Florida Senate - 2022 SB 1042 By Senator Brodeur 9-00764C-22 20221042__ Page 1 of 3 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to public records; amending s. 402.88, 2 F.S.; providing an exemption from public records 3 requirements for all records, data, information, 4 correspondence, and communications relating to the 5 enrollment of persons in the registry of persons with 6 special needs; providing exceptions; authorizing law 7 enforcement agencies, county emergency management 8 agencies, and local fire departments to further 9 disclose confidential and exempt information under 10 certain circumstances; providing for future 11 legislative review and repeal of the exemption; 12 providing a statement of public necessity; providing 13 for retroactive application; providing a contingent 14 effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18

Section 1. Subsection (3) is added to

section 402.88, 19 Florida Statutes, as created by SB ____ or similar legislation, 20 to read: 21 402.88 Registry of persons with special needs in law 22 enforcement interactions; public records exemption.— 23 (3)(

a) All records, data, information, correspondence, and 24 communications relating to the enrollment of persons as provided 25 in subsection (1) and such information included in any locally 26 maintained registry that is substantially similar to the 27 registry in subsection (1) are confidential and exempt from s. 28 119.07(1) and s. 24(a), Art.

I of the State Constitution and may 29 Florida Senate - 2022 SB 1042 9-00764C-22 20221042__ Page 2 of 3 CODING: Words stricken are deletions; words underlined are additions. not be disclosed except, upon request, to a law enforcement 30 agency, a county emergency management agency, or a local fire 31 department or as otherwise specifically authorized by this 32 section. 33 (

b) A law enforcement agency, county emergency management 34 agency, or local fire department in possession of materials 35 described in paragraph (

a) may further disclose information 36 contained in such materials to others not specifically listed 37 only as follows: 38 1. With the express written consent of the registry 39 enrollee or the legally authorized representative of such 40 enrollee; 41 2. In a medical emergency; 42 3. By court order upon a finding of good cause; 43 4. To another governmental agency in the performance of its 44 duties and responsibilities; or 45 5. In the interest of public safety, to assist in locating 46 the enrollee, or to promote the safety or well-being of the 47 enrollee, as determined by the law enforcement agency. 48 (

c) This subsection is subject to the Open Government 49 Sunset Review Act in accordance with s. 119.15 and shall stand 50 repealed on October 2, 2027, unless reviewed and saved from 51 repeal through reenactment by the Legislature. 52

Section 2. The Legislature finds that it is a public 53 necessity to make all records, data, information, 54 correspondence, and communications relating to the enrollment of 55 persons in the registry of persons with special needs under s. 56 402.88, Florida Statutes, confidential and exempt from s. 57 119.07(1), Florida Statutes, and s. 24(a),

Article I of the 58 Florida Senate - 2022 SB 1042 9-00764C-22 20221042__ Page 3 of 3 CODING: Words stricken are deletions; words underlined are additions. State Constitution. Such records would likely include 59 confidential medical information and sensitive personal 60 information about the persons listed in the registry. The 61 potential disclosure of such information would deter persons 62 from being enrolled in the registry, which would then deprive 63 law enforcement officers of information that would better enable 64 them to interact with such persons in safe and appropriate ways. 65

Section 3. The exemption created in s. 402.88(3), Florida 66 Statutes, applies retroactively to such confidential and exempt 67 information held by a law enforcement agency, a county emergency 68 management agency, or a local fire department before the 69 effective date of this act. 70

Section 4. This act shall take effect on the same date that 71 SB ____ or similar legislation takes effect, if such legislation 72 is adopted in the same legislative session or an extension 73 thereof and becomes a law. 74