Florida 2022 2022 Regular Session

Florida House Bill H7031 Introduced / Bill

Filed 01/26/2022

                       
 
HB 7031  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb7031-00 
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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 
 
 
 
A bill to be entitled 1 
An act relating to a review under the Open Government 2 
Sunset Review Act; amending s. 119.071, F.S.; revising 3 
an exemption from public records requirements for 4 
personal identifying information of the alleged victim 5 
in an allegation of sexual harassment or the victim of 6 
sexual harassment if such information identifies that 7 
person as an alleged victim or as a victim of sexual 8 
harassment; authorizing the alleged vic tim or the 9 
victim to waive confidentiality in writing; extending 10 
the date for legislative review and repeal of the 11 
exemption; providing a statement of public necessity; 12 
providing an effective date. 13 
 14 
Be It Enacted by the Legislature of the State of Flor ida: 15 
 16 
 Section 1.  Paragraph (n) of subsection (2) of section 17 
119.071, Florida Statutes, is amended to read: 18 
 119.071  General exemptions from inspection or copying of 19 
public records.— 20 
 (2)  AGENCY INVESTIGATIONS. — 21 
 (n)  Personal identifying information of the alleged victim 22 
in an allegation of sexual harassment or the victim of sexual 23 
harassment is confidential and exempt from s. 119.07(1) and s. 24 
24(a), Art. I of the State Constitution if such information 25     
 
HB 7031  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb7031-00 
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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 
 
 
 
identifies that person as an alleged victim or as a victim of 26 
sexual harassment. Confidentiality may be waived in writing by 27 
the alleged victim or the victim . Such information may be 28 
disclosed to another governmental entity in the furtherance of 29 
its official duties and responsibilities. This paragraph is 30 
subject to the Open Government Sunset Review Act in accordance 31 
with s. 119.15 and shall stand repealed on October 2, 2027 32 
October 2, 2022, unless reviewed and saved from repeal through 33 
reenactment by the Legislature. 34 
 Section 2.  The Legislature finds t hat it is a public 35 
necessity that personal identifying information of the alleged 36 
victim in an allegation of sexual harassment or the victim of 37 
sexual harassment be made confidential and exempt from s. 38 
119.07(1), Florida Statutes, and s. 24(a), Article I o f the 39 
State Constitution if such information identifies that person as 40 
an alleged victim or as a victim of sexual harassment. The 41 
disclosure of such information could harm alleged victims or 42 
victims of sexual harassment by placing them at risk of further 43 
harassment and retaliation. Additionally, the potential for 44 
disclosure of such information could create a disincentive for 45 
alleged victims to report instances of alleged harassment. 46 
Therefore, the Legislature finds that the potential harm that 47 
may result from the release of such information outweighs any 48 
public benefit that may be derived from the disclosure of such 49 
information. 50     
 
HB 7031  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb7031-00 
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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 
 
 
 
 Section 3.  This act shall take effect October 1, 2022. 51