Florida Senate - 2017                              CS for SB 492
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Young
       
       
       
       
       586-02679-17                                           2017492c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing an exemption from public
    4         records requirements for personal identifying
    5         information of the alleged victim in an allegation of
    6         sexual harassment; providing for future legislative
    7         review and repeal of the exemption; providing a
    8         statement of public necessity; providing an effective
    9         date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (m) is added to subsection (2) of
   14  section 119.071, Florida Statutes, to read:
   15         119.071 General exemptions from inspection or copying of
   16  public records.—
   17         (2) AGENCY INVESTIGATIONS.—
   18         (m) Personal identifying information of the alleged victim
   19  in an allegation of sexual harassment is confidential and exempt
   20  from s. 119.07(1) and s. 24(a), Art. I of the State
   21  Constitution. This paragraph is subject to the Open Government
   22  Sunset Review Act in accordance with s. 119.15 and shall stand
   23  repealed on October 2, 2022, unless reviewed and saved from
   24  repeal through reenactment by the Legislature.
   25         Section 2. The Legislature finds that it is a public
   26  necessity that personal identifying information of the alleged
   27  victim in an allegation of sexual harassment be made
   28  confidential and exempt from s. 119.07(1), Florida Statutes, and
   29  s. 24(a), Article I of the State Constitution. The disclosure of
   30  such information could harm alleged victims by placing them at
   31  risk of further harassment and retaliation. Additionally, the
   32  potential for disclosure of such information could create a
   33  disincentive for victims to report instances of harassment. The
   34  Legislature finds that the potential harm that may result from
   35  the release of such information outweighs any public benefit
   36  that may be derived from the disclosure of such information.
   37         Section 3. This act shall take effect upon becoming a law.