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 This section is subject to the Open Government 29 Sunset Review Act in accordance with s. 119.15 and shall stand 30 repealed on October 2, 2023, unless reviewed and saved from 31 repeal through reenactment by the Legislature. 32 Section 2.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.