Senate Bill 7036 (2020) — A review under the Open Government Sunset Review Act
SB 7036
Florida Bills
Florida Senate - 2020 SB 7036 By the Committee on Criminal Justice 591-02257-20 20207036__ Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to a review under the Open Government 2 Sunset Review Act; amending ss. 119.071 and 943.0583, 3 F.S.; abrogating the scheduled repeals of provisions 4 relating to specified criminal intelligence 5 information or criminal investigative information; 6 providing an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10
Section 1. Paragraph (
h) of subsection (2) of
section 11 119.071, Florida Statutes, is amended to read: 12 119.071 General exemptions from inspection or copying of 13 public records.— 14
(2) AGENCY INVESTIGATIONS.— 15 (h)1. The following criminal intelligence information or 16 criminal investigative information is confidential and exempt 17 from s. 119.07(1) and s. 24(a), Art. I of the State 18 Constitution: 19 a. Any information that reveals the identity of the victim 20 of the crime of child abuse as defined by
chapter 827 or that 21 reveals the identity of a person under the age of 18 who is the 22 victim of the crime of human trafficking proscribed in s. 23 787.06(3)(a). 24 b. Any information that may reveal the identity of a person 25 who is a victim of any sexual offense, including a sexual 26 offense proscribed in s. 787.06(3)(b), (d), (f), or (g),
chapter 27 794,
chapter 796,
chapter 800,
chapter 827, or
chapter 847. 28 c. A photograph, videotape, or image of any part of the 29 Florida Senate - 2020 SB 7036 591-02257-20 20207036__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. body of the victim of a sexual offense prohibited under s. 30 787.06(3)(b), (d), (f), or (g),
chapter 794,
chapter 796, 31
chapter 800, s. 810.145,
chapter 827, or
chapter 847, regardless 32 of whether the photograph, videotape, or image identifies the 33 victim. 34 2. Criminal investigative information and criminal 35 intelligence information made confidential and exempt under this 36 paragraph may be disclosed by a law enforcement agency: 37 a. In the furtherance of its official duties and 38 responsibilities. 39 b. For print, publication, or broadcast if the law 40 enforcement agency determines that such release would assist in 41 locating or identifying a person that such agency believes to be 42 missing or endangered.
The information provided should be 43 limited to that needed to identify or locate the victim and not 44 include the sexual nature of the offense committed against the 45 person. 46 c. To another governmental agency in the furtherance of its 47 official duties and responsibilities. 48 3. This exemption applies to such confidential and exempt 49 criminal intelligence information or criminal investigative 50 information held by a law enforcement agency before, on, or 51 after the effective date of the exemption. 52 4.
This paragraph is subject to the Open Government Sunset 53 Review Act in accordance with s. 119.15, and shall stand 54 repealed on October 2, 2020, unless reviewed and saved from 55 repeal through reenactment by the Legislature. 56
Section 2. Subsection (11) of
section 943.0583, Florida 57 Statutes, is amended to read: 58 Florida Senate - 2020 SB 7036 591-02257-20 20207036__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. 943.0583 Human trafficking victim expunction.— 59 (11)(
a) The following criminal intelligence information or 60 criminal investigative information is confidential and exempt 61 from s. 119.07(1) and s. 24(a), Art. I of the State 62 Constitution: 63 1. Any information that reveals the identity of a person 64 who is a victim of human trafficking whose criminal history 65 record has been expunged under this section. 66 2. Any information that may reveal the identity of a person 67 who is a victim of human trafficking whose criminal history 68 record has been ordered expunged under this section. 69 (
b) Criminal investigative information and criminal 70 intelligence information made confidential and exempt under this 71 subsection may be disclosed by a law enforcement agency: 72 1. In the furtherance of its official duties and 73 responsibilities. 74 2. For print, publication, or broadcast if the law 75 enforcement agency determines that such release would assist in 76 locating or identifying a person that the agency believes to be 77 missing or endangered. The information provided should be 78 limited to that needed to identify or locate the victim. 79 3. To another governmental agency in the furtherance of its 80 official duties and responsibilities. 81 (
c) This exemption applies to such confidential and exempt 82 criminal intelligence information or criminal investigative 83 information held by a law enforcement agency before, on, or 84 after the effective date of the exemption. 85 (
d) This subsection is subject to the Open Government 86 Sunset Review Act in accordance with s. 119.15 and shall stand 87 Florida Senate - 2020 SB 7036 591-02257-20 20207036__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions. repealed on October 2, 2020, unless reviewed and saved from 88 repeal through reenactment by the Legislature. 89