Florida Senate - 2019                                    SB 1346
       
       
        
       By Senator Gruters
       
       
       
       
       
       23-01080-19                                           20191346__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         420.6231, F.S.; defining terms; creating an exemption
    4         from public records requirements for individual
    5         identifying information contained in certain
    6         homelessness counts and databases; providing for
    7         retroactive application of the exemption; providing
    8         for future legislative review and repeal of the
    9         exemption; providing construction; providing a
   10         statement of public necessity; providing a directive
   11         to the Division of Law Revision; providing an
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 420.6231, Florida Statutes, is created
   17  to read:
   18         420.6231 Individual identifying information in homelessness
   19  counts and databases; public records exemption.—
   20         (1) As used in this section, the term:
   21         (a) “Individual identifying information” means information
   22  that directly or indirectly identifies a specific person, can be
   23  manipulated to identify a specific person, or can be linked with
   24  other available information to identify a specific person.
   25         (b) “Point-in-Time Count” means an unduplicated count of
   26  both the sheltered and unsheltered people in a community who are
   27  experiencing homelessness. For purposes of this section, the
   28  term includes all survey information received from such persons.
   29         (2) Individual identifying information of a person
   30  contained in a Point-in-Time Count or a homeless management
   31  information system which is collected pursuant to 42 U.S.C. 119,
   32  subchapter IV and 24 C.F.R. part 91 is confidential and exempt
   33  from s. 119.07(1) and s. 24(a), Art. I of the State
   34  Constitution. This exemption applies to individual identifying
   35  information collected before, on, or after the effective date of
   36  this act. This subsection is subject to the Open Government
   37  Sunset Review Act in accordance with s. 119.15 and shall stand
   38  repealed on October 2, 2024, unless reviewed and saved from
   39  repeal through reenactment by the Legislature.
   40         (3) This section does not preclude the release of aggregate
   41  information in a Point-in-Time Count or data in a homeless
   42  management information system which does not disclose the
   43  individual identifying information of a person.
   44         Section 2. (1) The Legislature finds that it is a public
   45  necessity that the individual identifying information of a
   46  person contained in a Point-in-Time Count or in a homeless
   47  management information system collected pursuant to 42 U.S.C.
   48  119, subchapter IV and 24 C.F.R. part 91 be made confidential
   49  and exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   50  Article I of the State Constitution.
   51         (2) Public knowledge of such information could lead to
   52  discrimination against or ridicule of an individual, which could
   53  make such individual reluctant to seek assistance. Public
   54  knowledge of such information may also create a greater risk of
   55  injury to affected individuals who are survivors of domestic
   56  violence or suffer from mental illness or substance abuse.
   57  Additionally, public knowledge of such information may create a
   58  heightened risk for fraud and identity theft to affected
   59  individuals.
   60         (3) The harm from disclosing the individual identifying
   61  information of a person contained in a Point-in-Time Count or in
   62  a homeless management information system outweighs any public
   63  benefit that can be derived from widespread and unfettered
   64  access to such information. The exemption is narrowly written so
   65  that certain aggregate information may still be disclosed.
   66         (4) Further, pursuant to 42 U.S.C. s. 11363, victim service
   67  providers must protect the personally identifying information
   68  about a client and may not disclose any personally identifying
   69  information about a client for purposes of a homeless management
   70  information system.
   71         (5) For the foregoing reasons, the Legislature finds that
   72  such information must be made confidential and exempt from s.
   73  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   74  State Constitution.
   75         Section 3. The Division of Law Revision is directed to
   76  replace the phrase “the effective date of this act” wherever it
   77  occurs in this act with the date this act becomes a law.
   78         Section 4. This act shall take effect upon becoming a law.