This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1277a.CFS
DATE: 3/21/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1277 Pub. Rec./Persons with Disabilities Registry
SPONSOR(S): Plasencia
TIED BILLS: HB 1275 IDEN./SIM. BILLS: SB 786
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Children, Families & Seniors Subcommittee 17 Y, 0 N Guzzo Brazzell
2) Ethics, Elections & Open Government
Subcommittee
3) Health & Human Services Committee
SUMMARY ANALYSIS
Current law does not expressly authorize or prohibit a local law enforcement agency from establishing a
registry for individuals with certain developmental, mental, neurological, psychological, emotional, or cognitive
impairments to voluntarily enroll. Some local law enforcement agencies have developed and implemented
disability registries in an attempt to create safer interactions between law enforcement and individuals with
such conditions. Enrollment in such a registry usually consists of certain information voluntarily submitted by an
individual, including the individual’s identifying information and the condition they have that may be relevant to
their interactions with law enforcement officers. Currently, all records and personal identifying information
contained in a disability registry are public records.
HB 1275 creates uniform requirements for the operation of Persons with Disabilities Registries by law
enforcement agencies. It specifies who is authorized to enroll an individual in a registry and who may disenroll
an individual from a registry. The bill also authorizes a Persons with Disabilities Registry to include an
enrollee’s personal identifying information and disability or condition that may be relevant to interactions with
law enforcement officers. The release of such information could be harmful to the enrollee.
This bill, which is linked to the passage of HB 1275, creates a public record exemption for all records and
personal identifying information relating to the enrollment of individuals in a persons with disabilities registry
held by a local law enforcement agency.
The bill provides that the public record exemption is subject to the Open Government Sunset Review Act and
will repeal on October 2, 2028, unless reviewed and saved from repeal by the Legislature. It also provides a
statement of public necessity as required by the Florida Constitution.
The bill has no fiscal impact on state or local governments.
The bill will become effective on the same date that HB 1275 or similar legislation takes effect, if such
legislation is adopted in the same legislative session or an extension thereof and becomes law.
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded public record or public meeting exemption.
The bill creates a public record exemption; thus, it requires a two-thirds vote for final passage. STORAGE NAME: h1277a.CFS PAGE: 2
DATE: 3/21/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Public Records
Article I, s. 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to
government records. This section guarantees every person a right to inspect or copy any public record
of the legislative, executive, and judicial branches of government. The Legislature, however, may
provide by general law for the exemption of records from the requirements of art. I, s. 24(a) of the
Florida Constitution.
1
The general law must state with specificity the public necessity justifying the
exemption
2
and must be no broader than necessary to accomplish its purpose.
3
Public policy regarding access to government records is addressed further in s. 119.07(1), F.S., which
guarantees every person a right to inspect and copy any state, county, or municipal record, unless the
record is exempt. Furthermore, the Open Government Sunset Review Act
4
provides that a public
record or public meeting exemption may be created or maintained only if it serves an identifiable public
purpose. An identifiable public purpose is served if the exemption meets one of the following
purposes:
5
Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption.
Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision.
Protect trade or business secrets.
The Open Government Sunset Review Act requires the automatic repeal of a newly created public
record exemption on October 2nd of the fifth year after creation or substantial amendment, unless the
Legislature reenacts the exemption.
6
Persons with Disabilities Registries
HB 1275 creates uniform requirements for the operation of Persons with Disabilities Registries by law
enforcement agencies. The bill requires proof of the individual’s diagnosed and certified condition prior
to enrollment in a registry. The bill defines condition as a developmental, mental, neurological,
psychological, emotional, or cognitive impairment, illness, or disability, including, but not limited to
autism spectrum disorder, Alzheimer’s disease or a dementia-related disorder, Parkinson’s disease,
progressive supranuclear palsy, epilepsy, bipolar disorder, or Down syndrome. The bill specifies that
conditions manifested by substance abuse are not authorized conditions for the purposes of the bill.
The bill requires law enforcement agencies to enroll and disenroll individuals in Persons with
Disabilities Registries as follows:
An adult may enroll and disenroll themselves;
An adult may also be enrolled and disenrolled by their guardian advocate—the local law
enforcement agency must notify the individual of their enrollment within 5 business days; and
1
Article I, s. 24(c), Fla. Const.
2
This portion of a public record exemption is commonly referred to as a “public necessity statement.”
