Florida Senate - 2014                                    SB 1436
       
       
        
       By Senator Flores
       
       
       
       
       
       37-01920-14                                           20141436__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending ss.
    3         119.0713 and 409.1678, F.S.; providing exemptions from
    4         public records requirements for information about the
    5         location of safe houses and such other facilities held
    6         by units of local government or the Department of
    7         Children and Families; providing for future
    8         legislative review and repeal of the exemptions;
    9         providing a statement of public necessity; providing a
   10         contingent effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (5) is added to section 119.0713,
   15  Florida Statutes, to read:
   16         119.0713 Local government agency exemptions from inspection
   17  or copying of public records.—
   18         (5) Information about the location of safe houses and other
   19  facilities housing victims of human trafficking, as those
   20  victims are defined in s. 787.06, held by a unit of local
   21  government including, but not limited to a law enforcement
   22  agency, tax collector, clerk of court, or property appraiser, is
   23  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   24  of the State Constitution. Such facilities include facilities
   25  operated by the Department of Children and Families under s.
   26  409.1678. This subsection is subject to the Open Government
   27  Sunset Review Act in accordance with s. 119.15 and shall stand
   28  repealed on October 2, 2019, unless reviewed and saved from
   29  repeal through reenactment by the Legislature.
   30         Section 2. Subsection (5) is added to section 409.1678,
   31  Florida Statutes, to read:
   32         409.1678 Safe harbor for children who are victims of sexual
   33  exploitation.—
   34         (5) Information held by the department about the location
   35  of safe houses and short-term safe houses and facilities is
   36  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   37  of the State Constitution. This subsection is subject to the
   38  Open Government Sunset Review Act in accordance with s. 119.15
   39  and shall stand repealed on October 2, 2019, unless reviewed and
   40  saved from repeal through reenactment by the Legislature.
   41         Section 3. (1) The Legislature finds that it is a public
   42  necessity that information about the location of safe houses and
   43  short-term safe houses and facilities held by a unit of local
   44  government be made exempt from s. 119.07(1), Florida Statutes,
   45  and s. 24(a), Article I of the State Constitution. Safe houses
   46  and short-term safe houses are intended as refuges for sexually
   47  exploited victims from those who exploited them. If the
   48  individuals who victimized these people were able to learn the
   49  location of such safe houses, they may attempt to contact their
   50  victims, exploit their vulnerabilities, and return them to the
   51  situations in which they were victimized. Even without the
   52  return of these victims to their former situations, additional
   53  contact with those who victimized them would have the effect of
   54  continuing their victimization and inhibit their recoveries.
   55  Therefore, it is the finding of the Legislature that such
   56  identifying information must be made confidential and exempt
   57  from public disclosure.
   58         (2) The Legislature finds that it is a public necessity
   59  that information about the location of safe houses and short
   60  term safe houses and facilities held by the Department of
   61  Children and Families be made exempt from s. 119.07(1), Florida
   62  Statutes, and s. 24(a), Article I of the State Constitution.
   63  Safe houses and short-term safe houses are intended as refuges
   64  for sexually exploited children from those who exploited them.
   65  If the individuals who victimized such children were able to
   66  learn the location of such safe houses, they may attempt to
   67  contact their victims, exploit their vulnerabilities, and return
   68  them to the situations in which they were victimized. Even
   69  without the return of these child victims to their former
   70  situations, additional contact with those who victimized them
   71  would have the effect of continuing their victimization and
   72  inhibit their recoveries. Therefore, it is the finding of the
   73  Legislature that such identifying information must be made
   74  confidential and exempt from public disclosure.
   75         Section 4. This act shall take effect on the same date that
   76  SB ____ or similar legislation relating to human trafficking
   77  takes effect, if such legislation is adopted in the same
   78  legislative session or an extension thereof and becomes a law.