Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1042
       
       
       
       
       
       
                                Ì569488iÎ569488                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/22/2022           .                                
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       Appropriations Subcommittee on Health and Human Services
       (Brodeur) recommended the following:
       
    1         Senate Substitute for Amendment (768172) (with title
    2  amendment)
    3  
    4         Delete lines 19 - 69
    5  and insert:
    6         Section 1. Subsection (4) is added to section 402.88,
    7  Florida Statutes, as created by SB 1040 or similar legislation,
    8  to read:
    9         402.88 Special Persons Registry in interactions with law
   10  enforcement; public records exemption.—
   11         (4)(a) All records, data, information, correspondence, and
   12  communications relating to the enrollment of persons as provided
   13  in subsection (1) and such information included in any locally
   14  maintained registry that is substantially similar to the
   15  registry in subsections (1) and (2) are confidential and exempt
   16  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
   17  and may not be disclosed except, upon request, to a law
   18  enforcement agency, a county emergency management agency, or a
   19  local fire department, or as otherwise specifically authorized
   20  by this section.
   21         (b) A law enforcement agency, county emergency management
   22  agency, or local fire department in possession of materials
   23  described in paragraph (a) may further disclose information
   24  contained in such materials to others not specifically listed
   25  only as follows:
   26         1. With the express written consent of the registry
   27  enrollee or the legally authorized representative of such
   28  enrollee;
   29         2. In a medical emergency;
   30         3. By court order upon a finding of good cause;
   31         4. To another governmental agency in the performance of its
   32  duties and responsibilities; or
   33         5. In the interest of public safety, to assist in locating
   34  the enrollee, or to promote the safety or well-being of the
   35  enrollee, as determined by the law enforcement agency.
   36         (c) This subsection is subject to the Open Government
   37  Sunset Review Act in accordance with s. 119.15 and shall stand
   38  repealed on October 2, 2027, unless reviewed and saved from
   39  repeal through reenactment by the Legislature.
   40         Section 2. The Legislature finds that it is a public
   41  necessity to make all records, data, information,
   42  correspondence, and communications relating to the enrollment of
   43  persons in the Special Persons Registry under s. 402.88, Florida
   44  Statutes, confidential and exempt from s. 119.07(1), Florida
   45  Statutes, and s. 24(a), Article I of the State Constitution.
   46  Such records would likely include confidential medical
   47  information and sensitive personal information about the persons
   48  listed in the registry. The potential disclosure of such
   49  information would deter persons from being enrolled in the
   50  registry, which would then deprive law enforcement officers of
   51  information that would better enable them to interact with such
   52  persons in safe and appropriate ways.
   53         Section 3. The exemption created in s. 402.88(4), Florida
   54  Statutes, applies retroactively to such confidential and exempt
   55  information held by a law enforcement agency, a county emergency
   56  management agency, or a local fire department before, on, or
   57  after the
   58  
   59  ================= T I T L E  A M E N D M E N T ================
   60  And the title is amended as follows:
   61         Delete line 14
   62  and insert:
   63         necessity; providing applicability;