Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1788
       
       
       
       
       
       
                                Ì744366>Î744366                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/17/2017           .                                
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       The Committee on Criminal Justice (Bracy) recommended the
       following:
       
    1         Senate Substitute for Amendment (491246) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 787.065, Florida Statutes, is created to
    7  read:
    8         787.065 Public records exemption for victims of human
    9  trafficking.—
   10         (1)CLOSED HEARINGS.—At the request of the victim, or the
   11  Statewide Council on Human Trafficking on behalf of the victim,
   12  court hearings conducted pursuant to s. 787.063 shall be closed
   13  to the public, and any personal identifying information of the
   14  victim of human trafficking shall be redacted or sealed in the
   15  court file and online docket for such hearings. Such redacted or
   16  sealed information in the court file and online docket is
   17  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   18  of the State Constitution. This subsection is subject to the
   19  Open Government Sunset Review Act in accordance with s. 119.15
   20  and shall stand repealed on October 2, 2022, unless reviewed and
   21  saved from repeal through reenactment by the Legislature.
   22         (2) COUNCIL RECORDS.—At the victim’s request, any personal
   23  identifying information of the victim of human trafficking held
   24  by the council under s. 787.063 is confidential and exempt from
   25  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   26  This subsection is subject to the Open Government Sunset Review
   27  Act in accordance with s. 119.15 and shall stand repealed on
   28  October 2, 2022, unless reviewed and saved from repeal through
   29  reenactment by the Legislature.
   30         Section 2. (1) The Legislature finds that hearings
   31  conducted pursuant to s. 787.063, Florida Statutes, for victims
   32  of human trafficking should be closed to the public at the
   33  request of the victim or the Statewide Council on Human
   34  Trafficking on behalf of the victim. Preventing public access to
   35  such hearings will allow victims of human trafficking to seek
   36  relief in the courts of the state without exposing their
   37  victimization to the public and to protect their identities as
   38  they continue to recover from their time as victims of human
   39  trafficking. For these reasons, the Legislature finds that it is
   40  a public necessity that, upon the request of the victim or the
   41  council on behalf of the victim, hearings conducted pursuant to
   42  s. 787.063, Florida Statutes, be closed to the public.
   43         (2)The Legislature further finds that any personal
   44  identifying information of victims of human trafficking which,
   45  upon request, is redacted or sealed in the court files and
   46  online dockets of actions brought by, or on behalf of, victims
   47  of human trafficking under s. 787.063, Florida Statutes, and any
   48  personal identifying information held by the council should be
   49  made confidential and exempt from s. 119.07(1), Florida
   50  Statutes, and s. 24(a), Article I of the State Constitution. The
   51  identity of these victims and the details of their victimization
   52  are 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  and any personal identifying information held by the council be
   63  made confidential and exempt from s. 119.07(1), Florida
   64  Statutes, and s. 24(a), Article I of the State Constitution.
   65         Section 3. This act shall take effect on the same date that
   66  SB 972 or similar legislation takes effect, if such legislation
   67  is adopted in the same legislative session or an extension
   68  thereof and becomes a law.
   69  
   70  ================= T I T L E  A M E N D M E N T ================
   71  And the title is amended as follows:
   72         Delete everything before the enacting clause
   73  and insert:
   74                        A bill to be entitled                      
   75         An act relating to public records; creating s.
   76         787.065, F.S.; providing for closed hearings in
   77         certain civil actions upon the request of victims, or
   78         the Statewide Council on Human Trafficking on behalf
   79         of the victims, of human trafficking; providing for
   80         redaction and sealing of personal identifying
   81         information of victims of human trafficking upon
   82         request; exempting from public records requirements
   83         the redacted and sealed information; providing for
   84         future review and repeal of the exemption; exempting
   85         from public records requirements the personal
   86         identifying information of victims of human
   87         trafficking held by the council; providing for future
   88         review and repeal of the exemption; providing a
   89         statement of public necessity; providing a contingent
   90         effective date.