CS/HB 873 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0873-01-c1
Page 1 of 4
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 protected information of sexual 2
offense victims; creating s. 960.31, F.S.; providing 3
definitions; authorizing a sexual offense victim, or 4
his or her legal representative, to make a written 5
request to remove protected information which has been 6
published or disseminated; providing requirements for 7
such a request; requiring a person or entity to remove 8
protected information within a specified timeframe; 9
prohibiting the person or entity from further 10
publishing or disseminating the protected information; 11
authorizing a sexual offense victim, or his or her 12
legal representative, to bring a civil action to 13
enjoin the continued publication or dissemin ation or 14
republication or redissemination of protected 15
information under certain circumstances; authorizing a 16
court to impose specified civil penalties; requiring a 17
court to award reasonable attorney fees and court 18
costs; requiring recovered civil penaltie s to be 19
deposited into the Crimes Compensation Trust Fund; 20
providing an effective date. 21
22
Be It Enacted by the Legislature of the State of Florida: 23
24
Section 1. Section 960.31, Florida Statutes, is created to 25
CS/HB 873 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0873-01-c1
Page 2 of 4
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
read: 26
960.31 Publication or disseminati on of protected 27
information relating to a sexual offense victim. — 28
(1) For purposes of this section, the term: 29
(a) "Legal representative" means a sexual offense victim's 30
lawful representative, the parent or guardian of a minor sexual 31
offense victim, and the next of kin of a deceased sexual offense 32
victim, except upon a showing that the interests of such 33
individual would be in actual or potential conflict with the 34
interests of the sexual offense victim. 35
(b) "Protected information" means any information made 36
confidential and exempt pursuant to s. 119.071(2)(h)1.b., or 37
otherwise protected pursuant to s. 16(b), Art. I of the State 38
Constitution. 39
(c) "Sexual offense victim" means any minor or adult who 40
is a victim of a sexual offense prohibited under s. 41
787.06(3)(b), (d), (f), or (g), chapter 794, chapter 796, 42
chapter 800, chapter 827, or chapter 847. 43
(2) A sexual offense victim whose protected information is 44
published or otherwise disseminated, or his or her legal 45
representative, may make a request, in writing, for the removal 46
of such information to the person or registered agent of the 47
person or entity who published or otherwise disseminated the 48
protected information. The written request for removal of the 49
protected information must be sent by registere d mail and 50
CS/HB 873 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0873-01-c1
Page 3 of 4
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
include sufficient proof of identification of the sexual offense 51
victim whose protected information was published or otherwise 52
disseminated and specific information identifying the protected 53
information that the written request is seeking to rem ove. 54
(3) Within 5 calendar days after receipt of the written 55
request for removal of the protected information, the person or 56
entity who published or otherwise disseminated the information 57
must remove the information without charge and may not republish 58
or otherwise redisseminate such information. 59
(4)(a) A sexual offense victim whose protected information 60
was published or otherwise disseminated, or his or her legal 61
representative, may bring a civil action to enjoin the continued 62
publication or dissemina tion of such information if the 63
information is not removed within 5 calendar days after receipt 64
of the written request for removal. The court may impose a civil 65
penalty of $1,000 per day for noncompliance with an injunction 66
and shall award reasonable attor ney fees and court costs related 67
to the issuance and enforcement of the injunction. Moneys 68
recovered for civil penalties under this paragraph shall be 69
deposited into the Crimes Compensation Trust Fund. 70
(b) If a person or an entity was required to remove 71
protected information under this section and later republishes 72
or otherwise redisseminates such information, the sexual offense 73
victim whose protected information is republished or 74
redisseminated, or his or her legal representative, may bring a 75
CS/HB 873 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0873-01-c1
Page 4 of 4
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
civil action to enjoin the continued publication or 76
dissemination of the protected information. The court may impose 77
a civil penalty of $5,000 per day for noncompliance with an 78
injunction and shall award reasonable attorney fees and court 79
costs related to the issuanc e and enforcement of the injunction. 80
Moneys recovered for civil penalties under this paragraph shall 81
be deposited into the Crimes Compensation Trust Fund. 82
Section 2. This act shall take effect July 1, 2023. 83