Florida Senate - 2017                                    SB 1788
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-02454B-17                                          20171788__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         787.061, F.S.; providing an exemption from public
    4         records requirements for specified redacted and sealed
    5         information identifying a victim of human trafficking;
    6         providing for future legislative review and repeal of
    7         the exemption; providing a statement of public
    8         necessity; providing a contingent effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (9) is added to section 787.061,
   13  Florida Statutes, as created by SB 972, 2017 Regular Session, to
   14  read:
   15         787.061 Human trafficking; civil action.—
   16         (9) EXEMPTION.—A court file of a victim of human
   17  trafficking sealed under subsection (7) and any information
   18  identifying a victim of human trafficking in an online docket
   19  which is redacted under subsection (7) is confidential and
   20  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   21  Constitution. This subsection is subject to the Open Government
   22  Sunset Review Act in accordance with s. 119.15 and shall stand
   23  repealed on October 2, 2022, unless reviewed and saved from
   24  repeal through reenactment by the Legislature.
   25         Section 2. The Legislature finds that it is a public
   26  necessity that a sealed court file of a victim of human
   27  trafficking and any redacted information identifying a victim of
   28  human trafficking in an online docket in a civil action brought
   29  by a victim of human trafficking under s. 787.061, Florida
   30  Statutes, be made confidential and exempt from s. 119.07(1),
   31  Florida Statutes, and s. 24(a), Article I of the State
   32  Constitution. The identity of these victims and details of their
   33  victimization are information of a sensitive, personal nature.
   34  As such, this exemption serves to minimize the trauma to victims
   35  because the release of such information would compound the
   36  tragedy they have already endured and would be defamatory or
   37  cause unwarranted damage to the good name and reputation of
   38  these victims. For these reasons, the Legislature finds that it
   39  is a public necessity that any information identifying victims
   40  of human trafficking which is redacted or sealed in court files
   41  and online dockets in civil actions by victims of human
   42  trafficking under s. 787.061, Florida Statutes, be made
   43  confidential and exempt from s. 119.07(1), Florida Statutes, and
   44  s. 24(a), Article I of the State Constitution upon request of
   45  the plaintiff in such an action.
   46         Section 3. This act shall take effect on the same date that
   47  SB 972 or similar legislation takes effect, if such legislation
   48  is adopted in the same legislative session or an extension
   49  thereof and becomes a law.