Florida Senate - 2014 SB 1436
By Senator Flores
37-01920-14 20141436__
1 A bill to be entitled
2 An act relating to public records; amending ss.
3 119.0713 and 409.1678, F.S.; providing exemptions from
4 public records requirements for information about the
5 location of safe houses and such other facilities held
6 by units of local government or the Department of
7 Children and Families; providing for future
8 legislative review and repeal of the exemptions;
9 providing a statement of public necessity; providing a
10 contingent effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Subsection (5) is added to section 119.0713,
15 Florida Statutes, to read:
16 119.0713 Local government agency exemptions from inspection
17 or copying of public records.—
18 (5) Information about the location of safe houses and other
19 facilities housing victims of human trafficking, as those
20 victims are defined in s. 787.06, held by a unit of local
21 government including, but not limited to a law enforcement
22 agency, tax collector, clerk of court, or property appraiser, is
23 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
24 of the State Constitution. Such facilities include facilities
25 operated by the Department of Children and Families under s.
26 409.1678. This subsection is subject to the Open Government
27 Sunset Review Act in accordance with s. 119.15 and shall stand
28 repealed on October 2, 2019, unless reviewed and saved from
29 repeal through reenactment by the Legislature.
30 Section 2. Subsection (5) is added to section 409.1678,
31 Florida Statutes, to read:
32 409.1678 Safe harbor for children who are victims of sexual
33 exploitation.—
34 (5) Information held by the department about the location
35 of safe houses and short-term safe houses and facilities is
36 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
37 of the State Constitution. This subsection is subject to the
38 Open Government Sunset Review Act in accordance with s. 119.15
39 and shall stand repealed on October 2, 2019, unless reviewed and
40 saved from repeal through reenactment by the Legislature.
41 Section 3. (1) The Legislature finds that it is a public
42 necessity that information about the location of safe houses and
43 short-term safe houses and facilities held by a unit of local
44 government be made exempt from s. 119.07(1), Florida Statutes,
45 and s. 24(a), Article I of the State Constitution. Safe houses
46 and short-term safe houses are intended as refuges for sexually
47 exploited victims from those who exploited them. If the
48 individuals who victimized these people were able to learn the
49 location of such safe houses, they may attempt to contact their
50 victims, exploit their vulnerabilities, and return them to the
51 situations in which they were victimized. Even without the
52 return of these victims to their former situations, additional
53 contact with those who victimized them would have the effect of
54 continuing their victimization and inhibit their recoveries.
55 Therefore, it is the finding of the Legislature that such
56 identifying information must be made confidential and exempt
57 from public disclosure.
58 (2) The Legislature finds that it is a public necessity
59 that information about the location of safe houses and short
60 term safe houses and facilities held by the Department of
61 Children and Families be made exempt from s. 119.07(1), Florida
62 Statutes, and s. 24(a), Article I of the State Constitution.
63 Safe houses and short-term safe houses are intended as refuges
64 for sexually exploited children from those who exploited them.
65 If the individuals who victimized such children were able to
66 learn the location of such safe houses, they may attempt to
67 contact their victims, exploit their vulnerabilities, and return
68 them to the situations in which they were victimized. Even
69 without the return of these child victims to their former
70 situations, additional contact with those who victimized them
71 would have the effect of continuing their victimization and
72 inhibit their recoveries. Therefore, it is the finding of the
73 Legislature that such identifying information must be made
74 confidential and exempt from public disclosure.
75 Section 4. This act shall take effect on the same date that
76 SB ____ or similar legislation relating to human trafficking
77 takes effect, if such legislation is adopted in the same
78 legislative session or an extension thereof and becomes a law.