Florida Senate - 2017                                     SB 492
       
       
        
       By Senator Young
       
       18-00386A-17                                           2017492__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing an exemption from public
    4         records requirements for information related to an
    5         allegation of sexual harassment that could lead to the
    6         identification of the alleged victim; providing for
    7         future legislative review and repeal of the exemption;
    8         providing a statement of public necessity;
    9         providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (m) is added to subsection (2) of
   14  section 119.071, Florida Statutes, to read:
   15         119.071 General exemptions from inspection or copying of
   16  public records.—
   17         (2) AGENCY INVESTIGATIONS.—
   18         (m) Information related to an allegation of sexual
   19  harassment which could lead to the identification of the alleged
   20  victim, including, but not limited to, the alleged victim’s
   21  name, home address, telephone number, and electronic mail
   22  address, is confidential and exempt from s. 119.07(1) and s.
   23  24(a), Art. I of the State Constitution. This paragraph is
   24  subject to the Open Government Sunset Review Act in accordance
   25  with s. 119.15 and shall stand repealed on October 2, 2022,
   26  unless reviewed and saved from repeal through reenactment by the
   27  Legislature.
   28         Section 2. The Legislature finds that it is a public
   29  necessity that information related to an allegation of sexual
   30  harassment which could lead to the identification of the alleged
   31  victim be made confidential and exempt from s. 119.07(1),
   32  Florida Statutes, and s. 24(a), Article I of the State
   33  Constitution. The disclosure of such information could harm
   34  alleged victims by placing them at risk of further harassment
   35  and retaliation. Additionally, the potential for disclosure of
   36  such information could create a disincentive for alleged victims
   37  to report instances of alleged harassment. The Legislature finds
   38  that the potential harm that may result from the release of such
   39  information outweighs any public benefit that may be derived
   40  from the disclosure of such information.
   41         Section 3. This act shall take effect upon becoming a law.