Florida Senate - 2024                       CS for CS for SB 988
       
       
        
       By the Committees on Rules; and Banking and Insurance; and
       Senator Martin
       
       
       
       
       595-03108-24                                           2024988c2
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         215.5587, F.S.; providing an exemption from public
    4         records requirements for certain information contained
    5         in applications and home inspection reports submitted
    6         by applicants to the Department of Financial Services
    7         as a part of the My Safe Florida Home Program;
    8         providing retroactive applicability; providing for
    9         future legislative review and repeal of the exemption;
   10         providing a statement of public necessity; providing
   11         an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 215.5587, Florida Statutes, is created
   16  to read:
   17         215.5587 My Safe Florida Home Program; public records
   18  exemption.—
   19         (1) All of the following information contained in
   20  applications and home inspection reports submitted by applicants
   21  as part of the My Safe Florida Home Program under s. 215.5586 is
   22  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   23  Constitution:
   24         (a) The components of the applicant’s mailing address other
   25  than the city and zip code and the applicant’s name.
   26         (b) Any phone number or e-mail address provided by the
   27  applicant.
   28         (c) Detailed descriptions and pictures of the inside and
   29  outside of applicant’s homes.
   30         (2) This exemption applies retroactively to applications
   31  and home inspection reports submitted before, on, or after the
   32  effective date of this exemption.
   33         (3) This section is subject to the Open Government Sunset
   34  Review Act in accordance with s. 119.15 and shall stand repealed
   35  on October 2, 2029, unless reviewed and saved from repeal
   36  through reenactment by the Legislature.
   37         Section 2. The Legislature finds that it is a public
   38  necessity that the following information contained in
   39  applications and home inspection reports submitted by applicants
   40  as part of the My Safe Florida Home Program be made exempt from
   41  s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
   42  State Constitution: an applicant’s name, certain components of
   43  his or her mailing address, an applicant’s phone number or e
   44  mail address, as well as descriptions and pictures of the inside
   45  and outside of an applicant’s home. The Legislature further
   46  finds that it is a public necessity that the public records
   47  exemption be applied retroactively. More than 99 percent of all
   48  home inspections and grant applications are completed
   49  electronically or by phone. Under current law, My Safe Florida
   50  Home Program applications and home inspection reports are public
   51  records and can be obtained by anyone for any purpose. This
   52  information is unique to each individual and can be used for
   53  identity theft, consumer scams, unwanted solicitations, or other
   54  invasive contact. Additionally, My Safe Florida Home Program
   55  applications and home inspection reports contain detailed
   56  descriptions and pictures of the inside and outside of
   57  applicants’ homes, including private areas, points of entry, and
   58  other vulnerabilities. The public availability of this
   59  information puts participants in the My Safe Florida Home
   60  Program at increased risk of home invasions and reduces privacy
   61  in their homes. These risks may be significantly limited by
   62  making such information contained in My Safe Florida Home
   63  Program applications and home inspection reports exempt from
   64  public records requirements.
   65         Section 3. This act shall take effect upon becoming a law.