Florida Senate - 2021                              CS for SB 418
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Burgess
       
       
       
       
       585-03842-21                                           2021418c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         252.385, F.S.; creating an exemption from public
    4         records requirements for the addresses and telephone
    5         numbers of persons provided public emergency shelter
    6         during a storm or catastrophic event and held by the
    7         agency that provided the emergency shelter; providing
    8         for future legislative review and repeal of the
    9         exemption; providing a statement of public necessity;
   10         providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (5) is added to section 252.385,
   15  Florida Statutes, to read:
   16         252.385 Public shelter space; public records exemption.—
   17         (5) The address and telephone number of a person provided
   18  public emergency shelter during a storm or catastrophic event
   19  and held by the agency, as defined in s. 119.011, which provided
   20  the emergency shelter is exempt from s. 119.07(1) and s. 24(a),
   21  Art. I of the State Constitution. This subsection is subject to
   22  the Open Government Sunset Review Act in accordance with s.
   23  119.15 and shall stand repealed on October 2, 2026, unless
   24  reviewed and saved from repeal through reenactment by the
   25  Legislature.
   26         Section 2. The Legislature finds that it is a public
   27  necessity that the address and telephone number of a person who
   28  was provided public emergency shelter during a storm or other
   29  catastrophic event be made exempt from s. 119.07(1), Florida
   30  Statutes, and s. 24(a), Article I of the State Constitution.
   31  Emergency shelters are made available to the public to provide a
   32  safe place of accommodation before, during, and immediately
   33  following storms or other catastrophic events. During these
   34  emergency events, those affected are in a vulnerable state, as
   35  they have voluntarily displaced themselves from their residences
   36  and possessions to seek refuge. The information submitted to an
   37  agency by such a person seeking emergency shelter during a storm
   38  or other catastrophic event could be used by persons seeking to
   39  take advantage of their vulnerability during or following the
   40  emergency. In addition, those seeking emergency shelter for
   41  their safety and the safety of their families should not be
   42  forced to forfeit their privacy for the sake of such safety.
   43  Therefore, the Legislature finds that the need to protect the
   44  addresses and telephone numbers of individuals seeking emergency
   45  shelter is sufficiently compelling to override this state’s
   46  public policy of open government and that the protection of such
   47  information cannot be accomplished without this exemption.
   48         Section 3. This act shall take effect upon becoming a law.