Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 966
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Governmental Oversight and Accountability
       (Gainer) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (l) is added to subsection (5) of
    6  section 119.071, Florida Statutes, to read:
    7  	119.071 General exemptions from inspection or copying of
    8  public records.—
    9  	(5)	OTHER PERSONAL INFORMATION.—
   10  	(l)1. For purposes of this paragraph, the term "financial
   11  documentation" means income statements, paystubs, bank
   12  statements, tax returns, public assistance information, disaster
   13  recovery benefits, social security disability benefits, and
   14  insurance information.
   15  	2. Property photographs and applicant financial
   16  documentation provided to the Department of Economic
   17  Opportunity, the Florida Housing Finance Corporation, a county,
   18  a municipality, or a local housing finance agency by or on
   19  behalf of an applicant for or a participant in a federal, state,
   20  or local housing assistance program for the purpose of disaster
   21  recovery assistance for a presidentially declared disaster are
   22  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   23  of the State Constitution.
   24  	3. An agency provided such confidential and exempt records
   25  pursuant to paragraph 2. may disclose such confidential and
   26  exempt records to a governmental entity or its agents for the
   27  purpose of auditing federal, state, or local housing programs or
   28  housing assistance programs. The entities or agents receiving
   29  such confidential information must maintain the confidential and
   30  exempt status of such records. Such confidential and exempt
   31  records may be used in any administrative or judicial
   32  proceeding, provided such records are kept confidential and
   33  exempt unless otherwise ordered by a court.
   34  	4. This paragraph is subject to the Open Government Sunset
   35  Review Act in accordance with s. 119.15 and shall stand repealed
   36  on October 2, 2025, unless reviewed and saved from repeal
   37  through reenactment by the Legislature.
   38  	Section 2. The Legislature finds that it is a public
   39  necessity that property photographs and applicant financial
   40  documentation provided to the Department of Economic
   41  Opportunity, the Florida Housing Finance Corporation, a county,
   42  a municipality, or a local housing finance agency by or on
   43  behalf of an applicant for or a participant in a federal, state,
   44  or local housing assistance program for the purpose of disaster
   45  recovery assistance for a presidentially declared disaster be
   46  made confidential and exempt from s. 119.07(1), Florida
   47  Statutes, and s. 24 (a), Article I of the State Constitution. In
   48  response to a disaster an agency, in an effort to determine
   49  storm damage and ascertain the estimated cost of rehabilitation,
   50  may conduct a property inspection to observe and record the
   51  presence of damage. The damage assessment data collected may
   52  include interior and exterior photographs of such individual's
   53  residence. This information may be used to locate the damaged
   54  property and identify and contact the property owner or tenant.
   55  If released, this information may be used by fraudulent
   56  contractors, predatory lenders, thieves, or individuals seeking
   57  to impose on the vulnerability of a distressed property owner or
   58  tenant following a disaster. Therefore, it is necessary that
   59  this information be protected to ensure that people impacted by
   60  a disaster do not have sensitive information released.
   61         	Section 3. This act shall take effect July 1, 2020.
   62  
   63  ================= T I T L E  A M E N D M E N T ================
   64  And the title is amended as follows:
   65         Delete everything before the enacting clause
   66  and insert:
   67    An act relating to public records; amending s. 119.071, F.S.;  
   68  providing a definition for financial documentation; providing an 
   69       exemption from public records requirements for property     
   70       photographs and financial documentation provided to the     
   71   Department of Economic Opportunity, the Florida Housing Finance 
   72      Corporation, a county, a municipality, or a local housing    
   73       finance agency by or on behalf of an applicant for or a     
   74    participant in a federal, state, or local housing assistance   
   75      program for the purpose of disaster recovery assistance;     
   76   authorizing access to such records and information for certain  
   77   purposes; providing for future legislative review and repeal of 
   78      the exemption; providing a statement of public necessity;    
   79                    providing an effective date.