Florida Senate - 2018                                     SB 340
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00361-18                                            2018340__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         787.065, F.S.; providing for closed hearings in
    4         certain civil actions upon the request of victims;
    5         providing for redaction and sealing of personal
    6         identifying information of victims of human
    7         trafficking upon request; exempting from public
    8         records requirements the redacted and sealed
    9         information; exempting from public records
   10         requirements the personal identifying information of
   11         victims of human trafficking; providing for future
   12         review and repeal of the exemptions; providing a
   13         statement of public necessity; providing a contingent
   14         effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 787.065, Florida Statutes, is created to
   19  read:
   20         787.065 Public records exemption for victims of human
   21  trafficking.—At the request of the victim, court hearings
   22  conducted pursuant to s. 787.063 must be closed to the public,
   23  and any personal identifying information of the victim of human
   24  trafficking must be redacted or sealed in the court file and
   25  online docket for such hearings. Such redacted or sealed
   26  information in the court file and online docket is confidential
   27  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   28  Constitution. This section is subject to the Open Government
   29  Sunset Review Act in accordance with s. 119.15 and shall stand
   30  repealed on October 2, 2023, unless reviewed and saved from
   31  repeal through reenactment by the Legislature.
   32         Section 2. (1) The Legislature finds that hearings
   33  conducted pursuant to s. 787.063, Florida Statutes, for victims
   34  of human trafficking should be closed to the public at the
   35  request of the victim. Preventing public access to such hearings
   36  will allow victims of human trafficking to seek relief in the
   37  courts of the state without exposing their victimization to the
   38  public and will protect their identities as they continue to
   39  recover from their time as victims of human trafficking. For
   40  these reasons, the Legislature finds that it is a public
   41  necessity that, upon the request of the victim, hearings
   42  conducted pursuant to s. 787.063, Florida Statutes, be closed to
   43  the public.
   44         (2)The Legislature further finds that any personal
   45  identifying information of victims of human trafficking which,
   46  upon request, is redacted from or sealed in the court files and
   47  online dockets of actions brought by victims of human
   48  trafficking under s. 787.063, Florida Statutes, should be made
   49  confidential and exempt from s. 119.07(1), Florida Statutes, and
   50  s. 24(a), Article I of the State Constitution. The identity of
   51  these victims and the details of their victimization are
   52  information of a sensitive, personal nature. As such, this
   53  exemption serves to minimize the trauma to victims because the
   54  release of such information would compound the tragedy already
   55  visited upon their lives and would be defamatory or cause
   56  unwarranted damage to the good name and reputation of the
   57  victims. For these reasons, the Legislature finds that it is a
   58  public necessity that any personal identifying information of
   59  victims of human trafficking which, upon request, is redacted or
   60  sealed in the court files and online dockets of actions by
   61  victims of human trafficking under s. 787.063, Florida Statutes,
   62  be 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 ___ 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.