Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1788
       
       
       
       
       
       
                                Ì491246.Î491246                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  04/17/2017           .                                
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       The Committee on Criminal Justice (Bracy) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 787.066, Florida Statutes, is created to
    6  read:
    7         787.066 Public records exemption for victims of human
    8  trafficking.—
    9         (1)CLOSED HEARINGS.—At the request of the victim, or the
   10  Statewide Council on Human Trafficking on behalf of the victim,
   11  court hearings conducted pursuant to s. 787.063 shall be closed
   12  to the public, and any personal identifying information of the
   13  victim of human trafficking shall be redacted or sealed in the
   14  court file and online docket for such hearings. Such redacted or
   15  sealed information in the court file and online docket is
   16  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   17  of the State Constitution. This subsection is subject to the
   18  Open Government Sunset Review Act in accordance with s. 119.15
   19  and shall stand repealed on October 2, 2022, unless reviewed and
   20  saved from repeal through reenactment by the Legislature.
   21         (2) COUNCIL RECORDS.—At the victim’s request, any personal
   22  identifying information of the victim of human trafficking held
   23  by the council under s. 787.064 is confidential and exempt from
   24  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   25  This subsection is subject to the Open Government Sunset Review
   26  Act in accordance with s. 119.15 and shall stand repealed on
   27  October 2, 2022, unless reviewed and saved from repeal through
   28  reenactment by the Legislature.
   29         Section 2. (1) The Legislature finds that hearings
   30  conducted pursuant to s. 787.063, Florida Statutes, for victims
   31  of human trafficking should be closed to the public at the
   32  request of the victim or the Statewide Council on Human
   33  Trafficking on behalf of the victim. Preventing public access to
   34  such hearings will allow victims of human trafficking to seek
   35  relief in the courts of the state without exposing their
   36  victimization to the public and to protect their identities as
   37  they continue to recover from their time as victims of human
   38  trafficking. For these reasons, the Legislature finds that it is
   39  a public necessity that, upon the request of the victim or the
   40  council on behalf of the victim, hearings conducted pursuant to
   41  s. 787.063, Florida Statutes, be closed to the public.
   42         (2)The Legislature further finds that any personal
   43  identifying information of victims of human trafficking which,
   44  upon request, is redacted or sealed in the court files and
   45  online dockets of actions brought by, or on behalf of, victims
   46  of human trafficking under s. 787.063, Florida Statutes, and any
   47  personal identifying information held by the council should be
   48  made confidential and exempt from s. 119.07(1), Florida
   49  Statutes, and s. 24(a), Article I of the State Constitution. The
   50  identity of these victims and the details of their victimization
   51  are information of a sensitive, personal nature. As such, this
   52  exemption serves to minimize the trauma to victims because the
   53  release of such information would compound the tragedy already
   54  visited upon their lives and would be defamatory, or cause
   55  unwarranted damage, to the good name and reputation of the
   56  victims. For these reasons, the Legislature finds that it is a
   57  public necessity that any personal identifying information of
   58  victims of human trafficking which, upon request, is redacted or
   59  sealed in the court files and online dockets of actions by
   60  victims of human trafficking under s. 787.063, Florida Statutes,
   61  and any personal identifying information held by the council be
   62  made confidential and exempt from s. 119.07(1), Florida
   63  Statutes, and s. 24(a), Article I of the State Constitution.
   64         Section 3. This act shall take effect on the same date that
   65  SB 972 or similar legislation takes effect, if such legislation
   66  is adopted in the same legislative session or an extension
   67  thereof and becomes a law.
   68  
   69  ================= T I T L E  A M E N D M E N T ================
   70  And the title is amended as follows:
   71         Delete everything before the enacting clause
   72  and insert:
   73                        A bill to be entitled                      
   74         An act relating to public records; creating s.
   75         787.066, F.S.; providing for closed hearings in
   76         certain civil actions upon the request of victims, or
   77         the Statewide Council on Human Trafficking on behalf
   78         of the victims, of human trafficking; providing for
   79         redaction and sealing of personal identifying
   80         information of victims of human trafficking upon
   81         request; exempting from public records requirements
   82         the redacted and sealed information; providing for
   83         future review and repeal of the exemption; exempting
   84         from public records requirements the personal
   85         identifying information of victims of human
   86         trafficking held by the council; providing for future
   87         review and repeal of the exemption; providing a
   88         statement of public necessity; providing a contingent
   89         effective date.