Florida Senate - 2025                             CS for SB 1146
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Burgess
       
       
       
       
       585-03146-25                                          20251146c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 23.44,
    3         F.S.; providing an exemption from public records
    4         requirements for the personal identifying information
    5         of a participant in the Hope Florida program contained
    6         in records held by the Hope Florida Office or any
    7         other agency designated to participate in the
    8         administering the program; providing retroactive
    9         application; providing for future legislative review
   10         and repeal; providing a statement of public necessity;
   11         providing a contingent effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (5) is added to section 23.44,
   16  Florida Statutes, as created by SB 1144 or similar legislation,
   17  2025 Regular Session, to read:
   18         23.44 Hope Florida Office; eligibility to participate;
   19  duties.—
   20         (5)(a) A participant’s personal identifying information
   21  contained in records held by the office or any other agency
   22  designated to participate in the administration of the program
   23  before, on, or after the effective date of this exemption is
   24  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   25  Constitution.
   26         (b) This subsection is subject to the Open Government
   27  Sunset Review Act in accordance with s. 119.15 and shall stand
   28  repealed on October 2, 2030, unless reviewed and saved from
   29  repeal by the Legislature.
   30         Section 2. The Legislature finds that it is a public
   31  necessity to make the personal identifying information of Hope
   32  Florida participants contained in records held by the Hope
   33  Florida Office or any other agency that participates in the Hope
   34  Florida program exempt from public records requirements. The
   35  Hope Florida program collects personal identifying information
   36  regarding program participants in order to fulfill its mission
   37  to assist and serve Florida residents who are in vulnerable
   38  situations and subject to abuse or exploitation. The Hope
   39  Florida program collects information regarding its participants’
   40  employment status, housing status, domestic situation, and
   41  access to medical care and other basic needs. As such,
   42  information provided would be personal, sensitive information
   43  related to a person’s physical or mental health or income
   44  status. Matters of personal health and financial status are
   45  traditionally private concerns, and for this reason, a person’s
   46  expectation of a right to privacy regarding these matters
   47  necessitates the exemption. Furthermore, the exemption ensures
   48  the protection of the participant’s identity, who may be subject
   49  to abuse or exploitation as a result of his or her vulnerable
   50  situation. If the participant’s personal identifying information
   51  were not protected, the program’s mission would be significantly
   52  impaired because applicants would be less inclined to
   53  participate if their personal information would be made
   54  available to the public. The Legislature finds that the harm
   55  that may result from the release of such information outweighs
   56  the public benefit that may be derived from the disclosure of
   57  the information.
   58         Section 3. This act shall take effect on the same date that
   59  SB 1144 or similar legislation takes effect, if such legislation
   60  is adopted in the same legislative session or an extension
   61  thereof and becomes a law.