Florida Senate - 2022                             CS for SB 1042
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Brodeur
       
       
       
       
       586-02804-22                                          20221042c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 402.88,
    3         F.S.; providing an exemption from public records
    4         requirements for all records, data, information,
    5         correspondence, and communications relating to the
    6         enrollment of persons in the Special Persons Registry
    7         maintained by the Department of Health; providing
    8         exceptions; authorizing law enforcement agencies,
    9         county emergency management agencies, and local fire
   10         departments to further disclose confidential and
   11         exempt information under certain circumstances;
   12         providing for future legislative review and repeal of
   13         the exemption; providing a statement of public
   14         necessity; providing for retroactive application;
   15         providing a contingent effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsection (3) is added to section 402.88,
   20  Florida Statutes, as created by SB 1040 or similar legislation,
   21  to read:
   22         402.88 Special Persons Registry for interactions with law
   23  enforcement; public records exemption.—
   24         (3)(a) All records, data, information, correspondence, and
   25  communications relating to the enrollment of persons as provided
   26  in subsection (1) and such information included in any locally
   27  maintained registry that is substantially similar to the
   28  registry in subsection (1) are confidential and exempt from s.
   29  119.07(1) and s. 24(a), Art. I of the State Constitution and may
   30  not be disclosed except, upon request, to a law enforcement
   31  agency, a county emergency management agency, or a local fire
   32  department, or as otherwise specifically authorized by this
   33  section.
   34         (b) A law enforcement agency, county emergency management
   35  agency, or local fire department in possession of materials
   36  described in paragraph (a) may further disclose information
   37  contained in such materials to others not specifically listed
   38  only as follows:
   39         1. With the express written consent of the registry
   40  enrollee or the legally authorized representative of such
   41  enrollee;
   42         2. In a medical emergency;
   43         3. By court order upon a finding of good cause;
   44         4. To another governmental agency in the performance of its
   45  duties and responsibilities; or
   46         5. In the interest of public safety, to assist in locating
   47  the enrollee, or to promote the safety or well-being of the
   48  enrollee, as determined by the law enforcement agency.
   49         (c) This subsection is subject to the Open Government
   50  Sunset Review Act in accordance with s. 119.15 and shall stand
   51  repealed on October 2, 2027, unless reviewed and saved from
   52  repeal through reenactment by the Legislature.
   53         Section 2. The Legislature finds that it is a public
   54  necessity to make all records, data, information,
   55  correspondence, and communications relating to the enrollment of
   56  persons in the Special Persons Registry under s. 402.88, Florida
   57  Statutes, confidential and exempt from s. 119.07(1), Florida
   58  Statutes, and s. 24(a), Article I of the State Constitution.
   59  Such records would likely include confidential medical
   60  information and sensitive personal information about the persons
   61  listed in the registry. The potential disclosure of such
   62  information would deter persons from being enrolled in the
   63  registry, which would then deprive law enforcement officers of
   64  information that would better enable them to interact with such
   65  persons in safe and appropriate ways.
   66         Section 3. The exemption created in s. 402.88(3), Florida
   67  Statutes, applies retroactively to such confidential and exempt
   68  information held by a law enforcement agency, a county emergency
   69  management agency, or a local fire department before the
   70  effective date of this act.
   71         Section 4. This act shall take effect on the same date that
   72  SB 1040 or similar legislation takes effect, if such legislation
   73  is adopted in the same legislative session or an extension
   74  thereof and becomes a law.