Florida 2023 2023 Regular Session

Florida Senate Bill S0786 Analysis / Analysis

Filed 03/24/2023

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Children, Families, and Elder Affairs  
 
BILL: SB 786 
INTRODUCER:  Senator Burgess 
SUBJECT:  Public Records/Special Persons Registry 
DATE: March 24, 2023 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Delia Cox CF Pre-meeting 
2.     CJ  
3.     RC  
 
I. Summary: 
SB 786 creates an exemption from the public records requirements of s. 119.07(1), F.S., and 
section 24(a), Art. I of the Florida Constitution for the following information relating to the 
enrollment of individuals on the Special Needs Registry (SNR) created by SB 784: 
 Records; 
 Data; 
 Information; 
 Correspondence; and 
 Communications. 
 
The bill also applies the exemption to any locally maintained registry that is substantially similar 
to the SNR. The bill specifies that such information may not be disclosed except, upon request, 
to: 
 A law enforcement agency; 
 A county emergency management agency; 
 A local fire department; or 
 As otherwise specifically authorized by the bill. 
 
The bill provides for an Open Government Sunset Review and contains a statement of public 
necessity as required by the State Constitution. 
 
The bill also applies the exemption retroactively to confidential and exempt information held by 
one of the agency entities listed above before the effective date of the act. 
 
The bill is not expected to have a fiscal impact. See Section V. Fiscal Impact Statement. 
 
REVISED:   BILL: SB 786   	Page 2 
 
The bill provides that the act shall take effect on the same date that SB 784 or similar legislation 
takes effect, if such legislation is adopted in the same legislative session or an extension thereof 
and becomes law. SB 784 has an effective date of January 1, 2024. 
II. Present Situation: 
Public Records Law 
The State Constitution provides that the public has the right to inspect or copy records made or 
received in connection with official governmental business.
1
 This applies to the official business 
of any public body, officer, or employee of the state, including all three branches of state 
government, local governmental entities, and any person who acts on behalf of the government.
2
  
 
Chapter 119, F.S., known as the Public Records Act, constitutes the main body of public records 
laws.
3
 The Public Records Act states that: 
 
[i]t is the policy of this state that all state, county, and municipal records are open 
for personal inspection and copying by any person. Providing access to public 
records is a duty of each agency.
4
 
 
The Public Records Act typically contains general exemptions that apply across agencies. 
Agency- or program-specific exemptions often are placed in the substantive statutes that 
relate to that particular agency or program.  
 
The Public Records Act does not apply to legislative or judicial records.
5
 Legislative records are 
public pursuant to s. 11.0431, F.S. Public records exemptions for the Legislature are codified 
primarily in s. 11.0431(2)-(3), F.S., and adopted in the rules of each house of the legislature. 
  
Section 119.011(12), F.S., defines “public records” to include: 
 
[a] ll documents, papers, letters, maps, books, tapes, photographs, films, 
sound recordings, data processing software, or other material, regardless of 
the physical form, characteristics, or means of transmission, made or 
received pursuant to law or ordinance or in connections with the transaction 
of official business by any agency. 
 
The Florida Supreme Court has interpreted this definition to encompass all materials made or 
received by an agency in connection with official business which are used to “perpetuate, 
communicate, or formalize knowledge of some type.”
6
  
 
                                                
1
 FLA. CONST., art. I, s. 24(a). 
2
 Id.  
3
 Public records laws are found throughout the Florida Statutes.  
4
 Section 119.01(1), F.S.  
5
 Locke v. Hawkes, 595 So. 2d 32, 34 (Fla. 1992); see also Times Pub. Co. v. Ake, 660 So. 2d 255 (Fla. 1995). 
6
 Shevin v. Byron, Harless, Schaffer, Reid and Assoc. Inc., 379 So. 2d 633, 640 (Fla. 1980).    BILL: SB 786   	Page 3 
 
