Senate Bill sb0290c1
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Florida Senate - 2003 CS for SB 290
By the Committee on Governmental Oversight and Productivity
302-2395-03
1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.07, F.S., which provides an exemption from
4 public-records requirements for information
5 furnished by an applicant for or participant in
6 a housing assistance program; deleting the
7 exemption provided for bank account numbers,
8 credit card numbers, and telephone numbers;
9 clarifying provisions providing an exemption
10 from public-records requirements for an
11 applicant's or participant's medical history
12 records or information related to health or
13 property insurance; reenacting the exemption
14 and removing the repeal thereof scheduled under
15 the Open Government Sunset Review Act of 1995;
16 providing an effective date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Notwithstanding the repeal scheduled on
21 October 2, 2003, under the Open Government Sunset Review Act
22 of 1995, paragraph (bb) of subsection (3) of section 119.07,
23 Florida Statutes, is reenacted and amended to read:
24 119.07 Inspection, examination, and duplication of
25 records; exemptions.--
26 (3)
27 (bb)1. Medical history records, bank account numbers,
28 credit card numbers, telephone numbers, and information
29 related to health or property insurance provided to the
30 Department of Community Affairs, the Florida Housing Finance
31 Corporation, a county, a municipality, a housing authority, or
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Florida Senate - 2003 CS for SB 290
302-2395-03
1 a local housing finance agency furnished by an applicant for
2 or participant in a individual to any agency pursuant to
3 federal, state, or local housing assistance program programs
4 are confidential and exempt from the provisions of subsection
5 (1) and s. 24(a), Art. I of the State Constitution. Any other
6 information produced or received by any private or public
7 entity in direct connection with federal, state, or local
8 housing assistance programs, unless the subject of another
9 federal or state exemption, is subject to subsection (1).
10 2. Governmental entities shall have access to records
11 and information that are confidential and exempt from
12 subsection (1) and s. 24(a), Art. I of the State Constitution
13 agencies or their agents are entitled to access to the records
14 specified in this paragraph for the purpose purposes of
15 auditing federal, state, or local housing programs or housing
16 assistance programs. Such records and information may be used
17 by an agency, as needed, in any administrative or judicial
18 proceeding if, provided such records and information are kept
19 confidential and exempt, unless otherwise ordered by a court.
20 3. This paragraph is repealed effective October 2,
21 2003, and must be reviewed by the Legislature before that date
22 in accordance with s. 119.15, the Open Government Sunset
23 Review Act of 1995.
24 Section 2. This act shall take effect October 1, 2003.
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Florida Senate - 2003 CS for SB 290
302-2395-03
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 290
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4 The bill narrows the exemption by more specifically
identifying the agencies that hold information that is exempt
5 under the exemption. Counties and housing authorities
currently obtain the information that is exempt under the
6 section and currently are included within the definition of
"agency." In the process of specifically identifying those
7 agencies that collect the information, counties and housing
authorities were left out. The committee substitute inserts
8 them. Since they are already under the exemption, no expansion
of the exemption occurs.
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