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CS/HB 1277 — Public Records/Persons with Disabilities Registry

by Health and Human Services Committee and Rep. Plasencia (CS/SB 786 by Children, Families, and Elder Affairs Committee and Senator Burgess)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Children, Families, and Elder Affairs Committee (CF)

The bill creates an exemption from the public records requirements of s. 119.07(1), F.S., and Art. I, s. 24(a), State Constitution for the following information relating to the enrollment of individuals on the Persons with Disabilities Registry:

  • Records;
  • Data;
  • Information;
  • Correspondence; and
  • Communications.

The bill also applies the exemption to any locally maintained registry that is substantially similar to the Persons with Disabilities Registry and that is held by a local law enforcement agency before, on, or after the effective date of the bill.

The bill specifies that such information 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:

  • A law enforcement agency;
  • A county emergency management agency;
  • A local fire department; or
  • Another local, state, or federal agency.

The bill requires the entities or persons receiving such information to maintain the exempt status of the information. The bill also provides for an Open Government Sunset Review, and contains a statement of public necessity as required by the State Constitution.

If approved by the Governor, these provisions take effect on the same date that HB 1275 or similar legislation takes effect.

Vote: Senate 38-0; House 114-0