The Florida Statutes specify conditions under which public access to governmental records must 
be provided. The Public Records Act guarantees every person’s right to inspect and copy any 
state or local government public record at any reasonable time, under reasonable conditions, and 
under supervision by the custodian of the public record.
7
 A violation of the Public Records Act 
may result in civil or criminal liability.
8
   
 
Only the Legislature may create an exemption to public records requirements.
9
 An exemption 
must be created by general law and must specifically state the public necessity which justifies the 
exemption.
10
 Further, the exemption must be no broader than necessary to accomplish the stated 
purpose of the law. A bill that enacts an exemption may not contain other substantive 
provisions
11
 and must pass by a two-thirds vote of the members present and voting in each house 
of the Legislature.
12
  
 
When creating a public records exemption, the Legislature may provide that a record is “exempt” 
or “confidential and exempt.” There is a difference between records the Legislature has 
determined to be exempt from the Public Records Act and those which the Legislature has 
determined to be exempt from the Public Records Act and confidential.
13
 Records designated as 
“confidential and exempt” are not subject to inspection by the public and may only be released 
under the circumstances defined by statute.
14
 Records designated as “exempt” may be released at 
the discretion of the records custodian under certain circumstances.
15
  
 
Open Government Sunset Review Act 
The provisions of s. 119.15, F.S., known as the Open Government Sunset Review Act (the Act), 
prescribe a legislative review process for newly created or substantially amended public records 
or open meetings exemptions,
16
 with specified exceptions.
17
 The Act requires the repeal of such 
exemption on October 2nd of the fifth year after creation or substantial amendment; in order to 
save an exemption from repeal, the Legislature must reenact the exemption or repeal the sunset 
date.
18
 In practice, many exemptions are continued by repealing the sunset date, rather than 
reenacting the exemption. 
 
The Act provides that a public records or open meetings exemption may be created or 
maintained only if it serves an identifiable public purpose and is no broader than is necessary.
19
 
                                                
7
 Section 119.07(1)(a), F.S. 
8
 Section 119.10, F.S. Public records laws are found throughout the Florida Statutes, as are the penalties for violations of 
those laws.  
9
 FLA CONST., art. I, s. 24(c).  
10
 Id. 
11
 The bill may, however, contain multiple exemptions that relate to one subject. 
12
 FLA. CONST., art. I, s. 24(c) 
13
 WFTV, Inc. v. The Sch. Bd. of Seminole County, 874 So. 2d 48, 53 (Fla. 5
th
 DCA 2004).   
14
 Id.   
15
 Williams v. City of Minneola, 575 So. 2d 683 (Fla. 5
th 
DCA 1991). 
16
 Section 119.15, F.S. Section 119.15(4)(b), F.S., provides that an exemption is considered to be substantially amended if it 
is expanded to include more records or information or to include meetings.  
17
 Section 119.15(2)(a) and (b), F.S., provides that exemptions required by federal law or applicable solely to the Legislature 
or the State Court System are not subject to the Open Government Sunset Review Act. 
18
 Section 119.15(3), F.S. 
19
 Section 119.15(6)(b), F.S.  BILL: SB 786   	Page 4 
 
An exemption serves an identifiable purpose if the Legislature finds that the purpose of the 
exemption outweighs open government policy and cannot be accomplished without the 
exemption and it meets one of the following purposes: 
 It allows the state or its political subdivision to effectively and efficiently administer a 
program, and administration would be significantly impaired without the exemption;
20
 
 The release of sensitive personal information would be defamatory or jeopardize an 
individual’s safety. If this public purpose is cited as the basis of an exemption, however, only 
personal identifying information is exempt;
21
 or 
 It protects trade or business secrets.
22
 
 
The Act also requires specified questions to be considered during the review process.
23
 In 
examining an exemption, the Act directs the Legislature to question the purpose and necessity of 
reenacting the exemption. 
 
