided in s. 88 119.071(2)(l)119.071(2)(h), and, except that the court in a 89 criminal case may order that certain information required by law 90 or agency rule to be given to the person arrested be maintained 91 in a confidential manner and exempt from the provisions of s. 92 119.07(1) until released at trial if it is found that the 93 release of such information would: 94 a. Be defamatory to the good name of a victim or witness or 95 would jeopardize the safety of such victim or witness; and 96 b. Impair the ability of a state attorney to locate or 97 prosecute a codefendant. 98 6. Informations and indictments except as provided in s. 99 905.26. 100 Section 4. Paragraph (h) of subsection (1) of section 101 119.0714, Florida Statutes, is amended to read: 102 119.0714 Court files; court records; official records.— 103 (1) COURT FILES.—Nothing in this chapter shall be construed 104 to exempt from s. 119.07(1) a public record that was made a part 105 of a court file and that is not specifically closed by order of 106 court, except: 107 (h) Criminal intelligence information or criminal 108 investigative information that is confidential and exempt as 109 provided in s. 119.071(2)(l)119.071(2)(h). 110 Section 5. Paragraph (b) of subsection (4) of section 111 784.046, Florida Statutes, is amended to read: 112 784.046 Action by victim of repeat violence, sexual 113 violence, or dating violence for protective injunction; dating 114 violence investigations, notice to victims, and reporting; 115 pretrial release violations; public records exemption.— 116 (4) 117 (b) The sworn petition must be in substantially the 118 following form: 119 PETITION FOR INJUNCTION FOR PROTECTION 120 AGAINST REPEAT VIOLENCE, SEXUAL 121 VIOLENCE, OR DATING VIOLENCE 122 Before me, the undersigned authority, personally appeared 123 Petitioner ...(Name)..., who has been sworn and says that the 124 following statements are true: 125 1. Petitioner resides at ...(address)... (A petitioner for 126 an injunction for protection against sexual violence may furnish 127 an address to the court in a separate confidential filing if, 128 for safety reasons, the petitioner requires the location of his 129 or her current residence to be confidential pursuant to s. 130 119.071(2)(n)119.071(2)(j), Florida Statutes.) 131 2. Respondent resides at ...(address).... 132 3.a. Petitioner has suffered repeat violence as 133 demonstrated by the fact that the respondent has: 134 ...(enumerate incidents of violence)... 135 ................................ 136 ................................ 137 ................................ 138 b. Petitioner has suffered sexual violence as demonstrated 139 by the fact that the respondent has: ...(enumerate incident of 140 violence and include incident report number from law enforcement 141 agency or attach notice of inmate release.)... 142 ................................ 143 ................................ 144 ................................ 145 c. Petitioner is a victim of dating violence and has 146 reasonable cause to believe that he or she is in imminent danger 147 of becoming the victim of another act of dating violence or has 148 reasonable cause to believe that he or she is in imminent danger 149 of becoming a victim of dating violence, as demonstrated by the 150 fact that the respondent has: ...(list the specific incident or 151 incidents of violence and describe the length of time of the 152 relationship, whether it has been in existence during the last 6 153 months, the nature of the relationship of a romantic or intimate 154 nature, the frequency and type of interaction, and any other 155 facts that characterize the relationship.)... 156 ................................ 157 ................................ 158 ................................ 159 4. Petitioner genuinely fears repeat violence by the 160 respondent. 161 5. Petitioner seeks: an immediate injunction against the 162 respondent, enjoining him or her from committing any further 163 acts of violence; an injunction enjoining the respondent from 164 committing any further acts of violence; and an injunction 165 providing any terms the court deems necessary for the protection 166 of the petitioner and the petitioner’s immediate family, 167 including any injunctions or directives to law enforcement 168 agencies. 169 Section 6. Subsection (1) of section 794.024, Florida 170 Statutes, is amended to read: 171 794.024 Unlawful to disclose identifying information.— 172 (1) A public employee or officer who has access to the 173 photograph, name, or address of a person who is alleged to be 174 the victim of an offense described in this chapter, chapter 800, 175 s. 827.03, s. 827.04, or s. 827.071 may not willfully and 176 knowingly disclose it to a person who is not assisting in the 177 investigation or prosecution of the alleged offense or to any 178 person other than the defendant, the defendant’s attorney, a 179 person specified in an order entered by the court having 180 jurisdiction of the alleged offense, or organizations authorized 181 to receive such information made exempt by s. 119.071(2)(l) 182119.071(2)(h), or to a rape crisis center or sexual assault 183 counselor, as defined in s. 90.5035(1)(b), who will be offering 184 services to the victim. 185 Section 7. Section 794.03, Florida Statutes, is amended to 186 read: 187 794.03 Unlawful to publish or broadcast information 188 identifying sexual offense victim.—No person shall print, 189 publish, or broadcast, or cause or allow to be printed, 190 published, or broadcast, in any instrument of mass communication 191 the name, address, or other identifying fact or information of 192 the victim of any sexual offense within this chapter, except as 193 provided in s. 119.071(2)(l)119.071(2)(h)or unless the court 194 determines that such information is no longer confidential and 195 exempt pursuant to s. 92.56. An offense under this section shall 196 constitute a misdemeanor of the second degree, punishable as 197 provided in s. 775.082 or s. 775.083. 198 Section 8. The Legislature finds that an audio or video 199 recording made by a law enforcement officer taken within the 200 interior of a private residence, an audio or video recording 201 made by a law enforcement officer taken within a building of a 202 hospital or health care provider, an audio or video recording 203 made by a law enforcement officer taken at the scene of a 204 medical emergency, an audio or video recording made by a law 205 enforcement officer showing a minor younger than 18 years of age 206 taken while the minor is inside of a school, as defined in s. 207 1003.01, Florida Statutes, or on school property, as defined in 208 s. 810.095, Florida Statutes, and an audio or video recording 209 made by a law enforcement officer showing a minor younger than 210 14 years of age taken at any location, should be included within 211 the information relating to agency investigations that are 212 exempt from the public records requirements of s. 119.07(1), 213 Florida Statutes, and s. 24(a), Article I of the State 214 Constitution. The Legislature also finds that it is a public 215 necessity to exempt such information from public records 216 requirements to protect the privacy of individuals who are 217 inside their homes, who are within a building of a hospital or 218 health care provider, who are involved in a medical emergency, 219 who are minors younger than 18 years of age inside of a school 220 or on school property, or who are minors younger than 14 years 221 of age at any location, because the failure to protect an 222 individual’s privacy may have an undesirable, chilling effect on 223 the willingness of the individual to cooperate with law 224 enforcement or to make calls for the services of law enforcement 225 officers. Protecting an individual’s privacy and preventing any 226 potential chilling effects outweigh any public benefit that may 227 be derived from the disclosure of such information. 228 Section 9. This act shall take effect July 1, 2015.