Bill Text: FL S0138 | 2024 | Regular Session | Introduced

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Bill Title: Protected Information of Sexual Offense Victims

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-03-08 - Died in Criminal Justice [S0138 Detail]

Download: Florida-2024-S0138-Introduced.html

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       Florida Senate - 2024                                     SB 138
       
       
        
       By Senator Berman
       
       
       
       
       
       26-00253-24                                            2024138__
    1                        A bill to be entitled                      
    2         An act relating to protected information of sexual
    3         offense victims; creating s. 960.31, F.S.; defining
    4         terms; authorizing a sexual offense victim, or his or
    5         her legal representative, to make a written request to
    6         remove protected information that has been published
    7         or disseminated; providing requirements for such a
    8         request; requiring a person or an entity after
    9         receiving notice to remove protected information
   10         within a specified timeframe; prohibiting the person
   11         or entity from further publishing or disseminating the
   12         protected information; authorizing a sexual offense
   13         victim, or his or her legal representative, to bring a
   14         civil action to enjoin the continued publication or
   15         dissemination or republication or redissemination of
   16         protected information under certain circumstances;
   17         authorizing a court to impose specified civil
   18         penalties; requiring a court to award reasonable
   19         attorney fees and court costs; requiring recovered
   20         civil penalties to be deposited into the Crimes
   21         Compensation Trust Fund; providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 960.31, Florida Statutes, is created to
   26  read:
   27         960.31 Publication or dissemination of protected
   28  information relating to a sexual offense victim.—
   29         (1) For purposes of this section, the term:
   30         (a) “Legal representative” means a sexual offense victim’s
   31  lawful representative, the parent or guardian of a minor who is
   32  a sexual offense victim, and the next of kin of a deceased
   33  sexual offense victim, except upon a showing that the interests
   34  of such individual would be in actual or potential conflict with
   35  the interests of the sexual offense victim.
   36         (b) “Protected information” means any information made
   37  confidential and exempt pursuant to s. 119.071(2)(h)1.b. or
   38  otherwise protected pursuant to s. 16(b), Art. I of the State
   39  Constitution.
   40         (c) “Sexual offense victim” means any minor or adult who is
   41  a victim of a sexual offense prohibited under s. 787.06(3)(b),
   42  (d), (f), or (g); chapter 794; chapter 796; chapter 800; chapter
   43  827; or chapter 847.
   44         (2) A sexual offense victim whose protected information is
   45  published or otherwise disseminated, or his or her legal
   46  representative, may make a request, in writing, for the removal
   47  of such information to the person or registered agent of the
   48  person or entity who published or otherwise disseminated the
   49  protected information. The written request for removal of the
   50  protected information must be sent by registered mail and
   51  include sufficient proof of identification of the sexual offense
   52  victim whose protected information was published or otherwise
   53  disseminated and specific information identifying the protected
   54  information that the written request is seeking to remove.
   55         (3) Within 5 calendar days after receipt of the written
   56  request for removal of the protected information, the person or
   57  entity who published or otherwise disseminated the information
   58  must remove the information without charge and may not republish
   59  or otherwise redisseminate such information.
   60         (4)(a) A sexual offense victim whose protected information
   61  was published or otherwise disseminated, or his or her legal
   62  representative, may bring a civil action to enjoin the continued
   63  publication or dissemination of such information if the
   64  information is not removed within 5 calendar days after receipt
   65  of the written request for removal. The court may impose a civil
   66  penalty of $1,000 per day for noncompliance with an injunction
   67  and shall award reasonable attorney fees and court costs related
   68  to the issuance and enforcement of the injunction. Moneys
   69  recovered for civil penalties under this paragraph must be
   70  deposited into the Crimes Compensation Trust Fund.
   71         (b) If a person or an entity was required to remove
   72  protected information under this section and later republishes
   73  or otherwise redisseminates such information, the sexual offense
   74  victim whose protected information is republished or
   75  redisseminated, or his or her legal representative, may bring a
   76  civil action to enjoin the continued publication or
   77  dissemination of the protected information. The court may impose
   78  a civil penalty of $5,000 per day for noncompliance with an
   79  injunction and shall award reasonable attorney fees and court
   80  costs related to the issuance and enforcement of the injunction.
   81  Moneys recovered for civil penalties under this paragraph must
   82  be deposited into the Crimes Compensation Trust Fund.
   83         Section 2. This act shall take effect July 1, 2024.