Bill Text: FL S0966 | 2020 | Regular Session | Enrolled
Bill Title: Public Records/Disaster Recovery Assistance
Spectrum: Bipartisan Bill
Status: (Passed) 2020-06-19 - Chapter No. 2020-34 [S0966 Detail]
Download: Florida-2020-S0966-Enrolled.html
ENROLLED 2020 Legislature CS for SB 966, 1st Engrossed 2020966er 1 2 An act relating to public records; amending s. 3 119.071, F.S.; providing an exemption from public 4 records requirements for property photographs and 5 personal identifying information provided to specified 6 entities by certain persons for the purpose of 7 disaster recovery assistance; authorizing access to 8 such records and information for certain purposes; 9 providing for future legislative review and repeal of 10 the exemption; providing a statement of public 11 necessity; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraph (f) of subsection (5) of section 16 119.071, Florida Statutes, is amended to read: 17 119.071 General exemptions from inspection or copying of 18 public records.— 19 (5) OTHER PERSONAL INFORMATION.— 20 (f)1. The following information held by the Department of 21 Economic Opportunity, the Florida Housing Finance Corporation, a 22 county, a municipality, or a local housing finance agency is 23 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 24 of the State Constitution: 25 a. Medical history records and information related to 26 health or property insurance providedto the Department of27Economic Opportunity, the Florida Housing Finance Corporation, a28county, a municipality, or a local housing finance agencyby an 29 applicant for or a participant in a federal, state, or local 30 housing assistance programare confidential and exempt from s.31119.07(1) and s. 24(a), Art. I of the State Constitution. 32 b. Property photographs and personal identifying 33 information of an applicant for or a participant in a federal, 34 state, or local housing assistance program for the purpose of 35 disaster recovery assistance for a presidentially declared 36 disaster. 37 2. Governmental entities or their agents shall have access 38 to such confidential and exempt records and information for the 39 purpose of auditing federal, state, or local housing programs or 40 housing assistance programs. 41 3. Such confidential and exempt records and information may 42 be used in any administrative or judicial proceeding, provided 43 such records are kept confidential and exempt unless otherwise 44 ordered by a court. 45 4. Sub-subparagraph 1.b. is subject to the Open Government 46 Sunset Review Act in accordance with s. 119.15 and shall stand 47 repealed on October 2, 2025, unless reviewed and saved from 48 repeal through reenactment by the Legislature. 49 Section 2. The Legislature finds that it is a public 50 necessity that property photographs and personal identifying 51 information of an applicant for or participant in a federal, 52 state, or local housing assistance program for the purpose of 53 disaster recovery assistance for a presidentially declared 54 disaster, held by the Department of Economic Opportunity, the 55 Florida Housing Finance Corporation, a county, a municipality, 56 or a local housing finance agency, be made confidential and 57 exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 58 Article I of the State Constitution. In response to a disaster, 59 an agency, in an effort to determine damage and ascertain the 60 estimated cost of rehabilitation, may conduct a property 61 inspection to observe and record damage to the property. This 62 information may be used to locate the damaged property and to 63 identify and contact the property owner or tenant. Following a 64 disaster, the people affected are vulnerable and frequently 65 displaced due to the severely damaged and often uninhabitable 66 condition of their residences. If released, property photographs 67 and personal identifying information could be used by fraudulent 68 contractors, predatory lenders, thieves, or individuals seeking 69 to impose on the vulnerability of the distressed property owner 70 or tenant following a disaster. Therefore, it is necessary that 71 property photographs and personal identifying information be 72 protected to ensure that those affected by a disaster are not 73 harassed, intimidated, or potentially defrauded. 74 Section 3. This act shall take effect July 1, 2020.