FL
Florida House Bill H0873

Florida 2023 Regular Session

Florida House Bill H0873 Compare Versions

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1010 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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1414 A bill to be entitled 1
15-An act relating to protected information of sexual 2
16-offense victims; creating s. 960.31, F.S.; providing 3
17-definitions; authorizing a sexual offense victim, or 4
18-his or her legal representative, to make a written 5
19-request to remove protected information which has been 6
20-published or disseminated; providing requirements for 7
21-such a request; requiring a person or entity to remove 8
22-protected information within a specified timeframe; 9
23-prohibiting the person or entity from further 10
24-publishing or disseminating the protected information; 11
25-authorizing a sexual offense victim, or his or her 12
26-legal representative, to bring a civil action to 13
27-enjoin the continued publication or dissemin ation or 14
28-republication or redissemination of protected 15
29-information under certain circumstances; authorizing a 16
30-court to impose specified civil penalties; requiring a 17
31-court to award reasonable attorney fees and court 18
32-costs; requiring recovered civil penaltie s to be 19
33-deposited into the Crimes Compensation Trust Fund; 20
34-providing an effective date. 21
35- 22
36-Be It Enacted by the Legislature of the State of Florida: 23
37- 24
38- Section 1. Section 960.31, Florida Statutes, is created to 25
15+An act relating to victims of sexual violence or 2
16+sexual exploitation; creating s. 960.31, F.S.; 3
17+providing definitions; providing that a victim of 4
18+sexual violence or sexual exploitation has the right 5
19+to prevent any person or entity from disclosing or 6
20+disseminating information or records that might 7
21+identify him or her as a victim; prohibiting a person 8
22+or an entity in possession of information or recor ds 9
23+that might identify an individual as a victim of 10
24+sexual violence or sexual exploitation from disclosing 11
25+or disseminating such information or records without 12
26+first obtaining the express written consent of the 13
27+victim; authorizing an aggrieved person to in itiate a 14
28+civil action for an injunction against certain persons 15
29+or entities; providing procedures for initiating such 16
30+civil action; providing that an aggrieved party who 17
31+prevails in seeking an injunction is entitled to 18
32+reasonable attorney fees and costs; p roviding that 19
33+specified rights may be waived only by express action; 20
34+providing applicability; providing construction; 21
35+providing an effective date. 22
36+ 23
37+Be It Enacted by the Legislature of the State of Florida: 24
38+ 25
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4747 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-read: 26
52- 960.31 Publication or disseminati on of protected 27
53-information relating to a sexual offense victim. — 28
54- (1) For purposes of this section, the term: 29
55- (a) "Legal representative" means a sexual offense victim's 30
56-lawful representative, the parent or guardian of a minor sexual 31
57-offense victim, and the next of kin of a deceased sexual offense 32
58-victim, except upon a showing that the interests of such 33
59-individual would be in actual or potential conflict with the 34
60-interests of the sexual offense victim. 35
61- (b) "Protected information" means any information made 36
62-confidential and exempt pursuant to s. 119.071(2)(h)1.b., or 37
63-otherwise protected pursuant to s. 16(b), Art. I of the State 38
64-Constitution. 39
65- (c) "Sexual offense victim" means any minor or adult who 40
66-is a victim of a sexual offense prohibited under s. 41
67-787.06(3)(b), (d), (f), or (g), chapter 794, chapter 796, 42
68-chapter 800, chapter 827, or chapter 847. 43
69- (2) A sexual offense victim whose protected information is 44
70-published or otherwise disseminated, or his or her legal 45
71-representative, may make a request, in writing, for the removal 46
72-of such information to the person or registered agent of the 47
73-person or entity who published or otherwise disseminated the 48
74-protected information. The written request for removal of the 49
75-protected information must be sent by registere d mail and 50
51+ Section 1. Section 960.31, Florida Statut es, is created to 26
52+read: 27
53+ 960.31 Rights of victims of sexual violence or sexual 28
54+exploitation.— 29
55+ (1) As used in this section, the term: 30
56+ (a) "Public proceeding" includes any public proceeding and 31
57+is not limited to a criminal justice proceeding. 32
58+ (b) "School" includes any public or private K -12 school, 33
59+Florida College System institution, or state university. 34
60+ (c) "Sexual violence or sexual exploitation" means any 35
61+conduct that would constitute a sexual offense prohibited under 36
62+s. 787.06, chapter 794, chapt er 796, chapter 800, or s. 827.071, 37
63+and for which there has been official verification that an 38
64+applicable crime has occurred as described in s. 119.071(2)(j)1. 39