If, in reenacting an exemption or repealing the sunset date, the exemption is expanded, then a 
public necessity statement and a two-thirds vote for passage are required.
24
 If the exemption is 
reenacted or saved from repeal without substantive changes or if the exemption is narrowed, then 
a public necessity statement and a two-thirds vote for passage are not required. If the Legislature 
allows an exemption to expire, the previously exempt records will remain exempt unless 
otherwise provided by law.
25
 
 
Developmental Disabilities 
Developmental disabilities
26
 include autism, cerebral palsy, spina bifida, intellectual disabilities, 
Down syndrome, Prader-Willi syndrome, and Phelan-McDermid syndrome.
27
 
 
                                                
20
 Section 119.15(6)(b)1., F.S. 
21
 Section 119.15(6)(b)2., F.S. 
22
 Section 119.15(6)(b)3., F.S. 
23
 Section 119.15(6)(a), F.S. The specific questions are: 
 What specific records or meetings are affected by the exemption? 
 Whom does the exemption uniquely affect, as opposed to the general public? 
 What is the identifiable public purpose or goal of the exemption? 
 Can the information contained in the records or discussed in the meeting be readily obtained by alternative means? 
If so, how? 
 Is the record or meeting protected by another exemption? 
 Are there multiple exemptions for the same type of record or meeting that it would be appropriate to merge? 
24
 FLA. CONST. art. I, s. 24(c). 
25
 Section 119.15(7), F.S. 
26
 Developmental disability is defined as a disorder or syndrome that is attributable to intellectual disability, cerebral palsy, 
autism, spina bifida, Down syndrome, Phelan-McDermid syndrome, or Prader-Willi syndrome; that manifests before the age 
of 18; and that constitutes a substantial handicap that can reasonably be expected to continue indefinitely. 
27
 Agency for Persons with Disabilities, Long-Range Program Plan (2022), available at 
http://floridafiscalportal.state.fl.us/Document.aspx?ID=23172&DocType=PDF (last visited March 22, 2023) (hereinafter 
cited as “The Long-Range Plan”).  BILL: SB 786   	Page 5 
 
Cerebral palsy
28
 is a group of disabling symptoms of extended duration, which results from 
damage to the developing brain that may occur before, during, or after birth and that results in 
the loss or impairment of control over voluntary muscles.
29
 
 
Spina bifida
30
 is a birth defect in the vertebral column in which part of the spinal cord, which is 
normally protected within the vertebral column, is exposed. Spina bifida is caused by the failure 
of the neural tube to close during embryonic development. The neural tube is the embryonic 
structure that gives rise to the brain and spinal cord. People with spina bifida can have difficulty 
with bladder and bowel incontinence, cognitive (learning) problems, and limited mobility.
31
 
 
Individuals suffering from intellectual disabilities have significantly sub-average general 
intellectual functioning existing concurrently with deficits in adaptive behavior, which manifests 
before the age of 18.
32
 Such individuals have certain limitations in both mental functioning and 
in adaptive skills such as communicating, self-care, and social skills. These limitations will cause 
a person to learn and develop more slowly. People with intellectual disabilities may take longer 
to learn to speak, walk, and take care of their personal needs such as dressing or eating.
33
 
 
Down syndrome is a genetic disorder caused when abnormal cell division results in extra genetic 
material from chromosome 21. This genetic disorder, also known as trisomy 21, varies in 
severity, causes lifelong intellectual disability and developmental delays, and, in some people, 
causes health problems.
34, 35
 
 
Prader-Willi syndrome
36
 is a complex genetic condition that affects many parts of the body. In 
infancy, this condition is characterized by weak muscle tone, feeding difficulties, poor growth, 
and delayed development. Beginning in childhood, affected individuals develop an insatiable 
appetite and chronic overeating. As a result, most experience rapid weight gain leading to 
obesity. People with Prader-Willi syndrome typically have an intellectual disability or a learning 
disability and behavioral problems.
37
 
 
                                                
