Florida Senate - 2015 CS for SB 1110
By the Committee on Governmental Oversight and Accountability;
and Senator Flores
585-03194-15 20151110c1
1 A bill to be entitled
2 An act relating to public records; amending s.
3 409.1678, F.S.; providing an exemption from public
4 records requirements for information held by an agency
5 about the location of safe houses, safe foster homes,
6 and other residential facilities serving victims of
7 sexual exploitation; providing for future legislative
8 review and repeal of the exemption; amending s.
9 787.06, F.S.; providing an exemption from public
10 records requirements for information held by an agency
11 about the location of residential facilities serving
12 adult victims of human trafficking involving
13 commercial sexual activity; providing for future
14 legislative review and repeal of the exemption;
15 providing a statement of public necessity; providing
16 an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Subsection (6) is added to section 409.1678,
21 Florida Statutes, to read:
22 409.1678 Specialized residential options for children who
23 are victims of sexual exploitation.—
24 (6)(a) LOCATION INFORMATION.—Information about the location
25 of a safe house, safe foster home, or other residential facility
26 serving children who are victims of sexual exploitation, as
27 defined in s. 39.01(69)(g), which is held by an agency, as
28 defined in s. 119.011, is confidential and exempt from s.
29 119.07(1) and s. 24(a), Art. I of the State Constitution.
30 (b) Information about the location of a safe house, safe
31 foster home, or other residential facility serving children who
32 are victims of sexual exploitation, as defined in s.
33 39.01(69)(g), may be provided to an agency, as defined in s.
34 119.011, as necessary to maintain health and safety standards
35 and to address emergency situations in the safe house, safe
36 foster home, or other residential facility.
37 (c) This subsection is subject to the Open Government
38 Sunset Review Act in accordance with s. 119.15 and shall stand
39 repealed on October 2, 2020, unless reviewed and saved from
40 repeal through reenactment by the Legislature.
41 Section 2. Subsection (9) is added to section 787.06,
42 Florida Statutes, to read:
43 787.06 Human trafficking.—
44 (9)(a) Information about the location of a residential
45 facility offering services for adult victims of human
46 trafficking involving commercial sexual activity, which is held
47 by an agency, as defined in s. 119.011, is confidential and
48 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
49 Constitution.
50 (b) Information about the location of a residential
51 facility offering services for adult victims of human
52 trafficking involving commercial sexual activity may be provided
53 to an agency, as defined in s. 119.011, as necessary to maintain
54 health and safety standards and to address emergency situations
55 in the residential facility.
56 (c) This subsection is subject to the Open Government
57 Sunset Review Act in accordance with s. 119.15 and shall stand
58 repealed on October 2, 2020, unless reviewed and saved from
59 repeal through reenactment by the Legislature.
60 Section 3. The Legislature finds that it is a public
61 necessity that information about the location of safe houses,
62 safe foster homes, and other residential facilities serving
63 children who are victims of sexual exploitation, as defined in
64 s. 39.01(69)(g), Florida Statutes, or adult victims of human
65 trafficking involving commercial sexual activity, held by an
66 agency, as defined in s. 119.011, Florida Statutes, be made
67 confidential and exempt from s. 119.07(1), Florida Statutes, and
68 s. 24(a), Article I of the State Constitution. Safe houses, safe
69 foster homes, and other residential facilities serving victims
70 of sexual exploitation, as defined in s. 39.01(69)(g), Florida
71 Statutes, or adult victims of human trafficking involving
72 commercial sexual activity, are intended as refuges for sexually
73 exploited victims from those who exploited them. If the
74 individuals who victimized these people were able to learn the
75 location of such facilities, they may attempt to contact their
76 victims, exploit their vulnerabilities, and return them to the
77 situations in which they were victimized. Even without the
78 return of these victims to their former situations, additional
79 contact with those who victimized them would have the effect of
80 continuing their victimization and inhibiting their recoveries.
81 Additionally, knowledge about the location of safe houses, safe
82 foster homes, and other residential facilities serving victims
83 of sexual exploitation, as defined in s. 39.01(69)(g), Florida
84 Statutes, or adult victims of human trafficking involving
85 commercial sexual activity, could enable other individuals to
86 locate and attempt to victimize the residents. Therefore, it is
87 the finding of the Legislature that such information must be
88 made confidential and exempt from public records requirements.
89 Section 4. This act shall take effect October 1, 2015.