65+ (d) "Victim" includes minors and adults, including adult 40
66+survivors of sexual violence or sexua l exploitation suffered as 41
67+a minor. The term also includes a person who suffers direct or 42
68+threatened physical, psychological, or financial harm as a 43
69+result of the commission or attempted commission of an act that 44
70+would constitute sexual violence or sexual exploitation, 45
71+including delinquent acts and conduct. The term also includes 46
72+the victim's lawful representative, the parent or guardian of a 47
73+minor victim, and the next of kin of a homicide victim, except 48
74+upon a showing that the interests of such individual would be in 49
75+actual or potential conflict with the interests of the victim. 50
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8484 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-include sufficient proof of identification of the sexual offense 51
89-victim whose protected information was published or otherwise 52
90-disseminated and specific information identifying the protected 53
91-information that the written request is seeking to rem ove. 54
92- (3) Within 5 calendar days after receipt of the written 55
93-request for removal of the protected information, the person or 56
94-entity who published or otherwise disseminated the information 57
95-must remove the information without charge and may not republish 58
96-or otherwise redisseminate such information. 59
97- (4)(a) A sexual offense victim whose protected information 60
98-was published or otherwise disseminated, or his or her legal 61
99-representative, may bring a civil action to enjoin the continued 62
100-publication or dissemina tion of such information if the 63
101-information is not removed within 5 calendar days after receipt 64
102-of the written request for removal. The court may impose a civil 65
103-penalty of $1,000 per day for noncompliance with an injunction 66
104-and shall award reasonable attor ney fees and court costs related 67
105-to the issuance and enforcement of the injunction. Moneys 68
106-recovered for civil penalties under this paragraph shall be 69
107-deposited into the Crimes Compensation Trust Fund. 70
108- (b) If a person or an entity was required to remove 71
109-protected information under this section and later republishes 72
110-or otherwise redisseminates such information, the sexual offense 73
111-victim whose protected information is republished or 74
112-redisseminated, or his or her legal representative, may bring a 75
88+The term does not include the accused. 51
89+ (2)(a) A victim of sexual violence or sexual exploitation 52
90+has the right to prevent any person or entity from disclosing or 53
91+disseminating information or records that are exempt from 54
92+disclosure under chapter 119 and which might identify him or her 55
93+as the victim of sexual violence or sexual exploitation to any 56
94+member of the public, including in response to a public records 57
95+request or in any publi c proceeding, in accordance with s. 16, 58
96+Art. I of the State Constitution. 59
97+ (b) A person or an entity in possession of information or 60
98+records that are exempt from disclosure under chapter 119 and 61
99+that might identify an individual as a victim of sexual viol ence 62
100+or sexual exploitation may not disclose or disseminate such 63
101+information or records without first obtaining the express 64
102+written consent of the victim, including in response to a public 65
103+records request or in any public proceeding, in accordance with 66
104+s. 16, Art. I of the State Constitution. 67
105+ (3) For purposes of this section, conduct that would 68
106+constitute sexual violence or sexual exploitation is deemed to 69
107+have occurred at the moment an act that would constitute sexual 70
108+violence or sexual exploitation is c ommitted, regardless of 71
109+whether the accused perpetrator is identified, arrested, 72
110+prosecuted, or convicted, and regardless of whether a law 73
111+enforcement officer or law enforcement agency confirms by 74
112+probable cause that a crime occurred. 75
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121121 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-civil action to enjoin the continued publication or 76
126-dissemination of the protected information. The court may impose 77
127-a civil penalty of $5,000 per day for noncompliance with an 78
128-injunction and shall award reasonable attorney fees and court 79
129-costs related to the issuanc e and enforcement of the injunction. 80
130-Moneys recovered for civil penalties under this paragraph shall 81
131-be deposited into the Crimes Compensation Trust Fund. 82
132- Section 2. This act shall take effect July 1, 2023. 83
125+ (4) This section ap plies to any act that would constitute 76
126+sexual violence or sexual exploitation reported by, or on behalf 77
127+of, a victim. Such an act is deemed reported if the victim, or 78
128+someone acting on the victim's behalf, reports the act to any of 79
129+the following: 80
130+ (a) A law enforcement officer or law enforcement agency, 81
131+including a law enforcement officer or a law enforcement agency 82
