Florida Senate - 2011                                     SB 874
       
       
       
       By Senator Hays
       
       
       
       
       20-00745A-11                                           2011874__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing an exemption from public
    4         records requirements for information furnished by a
    5         person to an agency for the purpose of being provided
    6         with emergency notification by the agency; providing
    7         for retroactive effect of the exemption; providing for
    8         future legislative review and repeal of the exemption;
    9         providing a statement of public necessity; providing
   10         an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (j) is added to subsection (5) of
   15  section 119.071, Florida Statutes, to read:
   16         119.071 General exemptions from inspection or copying of
   17  public records.—
   18         (5) OTHER PERSONAL INFORMATION.—
   19         (j)1. Any information furnished by a person to an agency
   20  for the purpose of being provided with emergency notification by
   21  the agency, including the person’s name, address, telephone
   22  number, e-mail address, or other electronic communication
   23  address, is exempt from s. 119.07(1) and s. 24(a), Art. I of the
   24  State Constitution. This exemption applies to information held
   25  by an agency, before, on, or after the effective date of this
   26  exemption.
   27         2. This paragraph is subject to the Open Government Sunset
   28  Review Act in accordance with s. 119.15, and shall stand
   29  repealed on October 2, 2016, unless reviewed and saved from
   30  repeal through reenactment by the Legislature.
   31         Section 2. The Legislature finds that it is a public
   32  necessity to exempt from public-records requirements any
   33  information furnished by a person to an agency for the purpose
   34  of being provided with emergency notification by the agency.
   35  Through the use of current technology, agencies may contact
   36  members of the public by a variety of electronic means,
   37  including cellular telephones and electronic mail, to alert them
   38  of imminent natural and manmade disasters, medical emergencies,
   39  criminal emergencies, and other dangerous conditions. Public
   40  safety is significantly enhanced through the use of such
   41  emergency notification programs, and expansion of such programs
   42  further increases public safety. A public-records exemption for
   43  information furnished to an agency for this purpose will
   44  encourage greater participation in emergency notification
   45  programs by alleviating concerns about disclosure of information
   46  that could be used for criminal purposes. For these reasons, the
   47  public-records exemption provided in this act is necessary for
   48  the effective implementation of and broad participation in
   49  emergency notification programs conducted by agencies.
   50         Section 3. This act shall take effect upon becoming a law.