Florida 2023 Regular Session

Florida House Bill H1277 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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2		-	~~ENROLLED~~
3		-	CS/HB 1277 2023 ~~Legislature~~
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	3	+	CS/HB 1277 2023
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7	7		CODING: Words stricken are deletions; words underlined are additions.
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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		-	1
	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 a definition for the term "persons 3
17	17		with disabilities registry"; exempting from public 4
18	18		records requirements all records and personal 5
19	19		identifying information relating to the enrollment of 6
20	20		persons in a persons with disabilities registry and to 7
21	21		persons enrolled in a persons with disabilities 8
22	22		registry held by a local law enforcement agency; 9
23	23		providing for retroactive application; authorizing 10
24	24		local law enforcement agencies to disclose 11
25	25		confidential and exempt information to certain persons 12
26	26		under certain circumstances; providing for the exempt 13
27	27		status of such information held by those individuals 14
28	28		and entities to be maintained; providing for future 15
29	29		legislative review and repeal of the exemption; 16
30	30		providing a statement of public necessity; providing a 17
31	31		contingent effective date. 18
32	32		19
33	33		Be It Enacted by the Legislature of the State of Florida: 20
34	34		21
35	35		Section 1. Subsection (4) is added to section 402.88, 22
36	36		Florida Statutes, as created by HB 1275 or similar legislation, 23
37	37		to read: 24
38	38		402.88 Persons with Disabilities Registry ; public records 25
39		-	~~ENROLLED~~
40		-	CS/HB 1277 2023 ~~Legislature~~
	39	+
	40	+	CS/HB 1277 2023
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42	42
43	43
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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49	49
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51	51		exemption.— 26
52	52		(4)(a) All records and personal identifying information 27
53	53		relating to the enrollment of persons in a persons with 28
54	54		disabilities registry held by a local law enforcement agency are 29
55	55		confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 30
56	56		of the State Constitution. It is the intent of the Legislature 31
57	57		that this exemption apply to persons with disabilities 32
58	58		registries held by a local law enforcement agency before, on, or 33
59	59		after the effective date of this paragraph. This paragraph is 34
60	60		subject to the Open Government Sunset Review Act in accordance 35
61	61		with s. 119.15 and shall stan d repealed on October 2, 2028, 36
62	62		unless reviewed and saved from repeal through reenactment by the 37
63	63		Legislature. 38
64	64		(b) Information made confidential and exempt by this 39
65	65		subsection may be disclosed upon a showing of good cause before 40
66	66		a court of competent jurisd iction, or in furtherance of the 41
67	67		official duties and responsibilities of the agency holding the 42
68	68		information, to: 43
69	69		1. Another local law enforcement agency; 44
70	70		2. A county emergency management agency; 45
71	71		3. A local fire department; or 46
72	72		4. Another local, stat e, or federal agency. 47
73	73		(c) The entities or persons receiving such information 48
74	74		shall maintain the exempt status of the information. 49
75	75		Section 2. The Legislature finds that it is a public 50
76		-	~~ENROLLED~~
77		-	CS/HB 1277 2023 ~~Legislature~~
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	77	+	CS/HB 1277 2023
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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		necessity to make all records and personal identifying 51
89	89		information relating to the enrollment of persons in the Persons 52
90	90		with Disabilities Registry under s. 402.88, Florida Statutes, 53
91	91		confidential and exempt from s. 119.07(1), Florida Statutes, and 54
92	92		s. 24(a), Article I of the State Constitution. The Legislature 55
93	93		recognizes that criminals often target individuals who have the 56
94	94		same conditions as those enrolled in a persons with disabilities 57
95	95		registry in acts of abuse or exploitation. The Legislature 58
96	96		further recognizes that records relating to enrollment in a 59
97	97		persons with disabil ities registry would include personal 60
98	98		medical information about the persons listed in a persons with 61
99	99		disabilities registry. Therefore, the Legislature finds that the 62
100	100		disclosure of such information would deter persons from being 63
101	101		enrolled in a persons with d isabilities registry, which would 64
102	102		prevent local law enforcement agencies from effectively and 65
103	103		efficiently administering a persons with disabilities registry. 66
104	104		The Legislature further finds that the release of personal 67
105	105		identifying information of an individua l in a persons with 68
106	106		disabilities registry could jeopardize the safety of such 69
107	107		individuals. The harm from disclosing the personal identifying 70
108	108		information of an individual contained in a persons with 71
109	109		disabilities registry outweighs any public benefit that ca n be 72
110	110		derived from widespread and unfettered access to such 73
111	111		information. The exemption is narrowly written so that a local 74
112	112		law enforcement agency may share the personal information of an 75
113		-	~~ENROLLED~~
114		-	CS/HB 1277 2023 ~~Legislature~~
	113	+
	114	+	CS/HB 1277 2023
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116	116
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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		individual enrolled in a persons with disabilities registry with 76
126	126		other local law enforcement agencies, county emergency 77
127	127		management agencies, local fire departments, and other local, 78
128	128		state, or federal agencies in furtherance of that agency's 79
129	129		official duties and responsibilities. Providing information in a 80
130	130		persons with disabil ities registry to these agencies is 81
131	131		necessary for the goal of a persons with disabilities registry 82
132	132		to be achieved, which is to create safer interactions between 83
133	133		these agencies and individuals with certain conditions. 84
134	134		Section 3. This act shall take eff ect on the same date 85
135	135		that HB 1275 or similar legislation takes effect , if such 86
136	136		legislation is adopted in the same legislative session or an 87
137	137		extension thereof and becomes a law. 88