HB 873 2023
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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 victims of sexual violence or 2
sexual exploitation; creating s. 960.31, F.S.; 3
providing definitions; providing that a victim of 4
sexual violence or sexual exploitation has the right 5
to prevent any person or entity from disclosing or 6
disseminating information or records that might 7
identify him or her as a victim; prohibiting a person 8
or an entity in possession of information or recor ds 9
that might identify an individual as a victim of 10
sexual violence or sexual exploitation from disclosing 11
or disseminating such information or records without 12
first obtaining the express written consent of the 13
victim; authorizing an aggrieved person to in itiate a 14
civil action for an injunction against certain persons 15
or entities; providing procedures for initiating such 16
civil action; providing that an aggrieved party who 17
prevails in seeking an injunction is entitled to 18
reasonable attorney fees and costs; p roviding that 19
specified rights may be waived only by express action; 20
providing applicability; providing construction; 21
providing an effective date. 22
23
Be It Enacted by the Legislature of the State of Florida: 24
25
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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 1. Section 960.31, Florida Statut es, is created to 26
read: 27
960.31 Rights of victims of sexual violence or sexual 28
exploitation.— 29
(1) As used in this section, the term: 30
(a) "Public proceeding" includes any public proceeding and 31
is not limited to a criminal justice proceeding. 32
(b) "School" includes any public or private K -12 school, 33
Florida College System institution, or state university. 34
(c) "Sexual violence or sexual exploitation" means any 35
conduct that would constitute a sexual offense prohibited under 36
s. 787.06, chapter 794, chapt er 796, chapter 800, or s. 827.071, 37
and for which there has been official verification that an 38
applicable crime has occurred as described in s. 119.071(2)(j)1. 39
(d) "Victim" includes minors and adults, including adult 40
survivors of sexual violence or sexua l exploitation suffered as 41
a minor. The term also includes a person who suffers direct or 42
threatened physical, psychological, or financial harm as a 43
result of the commission or attempted commission of an act that 44
would constitute sexual violence or sexual exploitation, 45
including delinquent acts and conduct. The term also includes 46
the victim's lawful representative, the parent or guardian of a 47
minor victim, and the next of kin of a homicide victim, except 48
upon a showing that the interests of such individual would be in 49
actual or potential conflict with the interests of the victim. 50
HB 873 2023
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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
The term does not include the accused. 51
(2)(a) A victim of sexual violence or sexual exploitation 52
has the right to prevent any person or entity from disclosing or 53
disseminating information or records that are exempt from 54
disclosure under chapter 119 and which might identify him or her 55
as the victim of sexual violence or sexual exploitation to any 56
member of the public, including in response to a public records 57
request or in any publi c proceeding, in accordance with s. 16, 58
Art. I of the State Constitution. 59
(b) A person or an entity in possession of information or 60
records that are exempt from disclosure under chapter 119 and 61
that might identify an individual as a victim of sexual viol ence 62
or sexual exploitation may not disclose or disseminate such 63
information or records without first obtaining the express 64
written consent of the victim, including in response to a public 65
records request or in any public proceeding, in accordance with 66
s. 16, Art. I of the State Constitution. 67
(3) For purposes of this section, conduct that would 68
constitute sexual violence or sexual exploitation is deemed to 69
have occurred at the moment an act that would constitute sexual 70
violence or sexual exploitation is c ommitted, regardless of 71
whether the accused perpetrator is identified, arrested, 72
prosecuted, or convicted, and regardless of whether a law 73
enforcement officer or law enforcement agency confirms by 74
probable cause that a crime occurred. 75
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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
(4) This section ap plies to any act that would constitute 76
sexual violence or sexual exploitation reported by, or on behalf 77
of, a victim. Such an act is deemed reported if the victim, or 78
someone acting on the victim's behalf, reports the act to any of 79
the following: 80
(a) A law enforcement officer or law enforcement agency, 81
including a law enforcement officer or a law enforcement agency 82
of a school. 83
(b) A licensed medical provider or facility, including by 84
seeking a sexual assault examination or any other medical care 85
related to any act that would constitute sexual violence or 86
sexual exploitation. 87
(c) A mental health provider, including any victim 88
counselor or victim advocate, or any school counseling service. 89
(d) A school employee in a teaching or administrative 90
position. 91
(e) A school employee whose job functions include 92
oversight of on-campus housing at any school. 93
(5) A person aggrieved by a violation of this section may 94
initiate a civil action for an injunction against a person or an 95
entity, excluding a publi c official, a public employee, or a 96
public entity, to prevent or remedy further violation of this 97
section. 98
(a) Except as provided in paragraph (d), at least 5 99
business days before instituting such action, and as a condition 100
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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
precedent to such an action, t he aggrieved person shall serve 101
notice in writing on the intended respondent, specifying that 102
the identity of the aggrieved person qualifies for protection 103
under this section based on the criteria specified under 104
subsection (4), without the need to specify which criteria apply 105
or provide any documentary proof. The Florida Rules of Evidence 106
shall govern the authentication and admissibility of proof of 107
such written notice. 108
(b) In response to such a notice, the recipient of the 109
notice may avoid the civil act ion for injunction by certifying 110
to the aggrieved party by means of a sworn written statement all 111
of the following: 112
1. An intent to maintain as confidential all information 113
and records, including original source information and records, 114
identifying the aggrieved person as the victim of any act that 115
would constitute sexual violence or sexual exploitation. 116
2. Confirmation that the recipient of the notice has taken 117
all necessary affirmative action to withdraw any such 118
information and records that were prev iously obtained and made 119
accessible to the public. 120
3. That the recipient of the notice has provided written 121
notice to any person or entity to whom such information and 122
documents were previously disseminated that the victim's rights 123
under this section app ly and that the information and documents 124
may not be further disseminated. Copies of such notices required 125
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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
by this subparagraph must be provided to the aggrieved person as 126
part of the certification. 127
(c) If the recipient of the notice timely provides writ ten 128
certification as provided in paragraph (b), the aggrieved person 129
may not initiate an injunction proceeding unless at least one of 130
the following applies: 131
1. The violation of this section was knowing and malicious 132
and was committed with the intent to c ause harm to the aggrieved 133
party. 134
2. The violation of this section was done with reckless 135
indifference to the harm caused to the aggrieved party. 136
3. The person or entity in violation of this section was 137
the perpetrator of the act that would constitute sexual violence 138
or sexual exploitation or was otherwise legally responsible for 139
the conduct. 140
(d) Paragraph (a) does not apply if the person or entity 141
in violation of this section commits a new violation of this 142
section after receiving notice in accordanc e with paragraph (a) 143
for a previous violation. 144
(e) In addition to injunctive relief, an aggrieved party 145
who prevails in seeking an injunction under this subsection is 146
entitled to an award of reasonable attorney fees and costs 147
incurred in enforcing rights under this section. 148
(6) The remedies provided in this section are cumulative 149
to other existing remedies. 150
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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
(7) The rights guaranteed under this section may be waived 151
only by express action. An action by a victim may not be deemed 152
an implicit waiver of h is or her rights under this act. 153
(8) This act does not apply: 154
(a) In any case in which a law enforcement agency, after 155
investigation, concludes that the reported conduct of sexual 156
violence or sexual exploitation was intentionally false. 157
(b) To a mandatory report of child abuse under chapter 39. 158
(9) The granting of the rights enumerated in this section 159
to a victim may not be construed to deny or impair any other 160
rights possessed by a victim. 161
Section 2. This act shall take effect July 1, 2023. 162