28
 Section 393.063(6), F.S. 
29
 Id. 
30
 Spina bifida is defined in statute as a medical diagnosis of spina bifida cystica or myelomeningocele. Section 393.063(41), 
F.S. 
31
 The Long-Range Plan, p. 79. 
32
 Section 393.063(24), F.S. For the purposes of this definition, the term “adaptive behavior” means the effectiveness or 
degree with which an individual meets the standards of personal independence and social responsibility expected of his or her 
age, cultural group, and community. The term “significantly sub-average general intellectual functioning” means 
performance that is two or more standard deviations from the mean score on a standardized intelligence test specified in the 
rules of the agency. 
33
 The Long-Range Plan,  p. 73. 
34
 Id. at 69.  
35
 Down syndrome is defined in statute as a disorder caused by the presence of an extra chromosome 21. Section 
393.063(15), F.S. 
36
 Prader-Willi syndrome is defined in statute as an inherited condition typified by neonatal hypotonia with failure to thrive, 
hyperphagia or an excessive drive to eat which leads to obesity usually at 18 to 36 months of age, mild to moderate 
intellectual disability, hypogonadism, short stature, mild facial dysmorphism, and a characteristic neurobehavior. Section 
393.063(29), F.S. 
37
 The Long-Range Plan, p. 77  BILL: SB 786   	Page 6 
 
Phelan-McDermid syndrome
38
 is a rare condition due to a chromosomal abnormality. Symptoms 
vary in range and severity but often include low muscle tone, difficulty moving, absent-to-
severely delayed speech, autistic features, moderate-to-profound intellectual disability, and 
epilepsy.
39
 
 
Autism  
Autism is a pervasive, neurologically-based developmental disability of extended duration that 
has onset during infancy or childhood, which causes severe learning, communication, and 
behavioral disorders.
40
 Autism spectrum disorder (ASD) includes autism, Asperger’s syndrome, 
and any other pervasive developmental disorder.
41
 The Centers for Disease Control and 
Prevention (CDC) estimates that approximately one in 44 children has ASD.
42
 The CDC also 
estimates that over 5.4 million adults have ASD.
43
 
 
Interactions with Law Enforcement for Individuals with Autism 
A person’s developmental disability may make interactions with law enforcement more 
challenging. For example, identifying a person with an ASD can be confusing to any person 
unfamiliar with the condition, including law enforcement. Law enforcement can mistake the 
signs of autism with behaviors typically associated with those of criminals.
44
 Common attributes 
of autism are communication differences and behaviors or thinking that are repetitive or 
restricted to an area of interest. These traits could be interpreted by law enforcement as not being 
compliant with questioning or direct instructions. A characteristic of ASD known as escalation 
poses a particular problem in encounters with law enforcement.
45
 Escalation describes the 
response of a person with ASD under stress or in an unfamiliar situation.
46
 Overwhelmed by the 
barrage of sensory information, a person with ASD may attempt to flee the uncomfortable 
situation, become combative, or simply shut down.
47
 The individual may cover his or her ears 
and shriek, not knowing how or where to get help.
48
 The presence of police lights and sirens, 
uniforms, loud and unfamiliar voices, or barking dogs often makes a difficult situation worse by 
contributing to the individual's sensory overload.
49
 
                                                
38
 Phelan-McDermid Syndrome is defined in statute as a disorder caused by the loss of the terminal segment of the long arm 
of chromosome 22, which occurs near the end of the chromosome at a location designated q13.3, typically leading to 
developmental delay, intellectual disability, dolicocephaly, hypotonia, or absent or delayed speech. Section 393.063(28), F.S. 
39
 The Long-Range Plan, p. 77. 
40
 Section 393.063(5), F.S. 
41
 Section 627.6686(2)(b), F.S. 
42
 The Centers for Disease Control and Prevention (The CDC), Data & Statistics on Autism Spectrum Disorder, available at 
https://www.cdc.gov/ncbddd/autism/data.html (last visited March 22, 2023). 
43
 The CDC, Key Findings: CDC Releases First Estimates of the Number of Adults Living with Autism Spectrum Disorder in 
the United States, available at https://www.cdc.gov/ncbddd/autism/features/adults-living-with-autism-spectrum-disorder.html 
(last visited March 22, 2023). 
44
 Randy Lambert, How Changing the Wes Kleinert Fair Interview Act and Establishing Law Enforcement Academy Training 
Standards Will Help the Autism Community, Child and Family Law Journal, p. 48 (2018), available at 
https://lawpublications.barry.edu/cflj/vol6/iss1/3 (last visited March 22, 2023). 
45
 Bernard J. Farber, Police Interaction With Autistic Persons: The Need For Training, Aele Monthly Law Journal, p. 106 
(2009), available at https://www.aele.org/law/2009all07/2009-07MLJ101.pdf (last visited March 22, 2023). 
46
 Id. 
47
 Id. 
48
 Id. 
49
 Id.  BILL: SB 786   	Page 7 
 
