Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 966 Ì424964CÎ424964 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/10/2020 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Governmental Oversight and Accountability (Gainer) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (l) is added to subsection (5) of 6 section 119.071, Florida Statutes, to read: 7 119.071 General exemptions from inspection or copying of 8 public records.— 9 (5) OTHER PERSONAL INFORMATION.— 10 (l)1. For purposes of this paragraph, the term "financial 11 documentation" means income statements, paystubs, bank 12 statements, tax returns, public assistance information, disaster 13 recovery benefits, social security disability benefits, and 14 insurance information. 15 2. Property photographs and applicant financial 16 documentation provided to the Department of Economic 17 Opportunity, the Florida Housing Finance Corporation, a county, 18 a municipality, or a local housing finance agency by or on 19 behalf of an applicant for or a participant in a federal, state, 20 or local housing assistance program for the purpose of disaster 21 recovery assistance for a presidentially declared disaster are 22 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 23 of the State Constitution. 24 3. An agency provided such confidential and exempt records 25 pursuant to paragraph 2. may disclose such confidential and 26 exempt records to a governmental entity or its agents for the 27 purpose of auditing federal, state, or local housing programs or 28 housing assistance programs. The entities or agents receiving 29 such confidential information must maintain the confidential and 30 exempt status of such records. Such confidential and exempt 31 records may be used in any administrative or judicial 32 proceeding, provided such records are kept confidential and 33 exempt unless otherwise ordered by a court. 34 4. This paragraph is subject to the Open Government Sunset 35 Review Act in accordance with s. 119.15 and shall stand repealed 36 on October 2, 2025, unless reviewed and saved from repeal 37 through reenactment by the Legislature. 38 Section 2. The Legislature finds that it is a public 39 necessity that property photographs and applicant financial 40 documentation provided to the Department of Economic 41 Opportunity, the Florida Housing Finance Corporation, a county, 42 a municipality, or a local housing finance agency by or on 43 behalf of an applicant for or a participant in a federal, state, 44 or local housing assistance program for the purpose of disaster 45 recovery assistance for a presidentially declared disaster be 46 made confidential and exempt from s. 119.07(1), Florida 47 Statutes, and s. 24 (a), Article I of the State Constitution. In 48 response to a disaster an agency, in an effort to determine 49 storm damage and ascertain the estimated cost of rehabilitation, 50 may conduct a property inspection to observe and record the 51 presence of damage. The damage assessment data collected may 52 include interior and exterior photographs of such individual's 53 residence. This information may be used to locate the damaged 54 property and identify and contact the property owner or tenant. 55 If released, this information may be used by fraudulent 56 contractors, predatory lenders, thieves, or individuals seeking 57 to impose on the vulnerability of a distressed property owner or 58 tenant following a disaster. Therefore, it is necessary that 59 this information be protected to ensure that people impacted by 60 a disaster do not have sensitive information released. 61 Section 3. This act shall take effect July 1, 2020. 62 63 ================= T I T L E A M E N D M E N T ================ 64 And the title is amended as follows: 65 Delete everything before the enacting clause 66 and insert: 67 An act relating to public records; amending s. 119.071, F.S.; 68 providing a definition for financial documentation; providing an 69 exemption from public records requirements for property 70 photographs and financial documentation provided to the 71 Department of Economic Opportunity, the Florida Housing Finance 72 Corporation, a county, a municipality, or a local housing 73 finance agency by or on behalf of an applicant for or a 74 participant in a federal, state, or local housing assistance 75 program for the purpose of disaster recovery assistance; 76 authorizing access to such records and information for certain 77 purposes; providing for future legislative review and repeal of 78 the exemption; providing a statement of public necessity; 79 providing an effective date.