STORAGE NAME: h1431.IBS
DATE: 4/1/2025
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FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1431
TITLE: Pub. Rec./Uniform Mitigation Verification
Inspection Forms
SPONSOR(S): Chaney
COMPANION BILL: CS/SB 1658 (Collins)
LINKED BILLS: HB 1429 Fabricio
RELATED BILLS: None
Committee References
Insurance & Banking
Government Operations
Commerce
SUMMARY
Effect of the Bill:
The bill creates a public records exemption for the electronic submissions of the uniform mitigation verification
form and the policyholder’s identifying information contained therein.
Fiscal or Economic Impact:
None
Extraordinary Vote Required for Passage:
The bill requires a two-thirds vote of the members present and voting in both houses of the Legislature for final
passage.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill creates a public records exemption for the electronic filings of the uniform mitigation verification
inspection forms (“forms”) and associated data, including the policyholder’s:
Identities;
Telephone numbers,
E-mail addresses;
Insurance companies; and
Insurance policy numbers. (Section 1).
In support of this exemption, the bill provides a public necessity statement as required by the Florida Constitution.
Therein, the bill cites to repercussions of disclosing identifying information contained in the forms. (Section 2).
Further, the bill:
Provides that, pursuant to the Open Government Sunset Review Act, this exemption will be automatically
repealed on October 2, 2030, unless reviewed and saved from repeal through legislative reenactment.
(Section 1).
Provides an effective date of July 1, 2025. (Section 3).
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Public Records
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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Article 1, section 24 of the Florida Constitution sets forth the state’s public policy regarding access to government
records, generally guaranteeing every person a right to inspect or copy any public record of the legislative,
executive, and judicial branches of government. Similarly, ch. 119, F.S., generally guarantees every person a right to
inspect and copy any state, county, or municipal record.
Public Records Exemption
The Florida Constitution authorizes the Legislature to provide by general law an exemption from public records
requirements; in other words, the Legislature may provide that a specific record, or a portion thereof, is not subject
to the access requirements of s. 119.07(1), F.S., or article I, section 24, of the Florida Constitution.
1 However, the
bill creating the exemption must pass by a two-thirds vote of each chamber and state with specificity the public
necessity justifying the exemption.
2 Further, the exemption itself may be no broader than necessary to accomplish
the law’s stated public purpose.
3
Open Government Sunset Review Act
The Open Government Sunset Review Act
4 (“Act”) provides that a public records exemption may be created,
revised, or maintained only if it serves an identifiable public purpose and the “Legislature finds that the purpose is
sufficiently compelling to override the strong public policy of open government and cannot be accomplished
without the exemption.”
5 An identifiable public purpose is served if the exemption:
Allows the state or its political subdivisions to effectively and efficiently administer a governmental
program, which administration would be significantly impaired without the exemption;
Protects 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; or
Protects trade or business secrets.
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Further, pursuant to the Act, a new public record exemption or substantial amendment of an existing public record
exemption is automatically repealed on October 2
nd of the fifth year following enactment, unless the Legislature
reenacts the exemption.
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Discounts for Hurricane Mitigation
Florida law promotes mitigation by requiring insurers to offer premium discounts for properties with certain
wind-resistant features (such as fortified roofs, window protection, etc.). S. 627.711, F.S. requires that insurers
notify policyholders about available hurricane mitigation discounts and accept a Uniform Mitigation Verification
Inspection Form as proof of a home’s mitigation features.
Currently, the identifying information contained in the form is not exempt under public records law.
OTHER RESOURCES:
Uniform Mitigation Verification Inspection Form
1 Art. I, s. 24(c), Fla. Const.; s. 119.011(8), F.S.
2 Art. I, s. 24(c), Fla. Const.; art. X, s. 12(e), Fla. Const.
3 Art. I, s. 24(c), Fla. Const.
4 S. 119.15, F.S.
5 S. 119.15(6)(b), F.S.
6 Id.
7 S. 119.15(3), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Insurance & Banking
Subcommittee
Hamon Schenk
Government Operations
Subcommittee
Commerce Committee