Florida Senate - 2022 SB 1084 By Senator Berman 31-00468-22 20221084__ Page 1 of 6 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to victims of crimes of sexual 2 violence or sexual exploitation; creating s. 960.31, 3 F.S.; defining terms; providing that a victim of any 4 crime of sexual violence or sexual exploitation has 5 the right to prevent any person or entity from 6 disclosing or disseminating information or records 7 that might identify him or her as a victim of such 8 crimes; prohibiting a person or an entity in 9 possession of information or records that might 10 identify an individual as a victim of a crime of 11 sexual violence or sexual exploitation from disclosing 12 or disseminating such information or records without 13 first obtaining the express written consent of the 14 victim; authorizing an aggrieved person to initiate a 15 civil action for an injunction against certain persons 16 or entities after following specified procedures; 17 providing that an aggrieved party who prevails in 18 seeking an injunction is entitled to reasonable 19 attorney fees and costs; providing that specified 20 rights may be waived only by express action; providing 21 construction; providing applicability; providing an 22 effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26

Section

Section 960.31, Florida Statutes, is created to 27 read: 28 960.31 Rights of victims of crimes of sexual violence or 29

Florida Senate - 2022 SB 1084 31-00468-22 20221084__ Page 2 of 6 CODING: Words stricken are deletions; words underlined are additions. sexual exploitation.— 30

(1) As used in this section, the term: 31 (a) “Crime of sexual violence or sexual exploitation” means 32 any sexual offense prohibited by law under s. 787.06,

chapter 33 794,

chapter 796,

chapter 800, or s. 827.071. 34 (b) “Public proceeding” includes any public proceeding and 35 is not limited to a criminal justice proceeding. 36 (c) “School” includes any public or private K-12 school, 37 college, or university. 38 (d) “Victim” includes minors and adults, including adult 39 survivors of a crime of sexual violence or sexual exploitation 40 suffered as a minor. The term also includes a person who suffers 41 direct or threatened physical, psychological, or financial harm 42 as a result of the commission or attempted commission of a crime 43 of sexual violence or sexual exploitation.

The term also 44 includes the victim’s lawful representative, the parent or 45 guardian of a minor victim, and the next of kin of a homicide 46 victim, except upon a showing that the interests of such 47 individual would be in actual or potential conflict with the 48 interests of the victim. The term does not include the accused. 49 The terms “crime” and “criminal” include delinquent acts and 50 conduct. 51 (2)(

a) A victim of any crime of sexual violence or sexual 52 exploitation has the right to prevent any person or entity from 53 disclosing or disseminating information or records that might 54 identify him or her as the victim of sexual violence or sexual 55 exploitation to any member of the public, including in response 56 to a public records request or in any public proceeding, in 57 accordance with s. 16, Art. I of the State Constitution. 58

Florida Senate - 2022 SB 1084 31-00468-22 20221084__ Page 3 of 6 CODING: Words stricken are deletions; words underlined are additions. (

b) A person or an entity in possession of information or 59 records that might identify an individual as a victim of a crime 60 of sexual violence or sexual exploitation may not disclose or 61 disseminate such information or records without first obtaining 62 the express written consent of the victim, including in response 63 to a public records request or in any public proceeding, in 64 accordance with s. 16, Art. I of the State Constitution. 65

(3) For purposes of this section, a crime of sexual 66 violence or sexual exploitation is deemed to have occurred at 67 the moment the crime is committed, regardless of whether the 68 accused perpetrator is identified, arrested, prosecuted, or 69 convicted, and regardless of whether a law enforcement officer 70 or law enforcement agency confirms by probable cause that a 71 crime occurred. 72

(4) This

section applies to any crime of sexual violence or 73 sexual exploitation reported by, or on behalf of, a victim. Such 74 a crime is deemed reported if the victim, or someone acting on 75 the victim’s behalf, reports the crime to any of the following: 76 (

a) A law enforcement officer or law enforcement agency, 77 including a law enforcement officer or law enforcement agency of 78 a school. 79 (

b) A licensed medical provider or facility, including by 80 seeking a sexual assault examination or any other medical care 81 related to the crime of sexual violence or sexual exploitation. 82 (

c) A mental health provider, including any crime victim 83 counselor or victim advocate, or any school counseling service. 84 (

d) A school employee in a teaching or administrative 85 position. 86 (

e) A school employee whose job functions include oversight 87

Florida Senate - 2022 SB 1084 31-00468-22 20221084__ Page 4 of 6 CODING: Words stricken are deletions; words underlined are additions. of on-campus housing at any school. 88

(5) A person aggrieved in violation of this

section may 89 initiate a civil action for an injunction against a person or an 90 entity, excluding a public official, a public employee, or a 91 public entity, to prevent or remedy further violation of this 92 section. 93 (

a) Except as provided in paragraph (d), at least 5 94 business days before instituting such action, and as a condition 95 precedent to such an action, the aggrieved person shall serve 96 notice in writing on the intended defendant, specifying that the 97 identity of the aggrieved person qualifies for protection under 98 this

section based on the criteria under subsection (4), without 99 the need to specify which criteria apply or provide any 100 documentary proof. 101 (

b) In response to such notice, the recipient of the notice 102 may avoid the civil action for injunction by certifying in 103 writing to the aggrieved party all of the following: 104 1. An intent to thereafter maintain as confidential all 105 information and records identifying the aggrieved person as the 106 victim of a crime of sexual violence or sexual exploitation; 107 2. Confirmation that the recipient of the notice has 108 withdrawn from public access any such information or records 109 that were previously exposed; and 110 3.

That the recipient of the notice has informed in writing 111 any persons or entities to whom the information and documents 112 were previously disseminated that the victim’s rights under this 113

section apply and that the information and documents may not be 114 further disseminated. Copies of any such notices under this 115 subparagraph must be provided to the aggrieved person as part of 116

Florida Senate - 2022 SB 1084 31-00468-22 20221084__ Page 5 of 6 CODING: Words stricken are deletions; words underlined are additions. the certification. 117 (

c) If the recipient of the notice timely provides written 118 certification as provided in paragraph (b), the aggrieved person 119 may not initiate an injunction proceeding unless at least one of 120 the following applies: 121 1. The violation of this

section was knowing and malicious 122 and was committed with the intent to cause harm to the aggrieved 123 party. 124 2. The violation of this

section was done with reckless 125 indifference to such harm. 126 3. The person or entity in violation of this

section was 127 the perpetrator of the crime of sexual violence or sexual 128 exploitation or was otherwise legally responsible for the crime. 129 (

d) Paragraph (

a) does not apply if the person or entity in 130 violation of this

section commits a new violation of this 131

section after receiving notice in accordance with paragraph (a) 132 for a previous violation. 133 (

e) In addition to injunctive relief, an aggrieved party 134 who prevails in seeking an injunction under this subsection is 135 entitled to an award of reasonable attorney fees and costs 136 incurred in enforcing rights under this section. 137

(6) The remedies provided in this

section are cumulative to 138 other existing remedies. 139

(7) The rights guaranteed under this

section may be waived 140 only by express action. An action by a victim may not be deemed 141 an implicit waiver of his or her rights under this act. 142

(8) This act does not apply in any case in which a law 143 enforcement agency, after investigation, concludes that the 144 reported crime was intentionally false. 145

Florida Senate - 2022 SB 1084 31-00468-22 20221084__ Page 6 of 6 CODING: Words stricken are deletions; words underlined are additions.

(9) The granting of the rights enumerated in this

section 146 to a victim may not be construed to deny or impair any other 147 rights possessed by a victim. 148

Section 2. This act shall take effect July 1, 2022. 149