 
Mental Health and Mental Illness 
Mental health is a state of well-being in which the individual realizes his or her own abilities, can 
cope with the normal stresses of life, can work productively and fruitfully, and is able to 
contribute to his or her community.
50
  
 
The primary indicators used to evaluate an individual’s mental health are: 
 Emotional well-being- Perceived life satisfaction, happiness, cheerfulness, peacefulness; 
 Psychological well-being- Self-acceptance, personal growth including openness to new 
experiences, optimism, hopefulness, purpose in life, control of one’s environment, 
spirituality, self-direction, and positive relationships; and  
 Social well-being- Social acceptance, beliefs in the potential of people and society as a 
whole, personal self-worth and usefulness to society, sense of community. 
 
Mental illness is collectively all diagnosable mental disorders or health conditions that are 
characterized by alterations in thinking, mood, or behavior (or some combination thereof) 
associated with distress or impaired functioning.
51
 Thus, mental health refers to an individual’s 
mental state of well-being whereas mental illness signifies an alteration of that well-being. 
Mental illness affects millions of people in the United States each year. Nearly one in five adults 
lives with a mental illness.
52
 During their childhood and adolescence, almost half of children will 
experience a mental disorder, though the proportion experiencing severe impairment during 
childhood and adolescence is much lower, at about 22 percent.
53
  
 
Some examples of common mental health illnesses or disorders that can negatively impact how a 
person interacts with others, such as law enforcement officers, include schizophrenia, bipolar 
disorder, borderline personality disorder, and antisocial personality disorder.
54
 
 
Alzheimer’s Disease 
Alzheimer’s disease is a form of dementia, a general term for memory loss. It is a progressive 
brain disorder that damages and eventually destroys brain cells, leading to memory loss and 
changes in the functions of the brain. In the early stages of Alzheimer’s disease, memory loss is 
mild; in late-stages, individuals lose the ability to carry on a conversation and respond to their 
environment. Currently, the disease has no cure, but treatment can temporarily slow the 
worsening of symptoms.
55
 
 
                                                
50
 World Health Organization, Mental Health: Strengthening Our Response, https://www.who.int/news-room/fact-
sheets/detail/mental-health-strengthening-our-response (last visited March 22, 2023). 
51
 Id. 
52
 National Institute of Mental Health (NIH), Mental Illness, https://www.nimh.nih.gov/health/statistics/mental-illness (last 
visited March 22, 2023).  
53
 Id.  
54
 See National Alliance Mental Illness, Mental Health Disorders, available at https://www.nami.org/About-Mental-
Illness/Mental-Health-Conditions; Psychiatry Online, Contact Between Police and People With Mental Disorders: A Review 
of Rates, available at https://ps.psychiatryonline.org/doi/10.1176/appi.ps.201500312 (all sites last visited March 22, 2023).  
55
 Alzheimer’s Association, 2021 Alzheimer’s Disease Facts and Figures, available at 
https://www.alz.org/media/documents/alzheimers-facts-and-figures.pdf (last visited March 22, 2023).   BILL: SB 786   	Page 8 
 
