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19 and shall stand repealed on October 2, 2022, unless reviewed and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26 Act in accordance with s. 119.15 and shall stand repealed on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.