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