Florida Senate - 2022                   (PROPOSED BILL) SPB 7024
       
       
        
       FOR CONSIDERATION By the Committee on Governmental Oversight and
       Accountability
       
       
       
       
       585-01876A-22                                         20227024pb
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; revising an exemption from public
    4         records requirements for personal identifying
    5         information of the alleged victim in an allegation of
    6         sexual harassment or the victim of sexual harassment
    7         if such information identifies that person as an
    8         alleged victim or as a victim of sexual harassment;
    9         authorizing the alleged victim or the victim to waive
   10         confidentiality in writing; extending the deadline for
   11         legislative review and repeal of the exemption;
   12         providing a statement of public necessity; providing
   13         an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (n) of subsection (2) of section
   18  119.071, Florida Statutes, is amended to read:
   19         119.071 General exemptions from inspection or copying of
   20  public records.—
   21         (2) AGENCY INVESTIGATIONS.—
   22         (n) Personal identifying information of the alleged victim
   23  in an allegation of sexual harassment or the victim of sexual
   24  harassment is confidential and exempt from s. 119.07(1) and s.
   25  24(a), Art. I of the State Constitution if such information
   26  identifies that person as an alleged victim or as a victim of
   27  sexual harassment. Confidentiality may be waived in writing by
   28  the alleged victim or the victim. Such information may be
   29  disclosed to another governmental entity in the furtherance of
   30  its official duties and responsibilities. This paragraph is
   31  subject to the Open Government Sunset Review Act in accordance
   32  with s. 119.15 and shall stand repealed on October 2, 2027
   33  October 2, 2022, unless reviewed and saved from repeal through
   34  reenactment by the Legislature.
   35         Section 2. The Legislature finds that it is a public
   36  necessity that personal identifying information of the alleged
   37  victim in an allegation of sexual harassment or the victim of
   38  sexual harassment be made confidential and exempt from s.
   39  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   40  State Constitution if such information identifies that person as
   41  an alleged victim or as a victim of sexual harassment. The
   42  disclosure of such information could harm alleged victims or
   43  victims of sexual harassment by placing them at risk of further
   44  harassment and retaliation. Additionally, the potential for
   45  disclosure of such information could create a disincentive for
   46  alleged victims to report instances of alleged harassment.
   47  Therefore, the Legislature finds that the potential harm that
   48  may result from the release of such information outweighs any
   49  public benefit that may be derived from the disclosure of such
   50  information.
   51         Section 3. This act shall take effect October 1, 2022.