House Bill 1613e1

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                                   CS/HB 1613, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; providing an exemption from the

  4         public records law for certain records

  5         furnished pursuant to certain housing

  6         assistance programs; providing for future

  7         review and repeal of the exemption; providing a

  8         statement of public necessity; providing an

  9         effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Paragraph (cc) is added to subsection (3)

14  of section 119.07, Florida Statutes, to read:

15         119.07  Inspection, examination, and duplication of

16  records; exemptions.--

17         (3)

18         (cc)1.  Medical history records, bank account numbers,

19  credit card numbers, telephone numbers, and information

20  related to health or property insurance furnished by an

21  individual to any agency pursuant to federal, state, or local

22  housing assistance programs are confidential and exempt from

23  the provisions of subsection (1) and s. 24(a), Art. I of the

24  State Constitution. Any other information produced or received

25  by any private or public entity in direct connection with

26  federal, state, or local housing assistance programs, unless

27  the subject of another federal or state exemption, is subject

28  to subsection (1).

29         2.  Governmental agencies or their agents are entitled

30  to access to the records specified in this paragraph for the

31  purposes of auditing federal, state, or local housing programs


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                                   CS/HB 1613, First Engrossed/ntc



  1  or housing assistance programs. Such records may be used by an

  2  agency, as needed, in any administrative or judicial

  3  proceeding, provided such records are kept confidential and

  4  exempt, unless otherwise ordered by a court.

  5         3.  This paragraph is repealed effective October 2,

  6  2003, and must be reviewed by the Legislature before that date

  7  in accordance with s. 119.15, the Open Government Sunset

  8  Review Act of 1995.

  9         Section 2.  The Legislature finds it is a public

10  necessity that medical history records, bank account numbers,

11  credit card numbers, telephone numbers, and information

12  related to health or property insurance furnished to a housing

13  assistance program be held confidential and exempt from public

14  records requirements because revealing such information could

15  create the opportunity for fraud and is an unnecessary

16  intrusion into the personal affairs of the program

17  participants.

18         Section 3.  This act shall take effect July 1 of the

19  year in which enacted.

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