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 This paragraph is 24 subject to the Open Government Sunset Review Act in accordance 25 with s. 119.15 and shall stand repealed on October 2, 2022, 26 unless reviewed and saved from repeal through reenactment by the 27 Legislature. 28 Section 2.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.