Florida Senate - 2020 SB 966 By Senator Gainer 2-00631B-20 2020966__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 119.071, F.S.; providing an exemption from public 4 records requirements for certain records and 5 information provided to the Department of Economic 6 Opportunity, the Florida Housing Finance Corporation, 7 a county, a municipality, or a local housing finance 8 agency by or on behalf of an applicant for or a 9 participant in a federal, state, or local housing 10 assistance program for the purpose of disaster 11 recovery assistance; providing for future legislative 12 review and repeal of the exemption; providing a 13 statement of public necessity; providing an effective 14 date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Paragraph (f) of subsection (5) of section 19 119.071, Florida Statutes, is amended to read: 20 119.071 General exemptions from inspection or copying of 21 public records.— 22 (5) OTHER PERSONAL INFORMATION.— 23 (f)1. Medical history records and information related to 24 health or property insurance provided to the Department of 25 Economic Opportunity, the Florida Housing Finance Corporation, a 26 county, a municipality, or a local housing finance agency by an 27 applicant for or a participant in a federal, state, or local 28 housing assistance program are confidential and exempt from s. 29 119.07(1) and s. 24(a), Art. I of the State Constitution. 30 2. Records and information related to property photographs, 31 financial documents, or financial information provided to the 32 Department of Economic Opportunity, the Florida Housing Finance 33 Corporation, a county, a municipality, or a local housing 34 finance agency by or on behalf of an applicant for or a 35 participant in a federal, state, or local housing assistance 36 program for the purpose of disaster recovery assistance are 37 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 38 of the State Constitution. This subparagraph is subject to the 39 Open Government Sunset Review Act in accordance with s. 119.15 40 and shall stand repealed on October 2, 2025, unless reviewed and 41 saved from repeal through reenactment by the Legislature. 42 3. Governmental entities or their agents shall have access 43 to such confidential and exempt records and information for the 44 purpose of auditing federal, state, or local housing programs or 45 housing assistance programs. Such confidential and exempt 46 records and information may be used in any administrative or 47 judicial proceeding, provided such records are kept confidential 48 and exempt unless otherwise ordered by a court. 49 Section 2. (1) The Legislature finds that it is a public 50 necessity that records and information related to property 51 photographs, financial documents, or financial information of an 52 applicant for or a participant in a federal, state, or local 53 housing assistance program provided to the Department of 54 Economic Opportunity, the Florida Housing Finance Corporation, a 55 county, a municipality, or a local housing finance agency for 56 the purpose of disaster recovery assistance should be made 57 confidential and exempt from s. 119.07(1), Florida Statutes, and 58 s. 24 (a), Article I of the State Constitution. 59 (2) In response to a disaster, in an effort to determine 60 storm damage and ascertain the estimated cost of rehabilitation, 61 an agency may conduct a property inspection to observe and 62 record the presence of damage. The damage assessment data 63 collected may include interior and exterior photographs of such 64 individual’s residence. This information may be used to locate 65 the damaged property and identify and contact the property owner 66 or tenant. If released, this information may be used by 67 fraudulent contractors, predatory lenders, thieves, or 68 individuals seeking to impose on the vulnerability of a 69 distressed property owner or tenant following a disaster. 70 Therefore, it is necessary to protect this information to ensure 71 that sensitive information of people impacted by a disaster is 72 not released. 73 Section 3. This act shall take effect July 1, 2020.