Florida Senate - 2021                              CS for SB 968
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Gainer
       
       
       
       
       585-03621-21                                           2021968c1
    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. Tax returns.
   24         2. Credit history information, credit reports, and credit
   25  scores.
   26         (b) This subsection does not prohibit the disclosure of
   27  information held by an economic development agency pursuant to
   28  its administration of a small business loan program in an
   29  aggregated and anonymized format.
   30         (c) This subsection is subject to the Open Government
   31  Sunset Review Act in accordance with s. 119.15 and shall stand
   32  repealed on October 2, 2026, unless reviewed and saved from
   33  repeal through reenactment by the Legislature.
   34         Section 2. The Legislature finds that it is a public
   35  necessity that the tax returns and credit history information,
   36  credit reports, and credit scores held by an economic
   37  development agency pursuant to its administration of any state
   38  or federally funded small business loan program be made exempt
   39  from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
   40  the State Constitution. In order to assess the viability of
   41  loans, an economic development agency may obtain sensitive
   42  information of a borrower, including certain financial
   43  information. If released, the sensitive information could be
   44  used by fraudulent contractors, predatory lenders, thieves, or
   45  individuals seeking to impose on the borrower. Therefore, it is
   46  necessary that sensitive information held by an economic
   47  development agency pursuant to its administration of any state
   48  or federally funded small business loan program be protected to
   49  ensure that borrowers are not harassed, intimidated, or
   50  potentially defrauded. The Legislature finds the harm that may
   51  result from the release of such sensitive information outweighs
   52  the public benefit that may be derived from the disclosure of
   53  the information.
   54         Section 3. This act shall take effect July 1, 2021.