Bill Text: FL S7026 | 2024 | Regular Session | Prefiled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public Records/Department of Agriculture and Consumer Services

Spectrum: Committee Bill

Status: (Passed) 2024-05-02 - Chapter No. 2024-138 [S7026 Detail]

Download: Florida-2024-S7026-Prefiled.html

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       Florida Senate - 2024                   (PROPOSED BILL) SPB 7026
       
       
        
       FOR CONSIDERATION By the Committee on Agriculture
       
       
       
       
       
       575-01897-24                                          20247026pb
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         570.822, F.S.; providing an exemption from public
    4         records requirements for certain information held by
    5         the Department of Agriculture and Consumer Services;
    6         providing that such information may be released in an
    7         aggregated and anonymized format; providing for future
    8         legislative review and repeal of the exemption;
    9         providing a statement of public necessity; providing
   10         an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Present subsections (8), (9), and (10) of
   15  section 570.822, Florida Statutes, are redesignated as
   16  subsections (9), (10), and (11), respectively, and a new
   17  subsection (8) is added to that section, to read:
   18         570.822 Agriculture and Aquaculture Producers Natural
   19  Disaster Recovery Loan Program.—
   20         (8) PUBLIC RECORDS EXEMPTION.—
   21         (a) The following information held by the department
   22  pursuant to its administration of the program is exempt from s.
   23  119.07(1) and s. 24(a), Art. I of the State Constitution:
   24         1. Tax returns.
   25         2. Credit history information, credit reports, and credit
   26  scores.
   27         (b) This subsection does not prohibit the disclosure of
   28  information held by the department pursuant to its
   29  administration of the program in an aggregated and anonymized
   30  format.
   31         (c) This subsection is subject to the Open Government
   32  Sunset Review Act in accordance with s. 119.15 and shall stand
   33  repealed on October 2, 2029, unless reviewed and saved from
   34  repeal through reenactment by the Legislature.
   35         Section 2. The Legislature finds that it is a public
   36  necessity that the tax returns and credit history information,
   37  credit reports, and credit scores held by the Department of
   38  Agriculture and Consumer Services pursuant to its administration
   39  of the Agriculture and Aquaculture Producers Natural Disaster
   40  Recovery Loan Program be made exempt from s. 119.07(1), Florida
   41  Statutes, and s. 24(a), Article I of the State Constitution. In
   42  order to assess the viability of loans, the department may
   43  obtain sensitive information about a borrower, including certain
   44  financial information. If released, the sensitive information
   45  could be used by fraudulent contractors, predatory lenders,
   46  thieves, or individuals seeking to impose on the borrower.
   47  Therefore, it is necessary that sensitive information held by
   48  the department pursuant to its administration of the program be
   49  protected to ensure that borrowers are not harassed,
   50  intimidated, or potentially defrauded. The Legislature finds the
   51  harm that may result from the release of such sensitive
   52  information outweighs the public benefit that may be derived
   53  from the disclosure of the information.
   54         Section 3. This act shall take effect upon becoming a law.