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.