Florida 2022 Regular Session

Florida House Bill H0775 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 775 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to victims of crimes of sexual 2
16	16	violence or sexual exploitation; creating s. 960.31, 3
17	17	F.S.; defining terms; providing that a victim of any 4
18	18	crime of sexual violence or sexual exploitation has 5
19	19	the right to prevent any person or entity from 6
20	20	disclosing or disseminating information or records 7
21	21	that might identify him or her as a victim of such 8
22	22	crimes; prohibiting a person or an entity in 9
23	23	possession of information or records that might 10
24	24	identify an individual as a victim of a crime of 11
25	25	sexual violence or sexual exploitation from disclosing 12
26	26	or disseminating such information or records without 13
27	27	first obtaining the express written consent of the 14
28	28	victim; authorizing an aggrieved person to initiate a 15
29	29	civil action for an injunction against certain persons 16
30	30	or entities after following specified procedures; 17
31	31	providing that an aggrieved party who prevails in 18
32	32	seeking an injunction is entitled to reasonable 19
33	33	attorney fees and costs; providing that specified 20
34	34	rights may be waived only by express action; providing 21
35	35	construction; providing applicability; providing an 22
36	36	effective date. 23
37	37	24
38	38	Be It Enacted by the Legislature of the State of Florida: 25
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40	40	HB 775 2022
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45	45	hb0775-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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52	52	Section 1. Section 960.31, Flori da Statutes, is created to 27
53	53	read: 28
54	54	960.31 Rights of victims of crimes of sexual violence or 29
55	55	sexual exploitation. — 30
56	56	(1) As used in this section, the term: 31
57	57	(a) "Crime of sexual violence or sexual exploitation" 32
58	58	means any sexual offense prohibited by law un der s. 787.06, 33
59	59	chapter 794, chapter 796, chapter 800, or s. 827.071. 34
60	60	(b) "Public proceeding" includes any public proceeding and 35
61	61	is not limited to a criminal justice proceeding. 36
62	62	(c) "School" includes any public or private K -12 school, 37
63	63	college, or university. 38
64	64	(d) "Victim" includes minors and adults, including adult 39
65	65	survivors of a crime of sexual violence or sexual exploitation 40
66	66	suffered as a minor. The term also includes a person who suffers 41
67	67	direct or threatened physical, psychological, or financial harm 42
68	68	as a result of the commission or attempted commission of a crime 43
69	69	of sexual violence or sexual exploitation. The term also 44
70	70	includes the victim's lawful representative, the parent or 45
71	71	guardian of a minor victim, and the next of kin of a homicide 46
72	72	victim, except upon a showing that the interests of such 47
73	73	individual would be in actual or potential conflict with the 48
74	74	interests of the victim. The term does not include the accused. 49
75	75	The terms "crime" and "criminal" include delinquent acts and 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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86	86
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88	88	conduct. 51
89	89	(2)(a) A victim of any crime of sexual violence or sexual 52
90	90	exploitation has the right to prevent any person or entity from 53
91	91	disclosing or disseminating information or records that might 54
92	92	identify him or her as the victim of sexual violence or sexual 55
93	93	exploitation to any mem ber of the public, including in response 56
94	94	to a public records request or in any public proceeding, in 57
95	95	accordance with s. 16, Art. I of the State Constitution. 58
96	96	(b) A person or an entity in possession of information or 59
97	97	records that might identify an individ ual as a victim of a crime 60
98	98	of sexual violence or sexual exploitation may not disclose or 61
99	99	disseminate such information or records without first obtaining 62
100	100	the express written consent of the victim, including in response 63
101	101	to a public records request or in any public proceeding, in 64
102	102	accordance with s. 16, Art. I of the State Constitution. 65
103	103	(3) For purposes of this section, a crime of sexual 66
104	104	violence or sexual exploitation is deemed to have occurred at 67
105	105	the moment the crime is committed, regardless of whether the 68
106	106	accused perpetrator is identified, arrested, prosecuted, or 69
107	107	convicted, and regardless of whether a law enforcement officer 70
108	108	or law enforcement agency confirms by probable cause that a 71
109	109	crime occurred. 72
110	110	(4) This section applies to any crime of sexual violenc e 73
111	111	or sexual exploitation reported by, or on behalf of, a victim. 74