Florida has an increasing number of individuals with Alzheimer’s disease. An estimated 580,000 
Floridians have Alzheimer’s disease.
56
 The projected number of Floridians with Alzheimer’s 
disease is estimated to increase by 24% to 720,000 individuals by 2025.
57
 
 
Interactions with Law Enforcement for Individuals with Alzheimer’s and Dementia 
Many behaviors associated with Alzheimer’s disease and dementia tend to increase a person’s 
chance of interacting with law enforcement. Because these individuals are often unable to 
explain their unusual behavior, their actions are more easily misunderstood.
58
 Common instances 
that can cause someone with Alzheimer’s disease to interact with law enforcement include 
wandering, auto accidents, erratic driving, accidental breaking and entering due to confusion, 
and unintentional shoplifting.
59
   
 
Florida Crime Information Center (FCIC) System 
The Florida Crime Information Center (FCIC) system is an electronic database that provides 
criminal justice agencies with access to federal and state criminal justice information. The FCIC 
is managed by FDLE and contains information as reported to FDLE by law enforcement 
agencies through the state.
60
 
 
Voluntary Registry Systems 
Law enforcement agencies nationwide have begun utilizing voluntary registry systems that 
provide officers with relevant information on individuals with special needs, including those 
with Alzheimer’s disease.
61
 Law enforcement agencies have found that such registries can:  
 Promote community safety;  
 Improve officer safety;  
 Increase the speed and efficiency in which officers are able to respond, decreasing 
department liability;  
 Reduce strain on department resources, both human and financial, during emergencies;  
 Give community members peace of mind; and  
 Promote community partnerships in responding to special needs community members.
62
 
 
Voluntary registry systems allow law enforcement to obtain information that assists in response 
to calls for service involving individuals with conditions such as Alzheimer’s disease.
63
 
 
                                                
56
 The Department of Elder Affairs, 2021 Alzheimer’s Disease Advisory Committee Annual Report, p. 4, available at 
https://elderaffairs.org/wp-content/uploads/ADAC-Report-2021_FINAL.pdf (last visited March 22, 2023). 
57
 Id. 
58
 Alzheimer’s Association, Alzheimer’s Disease Guide for Law Enforcement, available at 
https://www.alz.org/national/documents/safereturn_lawenforcement.pdf (last visited March 22, 2023). 
59
 Id. 
60
 The FDLE, The FCIC, available at https://web.fdle.state.fl.us/pas/restricted/PAS/home/home.jsf (last visited March 22, 
2023). 
61
 The International Association of Chiefs of Police (IACP), A Guide to Law Enforcement on Voluntary Registry Programs 
for Vulnerable Populations, p. 2, available at 
https://www.theiacp.org/sites/default/files/Alz%20Voluntary%20Registry_0.pdf (last visited March 22, 2023). 
62
 Id. 
63
 Id.  BILL: SB 786   	Page 9 
 
Voluntary registry systems have also proven helpful in responding to individuals in other special 
needs populations. Departments utilize the system for community members living with ASD, 
developmental disabilities, attention deficit/hyperactivity disorder (ADHD), epilepsy, brain 
injury, mental illness, and other disabilities that may affect the way individuals interact and 
respond to law enforcement officers and other first responders.
64
 
 
Confidentiality of Information 
Voluntary registry systems generally contain large amounts of personal and sensitive 
information. Confidentiality concerns, coupled with a general fear of law enforcement prevalent 
in some communities, could hinder community willingness to participate in voluntary registry 
programs.
65
 Some community members may be hesitant to participate due to fear exploitation of 
registry data.
66
 Others fear that registry information collected may be used to violate the rights of 
special needs individuals by inappropriately releasing the information to outside parties and 
entities.
67
 
 
Some agencies utilizing voluntary registry systems use disclaimers, waivers, or releases on 
voluntary registry systems’ registration forms or questionnaires to notify registrants that 
providing data is voluntary and to ensure that registrants and their caregivers know that 
information will be used solely for the purpose of assisting first responders in providing 
service.
68
 Other individuals have also expressed concerns regarding Health Insurance Portability 
and Accountability Act (HIPAA) compliance of registry information collection and storage.
69
  
III. Effect of Proposed Changes: 
The bill amends the proposed s. 402.88, F.S., which would be created by SB 784. The bill creates 
an exemption from the public records requirements of s. 119.07(1), F.S., and s. 24(a), Art. I of 
the Florida Constitution for the following information relating to the enrollment of individuals on 
the SNR created by SB 784: 
 Records; 
 Data; 
 Information; 
 Correspondence; and 
 Communications. 
 
