ENROLLED 2022 Legislature SB 934 2022934er 1 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. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Section 420.6231, Florida Statutes, is created 17 to read: 18 420.6231 Individual 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41 (4) This section is subject to the Open Government Sunset 42 Review Act in accordance with s. 119.15 and shall stand repealed 43 on October 2, 2027, unless reviewed and saved from repeal 44 through reenactment by the Legislature. 45 Section 2.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.