Florida Senate - 2017 SB 492
By Senator Young
18-00386A-17 2017492__
1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.071, F.S.; providing an exemption from public
4 records requirements for information related to an
5 allegation of sexual harassment that could lead to the
6 identification of the alleged victim; providing for
7 future legislative review and repeal of the exemption;
8 providing a statement of public necessity;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (m) is added to subsection (2) of
14 section 119.071, Florida Statutes, to read:
15 119.071 General exemptions from inspection or copying of
16 public records.—
17 (2) AGENCY INVESTIGATIONS.—
18 (m) Information related to an allegation of sexual
19 harassment which could lead to the identification of the alleged
20 victim, including, but not limited to, the alleged victim’s
21 name, home address, telephone number, and electronic mail
22 address, is confidential and exempt from s. 119.07(1) and s.
23 24(a), Art. I of the State Constitution. This paragraph is
24 subject to the Open Government Sunset Review Act in accordance
25 with s. 119.15 and shall stand repealed on October 2, 2022,
26 unless reviewed and saved from repeal through reenactment by the
27 Legislature.
28 Section 2. The Legislature finds that it is a public
29 necessity that information related to an allegation of sexual
30 harassment which could lead to the identification of the alleged
31 victim be made confidential and exempt from s. 119.07(1),
32 Florida Statutes, and s. 24(a), Article I of the State
33 Constitution. The disclosure of such information could harm
34 alleged victims by placing them at risk of further harassment
35 and retaliation. Additionally, the potential for disclosure of
36 such information could create a disincentive for alleged victims
37 to report instances of alleged harassment. The Legislature finds
38 that the potential harm that may result from the release of such
39 information outweighs any public benefit that may be derived
40 from the disclosure of such information.
41 Section 3. This act shall take effect upon becoming a law.