Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 1788 Ì491246.Î491246 LEGISLATIVE ACTION Senate . House Comm: RS . 04/17/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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This subsection is subject to the 18 Open Government Sunset Review Act in accordance with s. 119.15 19 and shall stand repealed on October 2, 2022, unless reviewed and 20 saved from repeal through reenactment by the Legislature. 21 (2) COUNCIL RECORDS.—At the victim’s request, any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25 This subsection is subject to the Open Government Sunset Review 26 Act in accordance with s. 119.15 and shall stand repealed on 27 October 2, 2022, unless reviewed and saved from repeal through 28 reenactment by the Legislature. 29 Section 2.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.