Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for SB 966
       
       
       
       
       
       
                                Ì555754@Î555754                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             03/04/2020 10:56 AM       .                                
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       Senator Gainer moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (f) of subsection (5) of section
    6  119.071, Florida Statutes, is amended to read:
    7         119.071 General exemptions from inspection or copying of
    8  public records.—
    9         (5) OTHER PERSONAL INFORMATION.—
   10         (f)1. The following information held by the Department of
   11  Economic Opportunity, the Florida Housing Finance Corporation, a
   12  county, a municipality, or a local housing finance agency is
   13  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   14  of the State Constitution:
   15         a. Medical history records and information related to
   16  health or property insurance provided to the Department of
   17  Economic Opportunity, the Florida Housing Finance Corporation, a
   18  county, a municipality, or a local housing finance agency by an
   19  applicant for or a participant in a federal, state, or local
   20  housing assistance program are confidential and exempt from s.
   21  119.07(1) and s. 24(a), Art. I of the State Constitution.
   22         b. Property photographs and personal identifying
   23  information of an applicant for or a participant in a federal,
   24  state, or local housing assistance program for the purpose of
   25  disaster recovery assistance for a presidentially declared
   26  disaster.
   27         2. Governmental entities or their agents shall have access
   28  to such confidential and exempt records and information for the
   29  purpose of auditing federal, state, or local housing programs or
   30  housing assistance programs.
   31         3. Such confidential and exempt records and information may
   32  be used in any administrative or judicial proceeding, provided
   33  such records are kept confidential and exempt unless otherwise
   34  ordered by a court.
   35         4. Sub-subparagraph 1.b. is subject to the Open Government
   36  Sunset Review Act in accordance with s. 119.15 and shall stand
   37  repealed on October 2, 2025, unless reviewed and saved from
   38  repeal through reenactment by the Legislature.
   39         Section 2. The Legislature finds that it is a public
   40  necessity that property photographs and personal identifying
   41  information of an applicant for or participant in a federal,
   42  state, or local housing assistance program for the purpose of
   43  disaster recovery assistance for a presidentially declared
   44  disaster, held by the Department of Economic Opportunity, the
   45  Florida Housing Finance Corporation, a county, a municipality,
   46  or a local housing finance agency, be made confidential and
   47  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   48  Article I of the State Constitution. In response to a disaster,
   49  an agency, in an effort to determine damage and ascertain the
   50  estimated cost of rehabilitation, may conduct a property
   51  inspection to observe and record damage to the property. This
   52  information may be used to locate the damaged property and to
   53  identify and contact the property owner or tenant. Following a
   54  disaster, the people affected are vulnerable and frequently
   55  displaced due to the severely damaged and often uninhabitable
   56  condition of their residences. If released, property photographs
   57  and personal identifying information could be used by fraudulent
   58  contractors, predatory lenders, thieves, or individuals seeking
   59  to impose on the vulnerability of the distressed property owner
   60  or tenant following a disaster. Therefore, it is necessary that
   61  property photographs and personal identifying information be
   62  protected to ensure that those affected by a disaster are not
   63  harassed, intimidated, or potentially defrauded.
   64         Section 3. This act shall take effect July 1, 2020.
   65  
   66  ================= T I T L E  A M E N D M E N T ================
   67  And the title is amended as follows:
   68         Delete everything before the enacting clause
   69  and insert:
   70                        A bill to be entitled                      
   71         An act relating to public records; amending s.
   72         119.071, F.S.; providing an exemption from public
   73         records requirements for property photographs and
   74         personal identifying information provided to specified
   75         entities by certain persons for the purpose of
   76         disaster recovery assistance; authorizing access to
   77         such records and information for certain purposes;
   78         providing for future legislative review and repeal of
   79         the exemption; providing a statement of public
   80         necessity; providing an effective date.