Florida Senate - 2017 SB 1024 By Senator Stewart 13-01266-17 20171024__ 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 legislative review and repeal of 12 the exemption; providing a statement of public 13 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, the term “individual 22 identifying information” means information that directly or 23 indirectly identifies a specific person, can be manipulated to 24 identify a specific person, or can be linked with other 25 available 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 individual identifying information held before, on, 33 or after the effective date of this section. 34 (3) This section does not preclude the release of aggregate 35 information in a Point-in-Time Count and Survey or data in a 36 Homeless Management Information System that does not disclose 37 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38 (4) This section is subject to the Open Government Sunset 39 Review Act in accordance with s. 119.15 and shall stand repealed 40 on October 2, 2022, unless reviewed and saved from repeal 41 through reenactment by the Legislature. 42 Section 2.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 United 49 States Secretary of Housing and Urban Development is required to 50 instruct service providers that they are prohibited from 51 disclosing individual identifying information about any client 52 for purposes of the Homeless Management Information System, 53 which includes information in a Point-in-Time Count and Survey. 54 The public release of such sensitive information could lead to 55 discrimination against or ridicule of such individuals and could 56 make them reluctant to seek assistance for themselves or their 57 family members. The public release of such information may put 58 affected individuals at greater risk of injury as a significant 59 proportion of such individuals are survivors of domestic 60 violence or suffer from mental illness or substance abuse. 61 Additionally, public access to such information may put affected 62 individuals at a heightened risk for fraud and identity theft. 63 The harm from disclosing such information outweighs any public 64 benefit that can be derived from widespread and unfettered 65 access to such information. This exemption is narrowly drawn so 66 that aggregate information may be disclosed but does not 67 authorize the disclosure of individual identifying information 68 of a person contained in a Point-in-Time Count and Survey or 69 data in a Homeless Management Information System collected 70 pursuant to 42 U.S.C. chapter 119, subchapter IV, and related 71 regulations provided in 24 C.F.R. part 91. 72 Section 3. This act shall take effect upon becoming a law.