Florida Senate - 2023                                     SB 786
       
       
        
       By Senator Burgess
       
       
       
       
       
       23-00275-23                                            2023786__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 402.88,
    3         F.S.; providing an exemption from public records
    4         requirements for all records, data, information,
    5         correspondence, and communications relating to and
    6         submitted in connection with the enrollment of persons
    7         in the Special Persons Registry maintained by local
    8         law enforcement agencies; providing exceptions;
    9         prohibiting law enforcement agencies, county emergency
   10         management agencies, and local fire departments from
   11         further disclosing confidential and exempt
   12         information; providing exceptions; providing for
   13         future legislative review and repeal of the exemption;
   14         providing a statement of public necessity; providing
   15         for retroactive application; providing a contingent
   16         effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (4) is added to section 402.88,
   21  Florida Statutes, as created by SB ___ or similar legislation,
   22  to read:
   23         402.88 Special Persons Registry in interactions with law
   24  enforcement; public records exemption.—
   25         (4)(a) All records, data, information, correspondence, and
   26  communications relating to and submitted in connection with the
   27  enrollment of a person in the registry as provided in subsection
   28  (1) and such information included in any locally maintained
   29  registry that is substantially similar to the registry in
   30  subsections (1) and (2) are confidential and exempt from s.
   31  119.07(1) and s. 24(a), Art. I of the State Constitution and may
   32  not be disclosed except, upon request, to a law enforcement
   33  agency, a county emergency management agency, or a local fire
   34  department or as otherwise specifically authorized by this
   35  section.
   36         (b) A law enforcement agency, county emergency management
   37  agency, or local fire department in possession of materials or
   38  information described in paragraph (a) may not further disclose
   39  the materials or information contained therein to others except
   40  in the following circumstances:
   41         1. With the express written consent of the registry
   42  enrollee or the legally authorized representative of such
   43  enrollee;
   44         2. In a medical emergency;
   45         3. By court order, upon a finding of good cause;
   46         4. To another governmental agency in the performance of its
   47  duties and responsibilities; or
   48         5. In the interest of public safety, to assist in locating
   49  the enrollee, or to promote the safety or well-being of the
   50  enrollee, as determined by the law enforcement agency.
   51         (c) This subsection is subject to the Open Government
   52  Sunset Review Act in accordance with s. 119.15 and shall stand
   53  repealed on October 2, 2028, unless reviewed and saved from
   54  repeal through reenactment by the Legislature.
   55         Section 2. The Legislature finds that it is a public
   56  necessity that all records, data, information, correspondence,
   57  and communications relating to or submitted in connection with
   58  the enrollment of persons in the Special Persons Registry under
   59  s. 402.88, Florida Statutes, be made confidential and exempt
   60  from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
   61  the State Constitution. Such materials would likely include
   62  confidential medical information and sensitive personal
   63  information about the enrollees. The potential disclosure of
   64  such information would deter persons from being enrolled in the
   65  registry, which would deprive law enforcement officers of
   66  information that would better enable them to interact with such
   67  persons in safe and appropriate ways.
   68         Section 3. The exemption created in s. 402.88(4), Florida
   69  Statutes, applies retroactively to such confidential and exempt
   70  information held by a law enforcement agency, a county emergency
   71  management agency, or a local fire department before, on, or
   72  after the effective date of this act.
   73         Section 4. This act shall take effect on the same date that
   74  SB ___ or similar legislation takes effect, if such legislation
   75  is adopted in the same legislative session or an extension
   76  thereof and becomes a law.