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Status: (Introduced - Dead) 2015-02-18 - Withdrawn prior to introduction, companion bill(s) passed, see CS/CS/CS/SB 248 (Ch. 2015-41) [S0852 Detail]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35 repealed on October 2, 2020, unless reviewed and saved from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)
69 119.071(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)
82 119.071(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)
182 119.071(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.
