Florida 2022 Regular Session

Florida House Bill H7031 Compare Versions

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

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3	3	HB 7031 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 a review under the Open Government 2
16	16	Sunset Review Act; amending s. 119.071, F.S.; revising 3
17	17	an exemption from public records requirements for 4
18	18	personal identifying information of the alleged victim 5
19	19	in an allegation of sexual harassment or the victim of 6
20	20	sexual harassment if such information identifies that 7
21	21	person as an alleged victim or as a victim of sexual 8
22	22	harassment; authorizing the alleged vic tim or the 9
23	23	victim to waive confidentiality in writing; extending 10
24	24	the date for legislative review and repeal of the 11
25	25	exemption; providing a statement of public necessity; 12
26	26	providing an effective date. 13
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28	28	Be It Enacted by the Legislature of the State of Flor ida: 15
29	29	16
30	30	Section 1. Paragraph (n) of subsection (2) of section 17
31	31	119.071, Florida Statutes, is amended to read: 18
32	32	119.071 General exemptions from inspection or copying of 19
33	33	public records.— 20
34	34	(2) AGENCY INVESTIGATIONS. — 21
35	35	(n) Personal identifying information of the alleged victim 22
36	36	in an allegation of sexual harassment or the victim of sexual 23
37	37	harassment is confidential and exempt from s. 119.07(1) and s. 24
38	38	24(a), Art. I of the State Constitution if such information 25
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40	40	HB 7031 2022
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44	44	CODING: Words stricken are deletions; words underlined are additions.
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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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51	51	identifies that person as an alleged victim or as a victim of 26
52	52	sexual harassment. Confidentiality may be waived in writing by 27
53	53	the alleged victim or the victim . Such information may be 28
54	54	disclosed to another governmental entity in the furtherance of 29
55	55	its official duties and responsibilities. This paragraph is 30
56	56	subject to the Open Government Sunset Review Act in accordance 31
57	57	with s. 119.15 and shall stand repealed on October 2, 2027 32
58	58	October 2, 2022, unless reviewed and saved from repeal through 33
59	59	reenactment by the Legislature. 34
60	60	Section 2. The Legislature finds t hat it is a public 35
61	61	necessity that personal identifying information of the alleged 36
62	62	victim in an allegation of sexual harassment or the victim of 37
63	63	sexual harassment be made confidential and exempt from s. 38
64	64	119.07(1), Florida Statutes, and s. 24(a), Article I o f the 39
65	65	State Constitution if such information identifies that person as 40
66	66	an alleged victim or as a victim of sexual harassment. The 41
67	67	disclosure of such information could harm alleged victims or 42
68	68	victims of sexual harassment by placing them at risk of further 43
69	69	harassment and retaliation. Additionally, the potential for 44
70	70	disclosure of such information could create a disincentive for 45
71	71	alleged victims to report instances of alleged harassment. 46
72	72	Therefore, the Legislature finds that the potential harm that 47
73	73	may result from the release of such information outweighs any 48
74	74	public benefit that may be derived from the disclosure of such 49
75	75	information. 50
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77	77	HB 7031 2022
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb7031-00
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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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88	88	Section 3. This act shall take effect October 1, 2022. 51