Florida Senate - 2021 CS for SB 968 By the Committee on Governmental Oversight and Accountability; and Senator Gainer 585-03621-21 2021968c1 1 A bill to be entitled 2 An act relating to public records; amending s. 3 288.075, F.S.; providing an exemption from public 4 records requirements for certain information held by 5 an economic development agency; providing that such 6 information may be released in an aggregated and 7 anonymized format; providing for future legislative 8 review and repeal of the exemption; providing a 9 statement of public necessity; providing an effective 10 date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Present subsection (7) of section 288.075, 15 Florida Statutes, is redesignated as subsection (8), and a new 16 subsection (7) is added to that section, to read: 17 288.075 Confidentiality of records.— 18 (7) LOAN PROGRAMS.— 19 (a) The following information held by an economic 20 development agency pursuant to its administration of a state or 21 federally funded small business loan program is exempt from s. 22 119.07(1) and s. 24(a), Art. I of the State Constitution: 23 1. Tax returns. 24 2. Credit history information, credit reports, and credit 25 scores. 26 (b) This subsection does not prohibit the disclosure of 27 information held by an economic development agency pursuant to 28 its administration of a small business loan program in an 29 aggregated and anonymized format. 30 (c) This subsection is subject to the Open Government 31 Sunset Review Act in accordance with s. 119.15 and shall stand 32 repealed on October 2, 2026, unless reviewed and saved from 33 repeal through reenactment by the Legislature. 34 Section 2. The Legislature finds that it is a public 35 necessity that the tax returns and credit history information, 36 credit reports, and credit scores held by an economic 37 development agency pursuant to its administration of any state 38 or federally funded small business loan program be made exempt 39 from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of 40 the State Constitution. In order to assess the viability of 41 loans, an economic development agency may obtain sensitive 42 information of a borrower, including certain financial 43 information. If released, the sensitive information could be 44 used by fraudulent contractors, predatory lenders, thieves, or 45 individuals seeking to impose on the borrower. Therefore, it is 46 necessary that sensitive information held by an economic 47 development agency pursuant to its administration of any state 48 or federally funded small business loan program be protected to 49 ensure that borrowers are not harassed, intimidated, or 50 potentially defrauded. The Legislature finds the harm that may 51 result from the release of such sensitive information outweighs 52 the public benefit that may be derived from the disclosure of 53 the information. 54 Section 3. This act shall take effect July 1, 2021.