2022 Legislature                                          SB 934
    2         An act relating to public records; creating s.
    3         420.6231, F.S.; defining terms; providing an exemption
    4         from public records requirements for individual
    5         identifying information contained in certain
    6         homelessness counts and information systems; providing
    7         for retroactive application of the exemption;
    8         providing construction; providing for future
    9         legislative review and repeal of the exemption;
   10         providing a statement of public necessity; providing a
   11         directive to the Division of Law Revision; providing
   12         an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Section 420.6231, Florida Statutes, is created
   17  to read:
   18         420.6231Individual identifying information in homelessness
   19  counts and databases; public records exemption.—
   20         (1)As used in this section, the term:
   21         (a)“Individual identifying information” means information
   22  that directly or indirectly identifies a specific person, can be
   23  manipulated to identify a specific person, or can be linked with
   24  other available information to identify a specific person.
   25         (b)“Point-in-Time Count” means an unduplicated count of
   26  both the sheltered and unsheltered people in a community who are
   27  experiencing homelessness. For purposes of this section, the
   28  term includes all survey information received from such persons.
   29         (2)Individual identifying information of a person
   30  contained in a Point-in-Time Count or a homeless management
   31  information system which is collected pursuant to 42 U.S.C.
   32  chapter 119, subchapter IV and 24 C.F.R. part 91 is confidential
   33  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   34  Constitution. This exemption applies to individual identifying
   35  information collected before, on, or after the effective date of
   36  this act.
   37         (3)This section does not preclude the release of aggregate
   38  information in a Point-in-Time Count or data in a homeless
   39  management information system which does not disclose the
   40  individual identifying information of a person.
   41         (4) This section is subject to the Open Government Sunset
   42  Review Act in accordance with s. 119.15 and shall stand repealed
   43  on October 2, 2027, unless reviewed and saved from repeal
   44  through reenactment by the Legislature.
   45         Section 2. (1)The Legislature finds that it is a public
   46  necessity that the individual identifying information of a
   47  person contained in a Point-in-Time Count or in a homeless
   48  management information system collected pursuant to 42 U.S.C.
   49  chapter 119, subchapter IV and 24 C.F.R. part 91 be made
   50  confidential and exempt from s. 119.07(1), Florida Statutes, and
   51  s. 24(a), Article I of the State Constitution.
   52         (2)Public knowledge of such information could lead to
   53  discrimination against or ridicule of an individual, which could
   54  make such individual reluctant to seek assistance. Public
   55  knowledge of such information may also create a greater risk of
   56  injury to affected individuals who are survivors of domestic
   57  violence or suffer from mental illness or substance abuse.
   58  Additionally, public knowledge of such information may create a
   59  heightened risk for fraud and identity theft to affected
   60  individuals.
   61         (3)The harm from disclosing the individual identifying
   62  information of a person contained in a Point-in-Time Count or in
   63  a homeless management information system outweighs any public
   64  benefit that can be derived from widespread and unfettered
   65  access to such information. The exemption is narrowly written so
   66  that certain aggregate information may still be disclosed.
   67         (4)Further, pursuant to 42 U.S.C. s. 11363, victim service
   68  providers must protect the personally identifying information
   69  about a client and may not disclose any personally identifying
   70  information about a client for purposes of a homeless management
   71  information system.
   72         (5)For the foregoing reasons, the Legislature finds that
   73  such information must be made confidential and exempt from s.
   74  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   75  State Constitution.
   76         Section 3. The Division of Law Revision is directed to
   77  replace the phrase “the effective date of this act” wherever it
   78  occurs in this act with the date this act becomes a law.
   79         Section 4. This act shall take effect upon becoming a law.