Florida Senate - 2022 SB 938
By Senator Baxley
12-00902-22 2022938__
1 A bill to be entitled
2 An act relating to public records; amending s.
3 16.7121, F.S.; providing an exemption from public
4 records requirements for records containing personal
5 identifying information of a person who is seeking
6 assistance through the Compulsive and Addictive
7 Gambling Prevention Program; providing for a future
8 legislative review and repeal of the exemption;
9 providing a statement of public necessity; providing a
10 contingent effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Present subsection (6) of section 16.7121,
15 Florida Statutes, as created by SB ____, 2022 Regular Session,
16 is redesignated as subsection (7) and a new subsection (6) is
17 added to that section, to read:
18 16.7121 Compulsive and Addictive Gambling Prevention
19 Program.—
20 (6) The personal identifying information of a person who is
21 seeking assistance through the Compulsive and Addictive Gambling
22 Prevention Program is confidential and exempt from the
23 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
24 Constitution. This subsection is subject to the Open Government
25 Sunset Review Act in accordance with s. 119.15 and shall stand
26 repealed on October 2, 2027, unless reviewed and saved from
27 repeal through reenactment by the Legislature.
28 Section 2. The Legislature finds that, as reflected in s.
29 16.7121(1), Florida Statutes, it is an important public policy
30 of the state to recognize and mitigate the adverse impact of
31 compulsive and addictive gambling behaviors. Even though such
32 behaviors impact many people throughout society, it is still
33 highly stigmatized. That social stigma prevents people from
34 taking steps to seek out information and resources that would
35 help them. In order to encourage people to seek assistance from
36 the Compulsive and Addictive Gambling Prevention Program, it is
37 important that their personal identifying information remains
38 confidential and exempt. The Legislature therefore finds that it
39 is a public necessity that the personal identifying information
40 of a person seeking assistance through the Compulsive and
41 Addictive Gambling Prevention Program be made exempt from s.
42 119.07(1), Florida Statutes, and s. 24(a), Article I of the
43 State Constitution. The Legislature further finds that the need
44 to protect this information is sufficiently compelling to
45 override the state’s public policy of open government and that
46 the protection of such information cannot be accomplished
47 without this exemption.
48 Section 3. This act shall take effect on the same date that
49 SB ____ or similar legislation takes effect, if such legislation
50 is adopted in the same legislative session or an extension
51 thereof and becomes a law.