112	112	Such a crime is deemed reported if the victim, or someone acting 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	on the victim's behalf, reports the crime to any of the 76
126	126	following: 77
127	127	(a) A law enforcement officer or law enforcement agency, 78
128	128	including a law enforcement officer or law enforcement agency of 79
129	129	a school. 80
130	130	(b) A licensed medical provider or facility, including by 81
131	131	seeking a sexual assault examination or any other medical care 82
132	132	related to the crime of sexual violence or sexual exploitation. 83
133	133	(c) A mental health provider, including any crime victim 84
134	134	counselor or victim advocate, or any school counseling service. 85
135	135	(d) A school employee in a teaching or administrative 86
136	136	position. 87
137	137	(e) A school employee whose job functions include 88
138	138	oversight of on-campus housing at any school. 89
139	139	(5) A person aggrieved in violation of this section may 90
140	140	initiate a civil action for an injunction against a person or an 91
141	141	entity, excluding a public official, a public employee, or a 92
142	142	public entity, to prevent o r remedy further violation of this 93
143	143	section. 94
144	144	(a) Except as provided in paragraph (d), at least 5 95
145	145	business days before instituting such action, and as a condition 96
146	146	precedent to such an action, the aggrieved person shall serve 97
147	147	notice in writing on the intend ed defendant, specifying that the 98
148	148	identity of the aggrieved person qualifies for protection under 99
149	149	this section based on the criteria under subsection (4), without 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	the need to specify which criteria apply or provide any 101
163	163	documentary proof. 102
164	164	(b) In response to such notice, the recipient of the 103
165	165	notice may avoid the civil action for injunction by certifying 104
166	166	in writing to the aggrieved party all of the following: 105
167	167	1. An intent to thereafter maintain as confidential all 106
168	168	information and records identifying the ag grieved person as the 107
169	169	victim of a crime of sexual violence or sexual exploitation; 108
170	170	2. Confirmation that the recipient of the notice has 109
171	171	withdrawn from public access any such information or records 110
172	172	that were previously exposed; and 111
173	173	3. That the recipient of the notice has informed in 112
174	174	writing any persons or entities to whom the information and 113
175	175	documents were previously disseminated that the victim's rights 114
176	176	under this section apply and that the information and documents 115
177	177	may not be further disseminated. Copi es of any such notices 116
178	178	under this subparagraph must be provided to the aggrieved person 117
179	179	as part of the certification. 118
180	180	(c) If the recipient of the notice timely provides written 119
181	181	certification as provided in paragraph (b), the aggrieved person 120
182	182	may not initiate an injunction proceeding unless at least one of 121
183	183	the following applies: 122
184	184	1. The violation of this section was knowing and malicious 123
185	185	and was committed with the intent to cause harm to the aggrieved 124
186	186	party. 125
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	2. The violation of this section was done wit h reckless 126
200	200	indifference to such harm. 127
201	201	3. The person or entity in violation of this section was 128
202	202	the perpetrator of the crime of sexual violence or sexual 129
203	203	exploitation or was otherwise legally responsible for the crime. 130
204	204	(d) Paragraph (a) does not apply i f the person or entity 131
205	205	in violation of this section commits a new violation of this 132
206	206	section after receiving notice in accordance with paragraph (a) 133
207	207	for a previous violation. 134
208	208	(e) In addition to injunctive relief, an aggrieved party 135
209	209	who prevails in seeking an injunction under this subsection is 136
210	210	entitled to an award of reasonable attorney fees and costs 137
211	211	incurred in enforcing rights under this section. 138
212	212	(6) The remedies provided in this section are cumulative 139
213	213	to other existing remedies. 140
214	214	(7) The rights guar anteed under this section may be waived 141
215	215	only by express action. An action by a victim may not be deemed 142
216	216	an implicit waiver of his or her rights under this act. 143
217	217	(8) This act does not apply in any case in which a law 144
218	218	enforcement agency, after investigation , concludes that the 145
219	219	reported crime was intentionally false. 146
220	220	(9) The granting of the rights enumerated in this section 147
221	221	to a victim may not be construed to deny or impair any other 148
222	222	rights possessed by a victim. 149
223	223	Section 2. This act shall take effect July 1, 2022. 150