Florida Senate - 2018 SB 340
By Senator Bracy
11-00361-18 2018340__
1 A bill to be entitled
2 An act relating to public records; creating s.
3 787.065, F.S.; providing for closed hearings in
4 certain civil actions upon the request of victims;
5 providing for redaction and sealing of personal
6 identifying information of victims of human
7 trafficking upon request; exempting from public
8 records requirements the redacted and sealed
9 information; exempting from public records
10 requirements the personal identifying information of
11 victims of human trafficking; providing for future
12 review and repeal of the exemptions; providing a
13 statement of public necessity; providing a contingent
14 effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Section 787.065, Florida Statutes, is created to
19 read:
20 787.065 Public records exemption for victims of human
21 trafficking.—At the request of the victim, court hearings
22 conducted pursuant to s. 787.063 must be closed to the public,
23 and any personal identifying information of the victim of human
24 trafficking must be redacted or sealed in the court file and
25 online docket for such hearings. Such redacted or sealed
26 information in the court file and online docket is confidential
27 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
28 Constitution. This section is subject to the Open Government
29 Sunset Review Act in accordance with s. 119.15 and shall stand
30 repealed on October 2, 2023, unless reviewed and saved from
31 repeal through reenactment by the Legislature.
32 Section 2. (1) The Legislature finds that hearings
33 conducted pursuant to s. 787.063, Florida Statutes, for victims
34 of human trafficking should be closed to the public at the
35 request of the victim. Preventing public access to such hearings
36 will allow victims of human trafficking to seek relief in the
37 courts of the state without exposing their victimization to the
38 public and will protect their identities as they continue to
39 recover from their time as victims of human trafficking. For
40 these reasons, the Legislature finds that it is a public
41 necessity that, upon the request of the victim, hearings
42 conducted pursuant to s. 787.063, Florida Statutes, be closed to
43 the public.
44 (2) The Legislature further finds that any personal
45 identifying information of victims of human trafficking which,
46 upon request, is redacted from or sealed in the court files and
47 online dockets of actions brought by victims of human
48 trafficking under s. 787.063, Florida Statutes, should be made
49 confidential and exempt from s. 119.07(1), Florida Statutes, and
50 s. 24(a), Article I of the State Constitution. The identity of
51 these victims and the details of their victimization are
52 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 be made confidential and exempt from s. 119.07(1), Florida
63 Statutes, and s. 24(a), Article I of the State Constitution.
64 Section 3. This act shall take effect on the same date that
65 SB ___ or similar legislation takes effect, if such legislation
66 is adopted in the same legislative session or an extension
67 thereof and becomes a law.