Florida Senate - 2014 SB 516 By Senator Latvala 20-00281A-14 2014516__ 1 A bill to be entitled 2 An act relating to public records; creating s. 3 420.6231, F.S.; creating a public records exemption 4 for individual identifying information of a person 5 contained in a Point-In-Time Count and Survey or data 6 in a Homeless Management Information System; defining 7 the term “individual identifying information”; 8 providing for retroactive application of the 9 exemption; specifying that the exemption does not 10 preclude the release of aggregate information; 11 providing for future review and repeal under the Open 12 Government Sunset Review Act; providing a statement of 13 public necessity; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Section 420.6231, Florida Statutes, is created 18 to read: 19 420.6231 Individual identifying information in specified 20 homelessness surveys and databases; public records exemption.— 21 (1) As used in this section, “individual identifying 22 information” means information that directly or indirectly 23 identifies a specific person, can be manipulated to identify a 24 specific person, or can be linked with other available 25 information to identify a specific person. 26 (2) Individual identifying information of a person 27 contained in a Point-In-Time Count and Survey or data in a 28 Homeless Management Information System collected pursuant to 42 29 U.S.C. chapter 119, subchapter IV, and related regulations 30 provided in 24 C.F.R. part 91, is exempt from s. 119.07(1) and 31 s. 24(a), Art. I of the State Constitution. This exemption 32 applies to such information held before, on, or after the 33 effective date of this section. 34 (3) This section does not preclude the release in the 35 aggregate of information from a Point-In-Time Count and Survey 36 or data in a Homeless Management Information System which does 37 not disclose individual identifying information of a person. 38 (4) This section is subject to the Open Government Sunset 39 Review Act in accordance with s. 119.15 and shall stand repealed 40 on October 2, 2019, unless reviewed and saved from repeal 41 through reenactment by the Legislature. 42 Section 2. The Legislature finds that it is a public 43 necessity that individual identifying information of a person 44 contained in a Point-In-Time Count and Survey or data in a 45 Homeless Management Information System collected pursuant to 42 46 U.S.C. chapter 119, subchapter IV, and related regulations 47 provided in 24 C.F.R. part 91, be made exempt from public 48 records requirements. Pursuant to 42 U.S.C. s. 11363, the 49 Secretary of Housing and Urban Development is required to 50 instruct service providers not to disclose personally 51 identifying information about any client for purposes of the 52 Homeless Management Information System, which includes Point-In 53 Time Count and Survey information. The public release of such 54 sensitive information could lead to discrimination against or 55 ridicule of such individuals and could make them reluctant to 56 seek assistance for themselves or their family members. The 57 public release of such information may put affected individuals 58 at greater risk of injury as a significant proportion of such 59 individuals are survivors of domestic violence or suffer from 60 mental illness or substance abuse. Additionally, public access 61 to such information may put affected individuals at a heightened 62 risk for fraud and identity theft. The harm from disclosing such 63 information outweighs any public benefit that can be derived 64 from widespread and unfettered access to such information. This 65 exemption is narrowly drawn so that aggregate information that 66 does not disclose individual identifying information of a person 67 from the Point-In-Time Count and Survey and data in a Homeless 68 Management Information System collected pursuant to 42 U.S.C. 69 chapter 119, subchapter IV, and related regulations provided in 70 24 C.F.R. part 91, may be disclosed. 71 Section 3. This act shall take effect upon becoming a law.