Florida Senate - 2014                                     SB 516
       
       
        
       By Senator Latvala
       
       
       
       
       
       20-00281A-14                                           2014516__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         420.6231, F.S.; creating a public records exemption
    4         for individual identifying information of a person
    5         contained in a Point-In-Time Count and Survey or data
    6         in a Homeless Management Information System; defining
    7         the term “individual identifying information”;
    8         providing for retroactive application of the
    9         exemption; specifying that the exemption does not
   10         preclude the release of aggregate information;
   11         providing for future review and repeal under the Open
   12         Government Sunset Review Act; providing a statement of
   13         public necessity; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 420.6231, Florida Statutes, is created
   18  to read:
   19         420.6231 Individual identifying information in specified
   20  homelessness surveys and databases; public records exemption.—
   21         (1) As used in this section, “individual identifying
   22  information” means information that directly or indirectly
   23  identifies a specific person, can be manipulated to identify a
   24  specific person, or can be linked with other available
   25  information to identify a specific person.
   26         (2) Individual identifying information of a person
   27  contained in a Point-In-Time Count and Survey or data in a
   28  Homeless Management Information System collected pursuant to 42
   29  U.S.C. chapter 119, subchapter IV, and related regulations
   30  provided in 24 C.F.R. part 91, is exempt from s. 119.07(1) and
   31  s. 24(a), Art. I of the State Constitution. This exemption
   32  applies to such information held before, on, or after the
   33  effective date of this section.
   34         (3) This section does not preclude the release in the
   35  aggregate of information from a Point-In-Time Count and Survey
   36  or data in a Homeless Management Information System which does
   37  not disclose individual identifying information of a person.
   38         (4) This section is subject to the Open Government Sunset
   39  Review Act in accordance with s. 119.15 and shall stand repealed
   40  on October 2, 2019, unless reviewed and saved from repeal
   41  through reenactment by the Legislature.
   42         Section 2. The Legislature finds that it is a public
   43  necessity that individual identifying information of a person
   44  contained in a Point-In-Time Count and Survey or data in a
   45  Homeless Management Information System collected pursuant to 42
   46  U.S.C. chapter 119, subchapter IV, and related regulations
   47  provided in 24 C.F.R. part 91, be made exempt from public
   48  records requirements. Pursuant to 42 U.S.C. s. 11363, the
   49  Secretary of Housing and Urban Development is required to
   50  instruct service providers not to disclose personally
   51  identifying information about any client for purposes of the
   52  Homeless Management Information System, which includes Point-In
   53  Time Count and Survey information. The public release of such
   54  sensitive information could lead to discrimination against or
   55  ridicule of such individuals and could make them reluctant to
   56  seek assistance for themselves or their family members. The
   57  public release of such information may put affected individuals
   58  at greater risk of injury as a significant proportion of such
   59  individuals are survivors of domestic violence or suffer from
   60  mental illness or substance abuse. Additionally, public access
   61  to such information may put affected individuals at a heightened
   62  risk for fraud and identity theft. The harm from disclosing such
   63  information outweighs any public benefit that can be derived
   64  from widespread and unfettered access to such information. This
   65  exemption is narrowly drawn so that aggregate information that
   66  does not disclose individual identifying information of a person
   67  from the Point-In-Time Count and Survey and data in a Homeless
   68  Management Information System collected pursuant to 42 U.S.C.
   69  chapter 119, subchapter IV, and related regulations provided in
   70  24 C.F.R. part 91, may be disclosed.
   71         Section 3. This act shall take effect upon becoming a law.