Florida 2022 Regular Session

Florida House Bill H0699 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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3		-	~~CS/~~HB 699 2022
	3	+	HB 699 2022
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7	7		CODING: Words stricken are deletions; words underlined are additions.
8		-	hb0699-~~01-c1~~
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9	9		Page 1 of 4
10	10		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
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14	14		A bill to be entitled 1
15	15		An act relating to public records; creating s. 2
16	16		420.6231, F.S.; providing definitions; creating an 3
17	17		exemption from public records requirements for 4
18	18		individual identifying information contained in 5
19	19		certain homelessness counts and databases; providing 6
20	20		for retroactive application of the exemption; 7
21	21		providing construction; providing for future 8
22	22		legislative review and repeal of the exemption; 9
23	23		providing a statement of public necessity; providing a 10
24	24		directive to the Division of Law Revision; providing 11
25	25		an effective date. 12
26	26		13
27	27		Be It Enacted by the Legislature of the State of Florida: 14
28	28		15
29	29		Section 1. Section 420.6231, Florida Statutes, is created 16
30	30		to read: 17
31	31		420.6231 Individual identifying information in 18
32	32		homelessness counts and databases; public records exemption. — 19
33	33		(1) As used in this section, the term: 20
34	34		(a) "Individual identifying information" means information 21
35	35		that directly or indirectly identifies a specific person, can be 22
36	36		manipulated to identify a specific person, or can be linked with 23
37	37		other available information to ide ntify a specific person. 24
38	38		(b) "Point-in-Time Count" means an unduplicated count of 25
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	40	+	HB 699 2022
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44	44		CODING: Words stricken are deletions; words underlined are additions.
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47	47		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
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51	51		both the sheltered and unsheltered people in a community who are 26
52	52		experiencing homelessness. For purposes of this section, the 27
53	53		term includes all survey information received from such persons. 28
54	54		(2) Individual identifying information of a person 29
55	55		contained in a Point -in-Time Count or a homeless management 30
56	56		information system that is collected pursuant to 42 U.S.C. 119, 31
57	57		subchapter IV and 24 C.F.R. part 91, is confidential and exe mpt 32
58	58		from s. 119.07(1) and s. 24(a), Art. I of the State 33
59	59		Constitution. This exemption applies to individual identifying 34
60	60		information collected before, on, or after the effective date of 35
61	61		this act. This subsection is subject to the Open Government 36
62	62		Sunset Review Act in accordance with s. 119.15 and shall stand 37
63		-	repealed on October 2, ~~2027~~, unless reviewed and saved from 38
	63	+	repealed on October 2, 2026, unless reviewed and saved from 38
64	64		repeal through reenactment by the Legislature. 39
65	65		(3) This section does not preclude the release of 40
66	66		aggregate information in a Point -in-Time Count or data in a 41
67	67		homeless management information system that does not disclose 42
68	68		the individual identifying information of a person. 43
69	69		Section 2. (1) The Legislature finds that it is a public 44
70	70		necessity that the individual identifying information of a 45
71	71		person contained in a Point -in-Time Count or in a homeless 46
72	72		management information system collected pursuant to 42 U.S.C. 47
73	73		119, subchapter IV and 24 C.F.R. part 91, be made confidential 48
74	74		and exempt from public records requirements. 49
75	75		(2) Public knowledge of such inf ormation could lead to 50
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	77	+	HB 699 2022
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79	79
80	80
81	81		CODING: Words stricken are deletions; words underlined are additions.
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84	84		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
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88	88		discrimination against or ridicule of an individual which could 51
89	89		make such individual reluctant to seek assistance. Public 52
90	90		knowledge of such information may also create a greater risk of 53
91	91		injury to affected individuals who are survivor s of domestic 54
92	92		violence or suffer from mental illness or substance abuse. 55
93	93		Additionally, public knowledge of such information may create a 56
94	94		heightened risk for fraud and identity theft to affected 57
95	95		individuals. 58
96	96		(3) The harm from disclosing the individual ide ntifying 59
97	97		information of a person contained in a Point -in-Time Count or in 60
98	98		a homeless management information system outweighs any public 61
99	99		benefit that can be derived from widespread and unfettered 62
100	100		access to such information. The exemption is narrowly written so 63
101	101		that certain aggregate information may still be disclosed. 64
102	102		(4) Further, pursuant to 42 U.S.C. s. 11363, victim 65
103	103		service providers must protect the personally identifying 66
104	104		information about a client and may not disclose any personally 67
105	105		identifying information about a client for purposes of a 68
106	106		homeless management information system. 69
107	107		(5) For the foregoing reasons, the Legislature finds that 70
108	108		such information must be made confidential and exempt from 71
109	109		public records requirements. 72
110	110		Section 3. The Division of Law Revision is directed to 73
111	111		replace the phrase "the effective date of this act" wherever it 74
112	112		occurs in this act with the date this act becomes a law. 75
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	114	+	HB 699 2022
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118	118		CODING: Words stricken are deletions; words underlined are additions.
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121	121		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
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125	125		Section 4. This act shall take effect upon becoming a law. 76