STORAGE NAME: h7005a.NRD
DATE: 3/18/2025
1
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 7005 PCB GOS 25-01
TITLE: OGSR/Disaster Recovery Assistance
SPONSOR(S): Nix
COMPANION BILL: SB 7004
LINKED BILLS: None
RELATED BILLS: None
Committee References
Orig. Comm.: Government
Operations
17 Y, 0 N
Natural Resources & Disasters
16 Y, 0 N
State Affairs
SUMMARY
Effect of the Bill:
The bill saves from repeal the public record exemption for property photographs and personal identifying
information of an applicant for or a participant of a federal, state, or local housing assistance program for the
purpose of disaster recovery assistance for a presidentially declared disaster. The public record exemption will
repeal on October 2, 2025, if the bill does not become a law.
Fiscal or Economic Impact:
None.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill removes the scheduled repeal, created pursuant to the Open Government Sunset Review Act, for the public
record exemption for property photographs and personal identifying information of an applicant for or a
participant of a federal, state, or local housing assistance program for the purpose of disaster recovery assistance
for a presidentially declared disaster. The public record exemption will repeal on October 2, 2025, if the bill does
not become a law. (Section 1)
The effective date of the bill is October 1, 2025. (Section 2)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Open Government Sunset Review Act
The Open Government Sunset Review Act (OGSR Act)
1 sets forth a legislative review process for newly created or
substantially amended public record or public meeting exemptions. It requires an automatic repeal of the
exemption on October 2
nd of the fifth year after creation or substantial amendment, unless the Legislature reenacts
the exemption.
2
The OGSR Act provides that a public record or public meeting exemption may be created or maintained only if it
serves an identifiable public purpose. In addition, it may be no broader than is necessary to meet one of the
following purposes:
Allow the state or its political subdivisions to effectively and efficiently administer a governmental
program, which administration would be significantly impaired without the exemption.
1
S. 119.15, F.S.
2
S. 119.15(3), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
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.
3
If, and only if, in reenacting an exemption that will repeal, the exemption is expanded, then a public necessity
statement and a two-thirds vote for passage are required. If the exemption is reenacted with grammatical or
stylistic changes that do not expand the exemption, if the exemption is narrowed, or if an exception to the
exemption is created, then a public necessity statement and a two-thirds vote are not required.
4
Federal, State, or Local Housing Assistance Program
There are various federal
5, state
6, and local housing assistance programs that assist those who have been impacted
by a disaster. One such program is the Community Development Block Grant – Disaster Recovery Program (CDBG-
DR program). The U.S. Department of Housing and Urban Development (HUD) administers this program at the
Federal level
7 and the Florida Department of Commerce (Florida Commerce) administers this program at the state
level. In fact, the most recent legislative budget request from Florida Commerce requests $607,888,065 of
nonrecurring federal grant trust fund authority in the CDBG-DR program for Fiscal Year 2025-2026 in order to
address long-term recovery efforts relating to housing, infrastructure economic development, and mitigation
needs that remain after presidentially declared disasters, such as Hurricanes Irma, Michael, Sally, and Ian.
8
Housing assistance programs associated with disaster recovery often require an applicant to submit proof of
damage, which is usually shown through photographs of damaged property. Additionally, housing assistance
programs may assess damage and determine the estimated cost of rehabilitation through onsite or remote
inspections.
9 Such programs also require applicants to submit personal identifying information, such as, proof of
residence status, proof of insurance covering the damaged property, and income documentation.
10
Presidentially Declared Disaster
In Florida, a disaster is defined as any natural, technological, or civil emergency that causes damage of sufficient
severity and magnitude to result in a declaration of a state of emergency by a county, the Governor, or the
President of the United States.
11 The process for obtaining a presidential disaster declaration begins when the
Governor of the affected state requests that the President declare that an emergency exists. Such a request must be
based on a finding that the situation is of such severity and magnitude that effective response is beyond the
capabilities of the state and the affected local governments and that Federal assistance is necessary. As a part of
such request, and as a prerequisite to Federal emergency assistance, the Governor must take appropriate action
under state law and direct the execution of the state's emergency plan. The Governor must furnish information
describing the state and local efforts and resources that have been or will be used to alleviate the emergency.
Based upon such a request, the President may declare that an emergency exists.
12
Recent presidentially declared disasters in Florida include Hurricanes Helene and Milton.
13
3
S. 119.15(6)(b), F.S.
4
Art. I, s. 24(c), FLA. CONST.
5
Federal partners in disaster recovery and housing assistance include the Federal Emergency Management Agency (FEMA),
the United States Department of Housing and Urban Development (HUD), and the United States Department of Agriculture
(USDA). See FEMA, Federal Housing and Sheltering Resource Timeline (last visited Feb. 10, 2025).
6
Florida Department of Commerce and the Florida Housing Finance Corporation (FHFC) are state entities that provide
housing assistance options during disaster recovery. See Florida Commerce, Office of Long-Term Resiliency (last visited Feb. 10,
2025). See also FHFC, Disaster Relief Resources and Information (last visited Feb. 10, 2025).
7
HUD, CDBG-DR Fact Sheet (last visited Feb. 10. 2025).
8
Florida Commerce, Exhibit D-3A: Expenditures by Issue and Appropriation Category (last visited Feb. 10, 2025).
9
FEMA, Home Inspections (last visited Feb. 10, 2025).
10
Rebuild Florida, Eligibility Requirements (last visited Feb. 10, 2025).
11
S. 252.34(2), F.S.
12
42 U.S.C § 5191
13
United States Department of Homeland Security, FEMA, Disasters and other Declarations (last visited Feb. 10, 2025). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Public Record Exemption Under Review
In 2020, the Legislature created a public record exemption for certain records held by Florida Commerce, the
Florida Housing Finance Corporation (FHFC), a county, municipality, or a local housing financing agency. The
records include property photographs and personal identifying information of an applicant for or a participant in a
federal, state, or local housing assistance program for the purpose of disaster recovery assistance for a
presidentially declared disaster.
14
The 2020 public necessity statement
15 provided that the release of the protected information “could be used by
fraudulent contractors, predatory lenders, thieves, or individuals seeking to impose the vulnerability of the
distressed property owner or tenant following a disaster.”
16 The public necessity statement asserts that such
information must “be protected to ensure that those affected by a disaster are not harassed, intimidated, or
potentially defrauded.”
17
Pursuant to the OGSR Act, the exemption will repeal on October 2, 2025, unless reenacted by the Legislature.
18
During the 2024 interim, House and Senate committee staff met jointly with staff from Florida Commerce and the
FHFC to discuss the public record exemption under review. Staff from both agencies indicated that they were
unaware of any litigation concerning the exemption and had not had any issues interpreting or applying the
exemption. Staff from both agencies recommended that the exemption be reenacted as is. House and Senate staff
also distributed questionnaires regarding the public record exemption under review to counties, cities, and local
housing finance authorities. The vast majority of respondents indicated that the exemption should be reenacted as
is.
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Orig. Comm.: Government
Operations Subcommittee
17 Y, 0 N 2/18/2025 Toliver Walker
Natural Resources & Disasters
Subcommittee
16 Y, 0 N 3/18/2025 Moore Weiss
State Affairs Committee
14
Ch. 2020-34, L.O.F.
15
Art. I, s. 24(c), FLA. CONST., requires each public record exemption to “state with specificity the public necessity justifying
exemption.”
16
Ch. 2020-34, L.O.F.
17
Id.
18
S. 119.071(5)(f)4, F.S.