132+of a school. 83
133+ (b) A licensed medical provider or facility, including by 84
134+seeking a sexual assault examination or any other medical care 85
135+related to any act that would constitute sexual violence or 86
136+sexual exploitation. 87
137+ (c) A mental health provider, including any victim 88
138+counselor or victim advocate, or any school counseling service. 89
139+ (d) A school employee in a teaching or administrative 90
140+position. 91
141+ (e) A school employee whose job functions include 92
142+oversight of on-campus housing at any school. 93
143+ (5) A person aggrieved by a violation of this section may 94
144+initiate a civil action for an injunction against a person or an 95
145+entity, excluding a publi c official, a public employee, or a 96
146+public entity, to prevent or remedy further violation of this 97
147+section. 98
148+ (a) Except as provided in paragraph (d), at least 5 99
149+business days before instituting such action, and as a condition 100
150+
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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+precedent to such an action, t he aggrieved person shall serve 101
163+notice in writing on the intended respondent, specifying that 102
164+the identity of the aggrieved person qualifies for protection 103
165+under this section based on the criteria specified under 104
166+subsection (4), without the need to specify which criteria apply 105
167+or provide any documentary proof. The Florida Rules of Evidence 106
168+shall govern the authentication and admissibility of proof of 107
169+such written notice. 108
170+ (b) In response to such a notice, the recipient of the 109
171+notice may avoid the civil act ion for injunction by certifying 110
172+to the aggrieved party by means of a sworn written statement all 111
173+of the following: 112
174+ 1. An intent to maintain as confidential all information 113
175+and records, including original source information and records, 114
176+identifying the aggrieved person as the victim of any act that 115
177+would constitute sexual violence or sexual exploitation. 116
178+ 2. Confirmation that the recipient of the notice has taken 117
179+all necessary affirmative action to withdraw any such 118
180+information and records that were prev iously obtained and made 119
181+accessible to the public. 120
182+ 3. That the recipient of the notice has provided written 121
183+notice to any person or entity to whom such information and 122
184+documents were previously disseminated that the victim's rights 123
185+under this section app ly and that the information and documents 124
186+may not be further disseminated. Copies of such notices required 125
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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+by this subparagraph must be provided to the aggrieved person as 126
200+part of the certification. 127
201+ (c) If the recipient of the notice timely provides writ ten 128
202+certification as provided in paragraph (b), the aggrieved person 129
203+may not initiate an injunction proceeding unless at least one of 130
204+the following applies: 131
205+ 1. The violation of this section was knowing and malicious 132
206+and was committed with the intent to c ause harm to the aggrieved 133
207+party. 134
208+ 2. The violation of this section was done with reckless 135
209+indifference to the harm caused to the aggrieved party. 136
210+ 3. The person or entity in violation of this section was 137
211+the perpetrator of the act that would constitute sexual violence 138
212+or sexual exploitation or was otherwise legally responsible for 139
213+the conduct. 140
214+ (d) Paragraph (a) does not apply if the person or entity 141
215+in violation of this section commits a new violation of this 142
216+section after receiving notice in accordanc e with paragraph (a) 143
217+for a previous violation. 144
218+ (e) In addition to injunctive relief, an aggrieved party 145
219+who prevails in seeking an injunction under this subsection is 146
220+entitled to an award of reasonable attorney fees and costs 147
221+incurred in enforcing rights under this section. 148
222+ (6) The remedies provided in this section are cumulative 149
223+to other existing remedies. 150
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232+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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236+ (7) The rights guaranteed under this section may be waived 151
237+only by express action. An action by a victim may not be deemed 152
238+an implicit waiver of h is or her rights under this act. 153
239+ (8) This act does not apply: 154
240+ (a) In any case in which a law enforcement agency, after 155
241+investigation, concludes that the reported conduct of sexual 156
242+violence or sexual exploitation was intentionally false. 157
243+ (b) To a mandatory report of child abuse under chapter 39. 158
244+ (9) The granting of the rights enumerated in this section 159
245+to a victim may not be construed to deny or impair any other 160
246+rights possessed by a victim. 161
247+ Section 2. This act shall take effect July 1, 2023. 162