Florida Senate - 2020                   (PROPOSED BILL) SPB 7048
       
       
        
       FOR CONSIDERATION By the Committee on Infrastructure and
       Security
       
       
       
       
       596-02783-20                                          20207048pb
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         252.385, F.S.; creating an exemption from public
    4         records requirements for the name, address, and
    5         telephone number of a person which are held by an
    6         agency providing shelter or assistance to such person
    7         during an emergency; providing for future legislative
    8         review and repeal of the exemption; providing a
    9         statement of public necessity; providing an effective
   10         date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (5) is added to section 252.385,
   15  Florida Statutes, to read:
   16         252.385 Public shelter space; public records exemption.—
   17         (5)The name, address, and telephone number of a person
   18  which are held by an agency, as defined in s. 119.011, providing
   19  shelter or assistance to such person during an emergency are
   20  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   21  Constitution. This subsection is subject to the Open Government
   22  Sunset Review Act in accordance with s. 119.15 and shall stand
   23  repealed on October 2, 2025, unless reviewed and saved from
   24  repeal through reenactment by the Legislature.
   25         Section 2. The Legislature finds that it is a public
   26  necessity that the name, address, and telephone number of a
   27  person which are held by an agency providing shelter or
   28  assistance to such person during an emergency be made exempt
   29  from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
   30  the State Constitution. Shelters are made available to the
   31  public to provide a safe place of accommodation before, during,
   32  and immediately following an emergency. During an emergency, the
   33  people affected are in a vulnerable state, as they have
   34  voluntarily displaced themselves from their residences and
   35  possessions to seek refuge. The information submitted to an
   36  agency by such a person seeking shelter or assistance could be
   37  used by persons seeking to take advantage of their vulnerability
   38  during or following the emergency. In addition, people seeking
   39  shelter or assistance for their safety and the safety of their
   40  families should not be forced to forfeit their privacy for the
   41  sake of such safety. Therefore, the Legislature finds that it is
   42  a public necessity to protect such information from public
   43  disclosure.
   44         Section 3. This act shall take effect upon becoming a law.