Florida 2022 Regular Session

Florida House Bill H0735 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 735 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0735-00
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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; amending s. 402.88, 2
16	16	F.S.; providing an exemption from public records 3
17	17	requirements for all records, data, information, 4
18	18	correspondence, and communications relating to the 5
19	19	enrollment of persons in the registry of persons with 6
20	20	special needs; providing exceptions; authorizing law 7
21	21	enforcement agencies, county emergency management 8
22	22	agencies, and local fire departments to further 9
23	23	disclose confidential and exempt information under 10
24	24	certain circumstances; providing for future 11
25	25	legislative review and repeal of the exemption; 12
26	26	providing a statement of public necessity; providing 13
27	27	for retroactive application; providing a contingent 14
28	28	effective date. 15
29	29	16
30	30	Be It Enacted by the Legislature of the State of Florida: 17
31	31	18
32	32	Section 1. Subsection (3) is added to section 402.88, 19
33	33	Florida Statutes, as created by HB 733 or similar legislation, 20
34	34	to read: 21
35	35	402.88 Registry of persons with special needs in law 22
36	36	enforcement interactions; public records exemption. — 23
37	37	(3)(a) All records, data, information, correspondence, and 24
38	38	communications relating to the enrollment of persons as provided 25
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40	40	HB 735 2022
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44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0735-00
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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	in subsection (1) and such information included in any locally 26
52	52	maintained registry that is substantially similar to the 27
53	53	registry in subsection (1) are confidential and exempt from s. 28
54	54	119.07(1) and s. 24(a), Art. I of the State Constitution and may 29
55	55	not be disclosed except, upon request, to a law enforcement 30
56	56	agency, a county emergen cy management agency, or a local fire 31
57	57	department or as otherwise specifically authorized by this 32
58	58	section. 33
59	59	(b) A law enforcement agency, county emergency management 34
60	60	agency, or local fire department in possession of materials 35
61	61	described in paragraph (a) may further disclose information 36
62	62	contained in such materials to others not specifically listed 37
63	63	only as follows: 38
64	64	1. With the express written consent of the registry 39
65	65	enrollee or the legally authorized representative of such 40
66	66	enrollee; 41
67	67	2. In a medical emergen cy; 42
68	68	3. By court order upon a finding of good cause; 43
69	69	4. To another governmental agency in the performance of 44
70	70	its duties and responsibilities; or 45
71	71	5. In the interest of public safety, to assist in locating 46
72	72	the enrollee, or to promote the safety or well -being of the 47
73	73	enrollee, as determined by the law enforcement agency. 48
74	74	(c) This subsection is subject to the Open Government 49
75	75	Sunset Review Act in accordance with s. 119.15 and shall stand 50
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77	77	HB 735 2022
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0735-00
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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	repealed on October 2, 2027, unless reviewed and saved from 51
89	89	repeal through reenactment by the Legislature. 52
90	90	Section 2. The Legislature finds that it is a public 53
91	91	necessity to make all records, data, information, 54
92	92	correspondence, and communications relating to the enrollment of 55
93	93	persons in the registry of persons with specia l needs under s. 56
94	94	402.88, Florida Statutes, confidential and exempt from s. 57
95	95	119.07(1), Florida Statutes, and s. 24(a), Article I of the 58
96	96	State Constitution. Such records would likely include 59
97	97	confidential medical information and sensitive personal 60
98	98	information about the persons listed in the registry. The 61
99	99	potential disclosure of such information would deter persons 62
100	100	from being enrolled in the registry, which would then deprive 63
101	101	law enforcement officers of information that would better enable 64
102	102	them to interact with such persons in safe and appropriate ways. 65
103	103	Section 3. The exemption created in s. 402.88(3), Florida 66
104	104	Statutes, applies retroactively to such confidential and exempt 67
105	105	information held by a law enforcement agency, a county emergency 68
106	106	management agency, or a local fire department before the 69
107	107	effective date of this act. 70
108	108	Section 4. This act shall take effect on the same date 71
109	109	that HB 733 or similar legislation takes effect , if such 72
110	110	legislation is adopted in the same legislative sessio n or an 73
111	111	extension thereof and becomes a law. 74