The bill also applies the exemption to any locally maintained registry that is substantially similar 
to the SNR. The bill specifies that such information may not be disclosed except, upon request, 
to: 
 A law enforcement agency; 
 A county emergency management agency; 
 A local fire department; or 
                                                
64
 Id. at 3. 
65
 Id. at 21. 
66
 Id. 
67
 Id. 
68
 Id. 
69
 Id.  BILL: SB 786   	Page 10 
 
 As otherwise specifically authorized by the bill. 
 
Any of the above-listed agency entities are permitted to disclose information otherwise deemed 
confidential and exempt by the bill to others not specifically listed only under the following 
circumstances: 
 With the express written consent of the registry enrollee or the legally authorized 
representative of such enrollee; 
 In a medical emergency; 
 By court order, upon a finding of good cause; 
 To another governmental agency when needed for the performance of its duties and 
responsibilities; or 
 In the interest of public safety, to: 
o Assist in locating the enrollee; or 
o Promote the safety or well-being of the enrollee, as determined by the law enforcement 
agency. 
 
The bill includes a public necessity statement, specifying the need to make all records, data, 
information, correspondence, and communications relating the enrollment of persons in the SNR 
confidential and exempt from Florida’s public records laws. The bill provides that such records 
are likely to include confidential medical information and sensitive personal information of 
individuals on the SNR. The bill states that the potential disclosure of such information will deter 
enrollment, thereby depriving law enforcement of information which would enable them to 
interact with those eligible for enrollment in safe and appropriate ways. 
 
The bill is subject to the Open Government Sunset Review Act and will stand repealed on 
October 2, 2028, unless reviewed and saved from repeal by the Legislature.  
 
The bill also applies the exemption retroactively to confidential and exempt information held by 
one of the agency entities listed above before the effective date of the act. 
 
The bill provides that the act shall take effect on the same date that SB 784 or similar legislation 
takes effect, if such legislation is adopted in the same legislative session or an extension thereof 
and becomes law. SB 784 has an effective date of January 1, 2024. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
Vote Requirement 
 
Article I, s. 24(c) of the State Constitution requires a two-thirds vote of the members 
present and voting for final passage of a bill creating or expanding an exemption to the 
public records requirements. This bill enacts a new exemption for records, data,  BILL: SB 786   	Page 11 
 
information, correspondence, and communication relating to the enrollment of 
individuals on the SNR. Thus, the bill requires a two-thirds vote to be enacted. 
 
Public Necessity Statement 
 
Article I, s. 24(c) of the State Constitution requires a bill creating or expanding an 
exemption to the public records requirements to state with specificity the public necessity 
justifying the exemption. Section 2 of the bill contains a statement of public necessity for 
the exemption. 
 
Breadth of Exemption  
 
Article I, s. 24(c) of the State Constitution requires an exemption to the public records 
requirements to be no broader than necessary to accomplish the stated purpose of the law. 
The purpose of the law is to protect sensitive personal information, and confidential 
medical information, of individuals enrolled in the SNR. This bill exempts only such 
information from the public records requirements. The exemption does not appear to be 
broader than necessary to accomplish the purpose of the law. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None identified. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
None. 
C. Government Sector Impact: 
None. 
VI. Technical Deficiencies: 
None.  BILL: SB 786   	Page 12 
 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
This bill substantially amends section 402.88 of the Florida Statutes, if created by SB 784.  
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
None. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.