Florida Senate - 2013 CS for SB 1756 By the Committee on Governmental Oversight and Accountability; and Senator Montford 585-04023-13 20131756c1 1 A bill to be entitled 2 An act relating to public records; creating s. 3 595.409, F.S.; providing an exemption from public 4 records requirements for personal identifying 5 information of an applicant for or participant in a 6 school food and nutrition service program held by the 7 Department of Agriculture and Consumer Services, the 8 Department of Children and Families, or the Department 9 of Education; providing for specified disclosure; 10 providing for applicability; providing for legislative 11 review and repeal of the exemption under the Open 12 Government Sunset Review Act; providing a contingent 13 effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Section 595.409, Florida Statutes, is created to 18 read: 19 595.409 Public records exemption.— 20 (1) Personal identifying information of an applicant for or 21 participant in a school food and nutrition service program, as 22 defined in s. 595.402, held by the department, the Department of 23 Children and Families, or the Department of Education is exempt 24 from s. 119.07(1) and s. 24(a), Art. I of the State 25 Constitution. 26 (2)(a) Such information shall be disclosed to: 27 1. Another governmental entity in the performance of its 28 official duties and responsibilities; or 29 2. Any person who has the written consent of the applicant 30 for or participant in such program. 31 (b) This section does not prohibit a participant’s legal 32 guardian from obtaining confirmation of acceptance and approval, 33 dates of applicability, or other information the legal guardian 34 may request. 35 (3) This exemption applies to any information identifying a 36 program applicant or participant held by the department, the 37 Department of Children and Families, or the Department of 38 Education before, on, or after the effective date of this 39 exemption. 40 (4) This section is subject to the Open Government Sunset 41 Review Act in accordance with s. 119.15 and shall stand repealed 42 on October 2, 2018, unless reviewed and saved from repeal 43 through reenactment by the Legislature. 44 Section 2. The Legislature finds that it is a public 45 necessity that personal identifying information of an applicant 46 for or participant in a school food and nutrition service 47 program, as defined in s. 595.402, Florida Statutes, held by the 48 Department of Agriculture and Consumer Services, the Department 49 of Children and Families, or the Department of Education be made 50 exempt from the requirements of s. 119.07(1), Florida Statutes, 51 and s. 24(a), Article I of the State Constitution. In order for 52 a person applying to or participating in a school food and 53 nutrition service program to feel secure in the program, the 54 applicant or participant should be able to rely upon the fact 55 that his or her personal identifying information held by the 56 Department of Agriculture and Consumer Services, the Department 57 of Children and Families, or the Department of Education is 58 protected from disclosure to anyone other than those who have 59 the need to know such information. A public records exemption 60 for personal identifying information of an applicant for or 61 participant in a school food and nutrition service program, as 62 defined in s. 595.402, Florida Statutes, held by the Department 63 of Agriculture and Consumer Services, the Department of Children 64 and Families, or the Department of Education protects 65 information of a sensitive, personal nature concerning an 66 individual, the release of which could be defamatory to the 67 individual, could cause unwarranted damage to his or her good 68 name or reputation, and could possibly jeopardize the safety of 69 the individual. Additionally, the public records exemption 70 allows the state to effectively and efficiently administer a 71 governmental program, which administration would be 72 significantly impaired without the exemption. Thus, the 73 Legislature declares that it is a public necessity that the 74 personal identifying information of an applicant for or a 75 participant in a school food and nutrition service program, as 76 defined in s. 595.402, Florida Statutes, held by the Department 77 of Agriculture and Consumer Services, the Department of Children 78 and Families, or the Department of Education be made exempt from 79 public records requirements. 80 Section 3. This act shall take effect on the same date that 81 SB 1628 or similar legislation takes effect, if such legislation 82 is adopted in the same legislative session or an extension 83 thereof and becomes law.