Florida Senate - 2023 CS for SB 786 By the Committee on Children, Families, and Elder Affairs; and Senator Burgess 586-03104-23 2023786c1 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 784 or similar legislation, 22 2023 Regular Session, 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 784 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.