CS/HB 699 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to public records; creating s. 2
420.6231, F.S.; providing definitions; creating an 3
exemption from public records requirements for 4
individual identifying information contained in 5
certain homelessness counts and databases; providing 6
for retroactive application of the exemption; 7
providing construction; providing for future 8
legislative review and repeal of the exemption; 9
providing a statement of public necessity; providing a 10
directive to the Division of Law Revision; providing 11
an effective date. 12
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Be It Enacted by the Legislature of the State of Florida: 14
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Section 1. Section 420.6231, Florida Statutes, is created 16
to read: 17
420.6231 Individual identifying information in 18
homelessness counts and databases; public records exemption. — 19
(1) As used in this section, the term: 20
(a) "Individual identifying information" means information 21
that directly or indirectly identifies a specific per son, can be 22
manipulated to identify a specific person, or can be linked with 23
other available information to identify a specific person. 24
(b) "Point-in-Time Count" means an unduplicated count of 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
both the sheltered and unsheltered people in a community who are 26
experiencing homelessness. For purposes of this section, the 27
term includes all survey information received from such persons. 28
(2) Individual identifying information of a person 29
contained in a Point -in-Time Count or a homeless management 30
information system that is collected pursuant to 42 U.S.C. 119, 31
subchapter IV and 24 C.F.R. part 91, is confidential and exempt 32
from s. 119.07(1) and s. 24(a), Art. I of the State 33
Constitution. This exemption applies to individual identifying 34
information collected befo re, on, or after the effective date of 35
this act. This subsection is subject to the Open Government 36
Sunset Review Act in accordance with s. 119.15 and shall stand 37
repealed on October 2, 2027, unless reviewed and saved from 38
repeal through reenactment by the Legislature. 39
(3) This section does not preclude the release of 40
aggregate information in a Point -in-Time Count or data in a 41
homeless management information system that does not disclose 42
the individual identifying information of a person. 43
Section 2. (1) The Legislature finds that it is a public 44
necessity that the individual identifying information of a 45
person contained in a Point -in-Time Count or in a homeless 46
management information system collected pursuant to 42 U.S.C. 47
119, subchapter IV and 24 C.F.R . part 91, be made confidential 48
and exempt from public records requirements. 49
(2) Public knowledge of such information could lead to 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
discrimination against or ridicule of an individual which could 51
make such individual reluctant to seek assistance. Public 52
knowledge of such information may also create a greater risk of 53
injury to affected individuals who are survivors of domestic 54
violence or suffer from mental illness or substance abuse. 55
Additionally, public knowledge of such information may create a 56
heightened risk for fraud and identity theft to affected 57
individuals. 58
(3) The harm from disclosing the individual identifying 59
information of a person contained in a Point -in-Time Count or in 60
a homeless management information system outweighs any public 61
benefit that can be derived from widespread and unfettered 62
access to such information. The exemption is narrowly written so 63
that certain aggregate information may still be disclosed. 64
(4) Further, pursuant to 42 U.S.C. s. 11363, victim 65
service providers must prote ct the personally identifying 66
information about a client and may not disclose any personally 67
identifying information about a client for purposes of a 68
homeless management information system. 69
(5) For the foregoing reasons, the Legislature finds that 70
such information must be made confidential and exempt from 71
public records requirements. 72
Section 3. The Division of Law Revision is directed to 73
replace the phrase "the effective date of this act" wherever it 74
occurs in this act with the date this act becomes a law. 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 4. This act shall take effect upon becoming a law. 76