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