Florida Senate - 2021                                     SB 968
       
       
        
       By Senator Gainer
       
       
       
       
       
       2-00919-21                                             2021968__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         288.075, F.S.; providing an exemption from public
    4         records requirements for certain information held by
    5         an economic development agency; providing that such
    6         information may be released in an aggregated and
    7         anonymized format; 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. Present subsection (7) of section 288.075,
   15  Florida Statutes, is redesignated as subsection (8), and a new
   16  subsection (7) is added to that section, to read:
   17         288.075 Confidentiality of records.—
   18         (7) LOAN PROGRAMS.—
   19         (a) The following information held by an economic
   20  development agency pursuant to its administration of a state or
   21  federally funded small business loan program is exempt from s.
   22  119.07(1) and s. 24(a), Art. I of the State Constitution:
   23         1. The home address, telephone number, and e-mail address
   24  of a person who submits an application for a loan on behalf of a
   25  business.
   26         2. Tax returns.
   27         3. Bank and financial statements.
   28         4. Credit history information, credit reports, and credit
   29  scores.
   30         (b) This section does not prohibit the disclosure of
   31  information held by an economic development agency pursuant to
   32  its administration of a small business loan program in an
   33  aggregated and anonymized format.
   34         (c) This subsection is subject to the Open Government
   35  Sunset Review Act in accordance with s. 119.15 and shall stand
   36  repealed on October 2, 2026, unless reviewed and saved from
   37  repeal through reenactment by the Legislature.
   38         Section 2. The Legislature finds that it is a public
   39  necessity that the home address, telephone number, and e-mail
   40  address of a person who submits an application for a loan on
   41  behalf of a business; tax returns; bank and financial
   42  statements; and credit history information, credit reports, and
   43  credit scores held by an economic development agency pursuant to
   44  its administration of any state or federally funded small
   45  business loan program be made exempt from s. 119.07(1), Florida
   46  Statutes, and s. 24(a), Article I of the State Constitution. In
   47  order to process and disburse loan funds, an economic
   48  development agency may obtain sensitive information needed to
   49  assess viability of loans. This information may be used to
   50  locate and identify and contact the borrower. If released,
   51  locating and identifying information could be used by fraudulent
   52  contractors, predatory lenders, thieves, or individuals seeking
   53  to impose on the borrower. Therefore, it is necessary that
   54  certain information held by an economic development agency
   55  pursuant to its administration of any state or federally funded
   56  small business loan program be protected to ensure that
   57  borrowers are not harassed, intimidated, or potentially
   58  defrauded.
   59         Section 3. This act shall take effect July 1, 2021.