Florida Senate - 2017                       CS for CS for SB 492
       
       
        
       By the Committees on Governmental Oversight and Accountability;
       and Children, Families, and Elder Affairs; and Senator Young
       
       
       
       
       585-03361-17                                           2017492c2
    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 personal identifying
    5         information of the alleged victim in an allegation of
    6         sexual harassment; authorizing the disclosure of such
    7         information under certain circumstances; providing for
    8         future legislative review and repeal of the exemption;
    9         providing a statement of public necessity; providing
   10         an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (m) is added to subsection (2) of
   15  section 119.071, Florida Statutes, to read:
   16         119.071 General exemptions from inspection or copying of
   17  public records.—
   18         (2) AGENCY INVESTIGATIONS.—
   19         (m) Personal identifying information of the alleged victim
   20  in an allegation of sexual harassment is confidential and exempt
   21  from s. 119.07(1) and s. 24(a), Art. I of the State
   22  Constitution. Such information may be disclosed to another
   23  governmental entity in the furtherance of its official duties
   24  and responsibilities. This paragraph is subject to the Open
   25  Government Sunset Review Act in accordance with s. 119.15 and
   26  shall stand repealed on October 2, 2022, unless reviewed and
   27  saved from repeal through reenactment by the Legislature.
   28         Section 2. The Legislature finds that it is a public
   29  necessity that personal identifying information of the alleged
   30  victim in an allegation of sexual harassment be made
   31  confidential and exempt from s. 119.07(1), Florida Statutes, and
   32  s. 24(a), Article I of the State Constitution. The disclosure of
   33  such information could harm alleged victims by placing them at
   34  risk of further harassment and retaliation. Additionally, the
   35  potential for disclosure of such information could create a
   36  disincentive for victims to report instances of harassment. The
   37  Legislature finds that the potential harm that may result from
   38  the release of such information outweighs any public benefit
   39  that may be derived from the disclosure of such information.
   40         Section 3. This act shall take effect upon becoming a law.