3
Article I, s. 24(c), FLA. CONST.
4
Section 119.15, F.S.
5
Section 119.15(6)(b), F.S.
6
Section 119.15(3), F.S. STORAGE NAME: h1277a.CFS PAGE: 3
DATE: 3/21/2023
A minor may be enrolled and disenrolled by their parent or legal guardian—the local law
enforcement agency must notify the individual of their enrollment in writing within 5 business
days of the enrollee’s 18
th
birthday.
A local law enforcement agency must remove an individual from a registry within 5 business days of an
enrollee’s verbal or written request for removal.
The bill requires a registry to include certain information, including, but not limited to:
The enrollee’s name, address, contract information, personal identifying information, and
condition that may be relevant to interactions with law enforcement officers;
The name, address, contact information, and personal identifying information of a parent, legal
guardian, or guardian advocate who enrolled an individual; and
The certification of the condition.
HB 1275 authorizes a local law enforcement agency to provide access to their disability registry, and
relevant information from the registry, to a law enforcement officer engaged in his or her official duties.
Effect of the Bill
HB 1277 creates a public record exemption for all records and personal identifying information relating
to the enrollment of individuals in a persons with disabilities registry held by a local law enforcement
agency. Additionally, the bill provides that information made confidential and exempt may be disclosed
upon a showing of good cause before a court of competent jurisdiction, or in furtherance of the official
duties and responsibilities of the agency holding the information, to:
Another local law enforcement agency;
A county emergency management agency;
A local fire department; or
Another local, state, or federal agency.
Further, the entities or persons receiving such information shall maintain the exempt status of the
information.
The bill provides that the public record exemption is subject to the Open Government Sunset Review
Act and will stand repealed on October 2, 2028, unless saved from repeal by reenactment by the
Legislature.
The bill provides a public necessity statement for the public record exemption, as required by the State
Constitution. It states that the Legislature recognizes that criminals often target individuals who have
the same conditions as those enrolled in a persons with disabilities registry in acts of abuse or
exploitation. The Legislature further recognizes that records relating to enrollment in a persons with
disabilities registry would include personal medical information about the persons listed in the registry.
Therefore, the Legislature finds that the disclosure of such information would deter persons from being
enrolled in a persons with disabilities registry, which would prevent local law enforcement agencies
from effectively and efficiently administering that registry. The Legislature further finds that the release
of personal identifying information of an individual in a persons with disabilities registry could jeopardize
the safety of such individuals. The harm from disclosing that personal identifying information outweighs
any public benefit that can be derived from widespread and unfettered access to such information. The
exemption is narrowly written so that a local law enforcement agency may share the personal
information of an individual enrolled in a persons with disabilities registry with other local law
enforcement agencies, county emergency management agencies, local fire departments, and other
local, state, or federal agencies in furtherance of that agency's official duties and responsibilities.
Providing information in a persons with disabilities registry to these agencies is necessary for the goal
of such a registry to be achieved, which is to create safer interactions between these agencies and
individuals with certain conditions.
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DATE: 3/21/2023
The effective date of the bill is the same date that HB 1275 or similar legislation takes effect, if such
legislation is adopted in the same legislative session or an extension thereof and becomes law.
B. SECTION DIRECTORY:
Section 1: Creates s. 402.88, F.S., relating to Special Persons with Disabilities Registry in interactions
with law enforcement; public records exemption.
Section 2: Provides a public necessity statement as required by the State Constitution.
Section 3: Provides that the bill is effective on the same date that HB 1275 (2023) or similar legislation
takes effect.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
STORAGE NAME: h1277a.CFS PAGE: 5
DATE: 3/21/2023
2. Other:
Vote Requirement
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded public record or public meeting exemption.
The bill creates a public record exemption; thus, it requires a two-thirds vote for final passage.
Public Necessity Statement
Article I, s. 24(c) of the Florida Constitution requires a public necessity statement for a newly created
or expanded public record or public meeting exemption. The bill creates a public record exemption;
thus, it includes a public necessity statement.
Breadth of Exemption
Article I, s. 24(c) of the State Constitution provides that an exemption must be created by general law
and the law must contain only exemptions from public record or public meeting requirements. The
exemption does not appear to be in conflict with the constitutional requirement.
B. RULE-MAKING AUTHORITY:
This bill does not create a need for rule-making or rule-making authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES