Florida 2022 Regular Session

Florida House Bill H0391 Compare Versions

Only one version of the bill is available at this time.
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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to public records; amending s. 2
1616 119.071, F.S.; providing an exemption from public 3
1717 records requirements for certain identifying and 4
1818 location information of current and former judicial 5
1919 assistants and their spouses and children; providing 6
2020 for retroactive application of the exemption; 7
2121 providing for future legislative review and repeal of 8
2222 the exemption; providing a statement of public 9
2323 necessity; providing an effective date. 10
2424 11
2525 Be It Enacted by the Legislature of the State of Florida: 12
2626 13
2727 Section 1. Paragraph (d) of subsection (4) of section 14
2828 119.071, Florida Statutes, is amended to read: 15
2929 119.071 General exemptions from inspection or copying of 16
3030 public records.— 17
3131 (4) AGENCY PERSONNEL INFORMATION. — 18
3232 (d)1. For purposes of this paragraph, the term: 19
3333 a. "Home addresses" means the dwelling location at which 20
3434 an individual resides and includes the physical address, mailing 21
3535 address, street address, pa rcel identification number, plot 22
3636 identification number, legal property description, neighborhood 23
3737 name and lot number, GPS coordinates, and any other descriptive 24
3838 property information that may reveal the home address. 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 b. "Telephone numbers" includes home t elephone numbers, 26
5252 personal cellular telephone numbers, personal pager telephone 27
5353 numbers, and telephone numbers associated with personal 28
5454 communications devices. 29
5555 2.a. The home addresses, telephone numbers, dates of 30
5656 birth, and photographs of active or forme r sworn law enforcement 31
5757 personnel or of active or former civilian personnel employed by 32
5858 a law enforcement agency, including correctional and 33
5959 correctional probation officers, personnel of the Department of 34
6060 Children and Families whose duties include the inve stigation of 35
6161 abuse, neglect, exploitation, fraud, theft, or other criminal 36
6262 activities, personnel of the Department of Health whose duties 37
6363 are to support the investigation of child abuse or neglect, and 38
6464 personnel of the Department of Revenue or local govern ments 39
6565 whose responsibilities include revenue collection and 40
6666 enforcement or child support enforcement; the names, home 41
6767 addresses, telephone numbers, photographs, dates of birth, and 42
6868 places of employment of the spouses and children of such 43
6969 personnel; and the names and locations of schools and day care 44
7070 facilities attended by the children of such personnel are exempt 45
7171 from s. 119.07(1) and s. 24(a), Art. I of the State 46
7272 Constitution. 47
7373 b. The home addresses, telephone numbers, dates of birth, 48
7474 and photographs of c urrent or former nonsworn investigative 49
7575 personnel of the Department of Financial Services whose duties 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 include the investigation of fraud, theft, workers' compensation 51
8989 coverage requirements and compliance, other related criminal 52
9090 activities, or state regula tory requirement violations; the 53
9191 names, home addresses, telephone numbers, dates of birth, and 54
9292 places of employment of the spouses and children of such 55
9393 personnel; and the names and locations of schools and day care 56
9494 facilities attended by the children of su ch personnel are exempt 57
9595 from s. 119.07(1) and s. 24(a), Art. I of the State 58
9696 Constitution. 59
9797 c. The home addresses, telephone numbers, dates of birth, 60
9898 and photographs of current or former nonsworn investigative 61
9999 personnel of the Office of Financial Regulatio n's Bureau of 62
100100 Financial Investigations whose duties include the investigation 63
101101 of fraud, theft, other related criminal activities, or state 64
102102 regulatory requirement violations; the names, home addresses, 65
103103 telephone numbers, dates of birth, and places of employ ment of 66
104104 the spouses and children of such personnel; and the names and 67
105105 locations of schools and day care facilities attended by the 68
106106 children of such personnel are exempt from s. 119.07(1) and s. 69
107107 24(a), Art. I of the State Constitution. 70
108108 d. The home address es, telephone numbers, dates of birth, 71
109109 and photographs of current or former firefighters certified in 72
110110 compliance with s. 633.408; the names, home addresses, telephone 73
111111 numbers, photographs, dates of birth, and places of employment 74
112112 of the spouses and childre n of such firefighters; and the names 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 and locations of schools and day care facilities attended by the 76
126126 children of such firefighters are exempt from s. 119.07(1) and 77
127127 s. 24(a), Art. I of the State Constitution. 78
128128 e. The home addresses, dates of birth, and t elephone 79
129129 numbers of current or former justices of the Supreme Court, 80
130130 district court of appeal judges, circuit court judges, and 81
131131 county court judges, and judicial assistants ; the names, home 82
132132 addresses, telephone numbers, dates of birth, and places of 83
133133 employment of the spouses and children of current or former 84
134134 justices, and judges, and judicial assistants ; and the names and 85
135135 locations of schools and day care facilities attended by the 86
136136 children of current or former justices , and judges, and judicial 87
137137 assistants are exempt from s. 119.07(1) and s. 24(a), Art. I of 88
138138 the State Constitution. 89
139139 f. The home addresses, telephone numbers, dates of birth, 90
140140 and photographs of current or former state attorneys, assistant 91
141141 state attorneys, statewide prosecutors, or assistant statewide 92
142142 prosecutors; the names, home addresses, telephone numbers, 93
143143 photographs, dates of birth, and places of employment of the 94
144144 spouses and children of current or former state attorneys, 95
145145 assistant state attorneys, statewide prosecutors, or assistant 96
146146 statewide prosecutors; and the names and locations of schools 97
147147 and day care facilitie s attended by the children of current or 98
148148 former state attorneys, assistant state attorneys, statewide 99
149149 prosecutors, or assistant statewide prosecutors are exempt from 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 101
163163 g. The home addresses, date s of birth, and telephone 102
164164 numbers of general magistrates, special magistrates, judges of 103
165165 compensation claims, administrative law judges of the Division 104
166166 of Administrative Hearings, and child support enforcement 105
167167 hearing officers; the names, home addresses, t elephone numbers, 106
168168 dates of birth, and places of employment of the spouses and 107
169169 children of general magistrates, special magistrates, judges of 108
170170 compensation claims, administrative law judges of the Division 109
171171 of Administrative Hearings, and child support enfor cement 110
172172 hearing officers; and the names and locations of schools and day 111
173173 care facilities attended by the children of general magistrates, 112
174174 special magistrates, judges of compensation claims, 113
175175 administrative law judges of the Division of Administrative 114
176176 Hearings, and child support enforcement hearing officers are 115
177177 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 116
178178 Constitution. 117
179179 h. The home addresses, telephone numbers, dates of birth, 118
180180 and photographs of current or former human resource, labor 119
181181 relations, or employee relations directors, assistant directors, 120
182182 managers, or assistant managers of any local government agency 121
183183 or water management district whose duties include hiring and 122
184184 firing employees, labor contract negotiation, administration, or 123
185185 other personnel-related duties; the names, home addresses, 124
186186 telephone numbers, dates of birth, and places of employment of 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 the spouses and children of such personnel; and the names and 126
200200 locations of schools and day care facilities attended by the 127
201201 children of such person nel are exempt from s. 119.07(1) and s. 128
202202 24(a), Art. I of the State Constitution. 129
203203 i. The home addresses, telephone numbers, dates of birth, 130
204204 and photographs of current or former code enforcement officers; 131
205205 the names, home addresses, telephone numbers, dates of birth, 132
206206 and places of employment of the spouses and children of such 133
207207 personnel; and the names and locations of schools and day care 134
208208 facilities attended by the children of such personnel are exempt 135
209209 from s. 119.07(1) and s. 24(a), Art. I of the State 136
210210 Constitution. 137
211211 j. The home addresses, telephone numbers, places of 138
212212 employment, dates of birth, and photographs of current or former 139
213213 guardians ad litem, as defined in s. 39.820; the names, home 140
214214 addresses, telephone numbers, dates of birth, and places of 141
215215 employment of the spouses and children of such persons; and the 142
216216 names and locations of schools and day care facilities attended 143
217217 by the children of such persons are exempt from s. 119.07(1) and 144
218218 s. 24(a), Art. I of the State Constitution. 145
219219 k. The home addresses, telephone numbers, dates of birth, 146
220220 and photographs of current or former juvenile probation 147
221221 officers, juvenile probation supervisors, detention 148
222222 superintendents, assistant detention superintendents, juvenile 149
223223 justice detention officers I and II, juvenile just ice detention 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236236 officer supervisors, juvenile justice residential officers, 151
237237 juvenile justice residential officer supervisors I and II, 152
238238 juvenile justice counselors, juvenile justice counselor 153
239239 supervisors, human services counselor administrators, senior 154
240240 human services counselor administrators, rehabilitation 155
241241 therapists, and social services counselors of the Department of 156
242242 Juvenile Justice; the names, home addresses, telephone numbers, 157
243243 dates of birth, and places of employment of spouses and children 158
244244 of such personnel; and the names and locations of schools and 159
245245 day care facilities attended by the children of such personnel 160
246246 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 161
247247 Constitution. 162
248248 l. The home addresses, telephone numbers, dates of birth, 163
249249 and photographs of current or former public defenders, assistant 164
250250 public defenders, criminal conflict and civil regional counsel, 165
251251 and assistant criminal conflict and civil regional counsel; the 166
252252 names, home addresses, telephone numbers, dates of birth, and 167
253253 places of employment of the spouses and children of current or 168
254254 former public defenders, assistant public defenders, criminal 169
255255 conflict and civil regional counsel, and assistant criminal 170
256256 conflict and civil regional counsel; and the names and locations 171
257257 of schools and day care facilities attended by the children of 172
258258 current or former public defenders, assistant public defenders, 173
259259 criminal conflict and civil regional counsel, and assistant 174
260260 criminal conflict and civil regional counsel are exempt from s. 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273273 119.07(1) and s. 24(a), Art. I of the State Constitution. 176
274274 m. The home addresses, telephone numbers, dates of birth, 177
275275 and photographs of current or former investigators or inspectors 178
276276 of the Department of Business and Professional Regulation; the 179
277277 names, home addresses, teleph one numbers, dates of birth, and 180
278278 places of employment of the spouses and children of such current 181
279279 or former investigators and inspectors; and the names and 182
280280 locations of schools and day care facilities attended by the 183
281281 children of such current or former inve stigators and inspectors 184
282282 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 185
283283 Constitution. 186
284284 n. The home addresses, telephone numbers, and dates of 187
285285 birth of county tax collectors; the names, home addresses, 188
286286 telephone numbers, dates of birth, and places of employment of 189
287287 the spouses and children of such tax collectors; and the names 190
288288 and locations of schools and day care facilities attended by the 191
289289 children of such tax collectors are exempt from s. 119.07(1) and 192
290290 s. 24(a), Art. I of the State Constitu tion. 193
291291 o. The home addresses, telephone numbers, dates of birth, 194
292292 and photographs of current or former personnel of the Department 195
293293 of Health whose duties include, or result in, the determination 196
294294 or adjudication of eligibility for social security disability 197
295295 benefits, the investigation or prosecution of complaints filed 198
296296 against health care practitioners, or the inspection of health 199
297297 care practitioners or health care facilities licensed by the 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310310 Department of Health; the names, home addresses, telephone 201
311311 numbers, dates of birth, and places of employment of the spouses 202
312312 and children of such personnel; and the names and locations of 203
313313 schools and day care facilities attended by the children of such 204
314314 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 205
315315 the State Constitution. 206
316316 p. The home addresses, telephone numbers, dates of birth, 207
317317 and photographs of current or former impaired practitioner 208
318318 consultants who are retained by an agency or current or former 209
319319 employees of an impaired practitioner consultant whose duti es 210
320320 result in a determination of a person's skill and safety to 211
321321 practice a licensed profession; the names, home addresses, 212
322322 telephone numbers, dates of birth, and places of employment of 213
323323 the spouses and children of such consultants or their employees; 214
324324 and the names and locations of schools and day care facilities 215
325325 attended by the children of such consultants or employees are 216
326326 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 217
327327 Constitution. 218
328328 q. The home addresses, telephone numbers, dates of birth, 219
329329 and photographs of current or former emergency medical 220
330330 technicians or paramedics certified under chapter 401; the 221
331331 names, home addresses, telephone numbers, dates of birth, and 222
332332 places of employment of the spouses and children of such 223
333333 emergency medical technicia ns or paramedics; and the names and 224
334334 locations of schools and day care facilities attended by the 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347347 children of such emergency medical technicians or paramedics are 226
348348 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 227
349349 Constitution. 228
350350 r. The home address es, telephone numbers, dates of birth, 229
351351 and photographs of current or former personnel employed in an 230
352352 agency's office of inspector general or internal audit 231
353353 department whose duties include auditing or investigating waste, 232
354354 fraud, abuse, theft, exploitation, or other activities that 233
355355 could lead to criminal prosecution or administrative discipline; 234
356356 the names, home addresses, telephone numbers, dates of birth, 235
357357 and places of employment of spouses and children of such 236
358358 personnel; and the names and locations of schoo ls and day care 237
359359 facilities attended by the children of such personnel are exempt 238
360360 from s. 119.07(1) and s. 24(a), Art. I of the State 239
361361 Constitution. 240
362362 s. The home addresses, telephone numbers, dates of birth, 241
363363 and photographs of current or former directors, m anagers, 242
364364 supervisors, nurses, and clinical employees of an addiction 243
365365 treatment facility; the home addresses, telephone numbers, 244
366366 photographs, dates of birth, and places of employment of the 245
367367 spouses and children of such personnel; and the names and 246
368368 locations of schools and day care facilities attended by the 247
369369 children of such personnel are exempt from s. 119.07(1) and s. 248
370370 24(a), Art. I of the State Constitution. For purposes of this 249
371371 sub-subparagraph, the term "addiction treatment facility" means 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384384 a county government, or agency thereof, that is licensed 251
385385 pursuant to s. 397.401 and provides substance abuse prevention, 252
386386 intervention, or clinical treatment, including any licensed 253
387387 service component described in s. 397.311(26). 254
388388 t. The home addresses, telephone numbers, dates of birth, 255
389389 and photographs of current or former directors, managers, 256
390390 supervisors, and clinical employees of a child advocacy center 257
391391 that meets the standards of s. 39.3035(2) and fulfills the 258
392392 screening requirement of s. 39.3035(3), and the members of a 259
393393 Child Protection Team as described in s. 39.303 whose duties 260
394394 include supporting the investigation of child abuse or sexual 261
395395 abuse, child abandonment, child neglect, and child exploitation 262
396396 or to provide services as part of a multidisciplinary case 263
397397 review team; the names, home addresses, telephone numbers, 264
398398 photographs, dates of birth, and places of employment of the 265
399399 spouses and children of such personnel and members; and the 266
400400 names and locations of schools and day care facilities attended 267
401401 by the children of s uch personnel and members are exempt from s. 268
402402 119.07(1) and s. 24(a), Art. I of the State Constitution. 269
403403 u. The home addresses, telephone numbers, places of 270
404404 employment, dates of birth, and photographs of current or former 271
405405 staff and domestic violence advocates, as defined in s. 272
406406 90.5036(1)(b), of domestic violence centers certified by the 273
407407 Department of Childre n and Families under chapter 39; the names, 274
408408 home addresses, telephone numbers, places of employment, dates 275
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421421 of birth, and photographs of the spouses and children of such 276
422422 personnel; and the names and locations of schools and day care 277
423423 facilities attended by t he children of such personnel are exempt 278
424424 from s. 119.07(1) and s. 24(a), Art. I of the State 279
425425 Constitution. 280
426426 3. An agency that is the custodian of the information 281
427427 specified in subparagraph 2. and that is not the employer of the 282
428428 officer, employee, justice, judge, or other person specified in 283
429429 subparagraph 2. must maintain the exempt status of that 284
430430 information only if the officer, employee, justice, judge, other 285
431431 person, or employing agency of the designated employee submits a 286
432432 written and notarized request for maintenance of the exemption 287
433433 to the custodial agency. The request must state under oath the 288
434434 statutory basis for the individual's exemption request and 289
435435 confirm the individual's status as a party eligible for exempt 290
436436 status. 291
437437 4.a. A county property appraiser , as defined in s. 292
438438 192.001(3), or a county tax collector, as defined in s. 293
439439 192.001(4), who receives a written and notarized request for 294
440440 maintenance of the exemption pursuant to subparagraph 3. must 295
441441 comply by removing the name of the individual with exempt status 296
442442 and the instrument number or Official Records book and page 297
443443 number identifying the property with the exempt status from all 298
444444 publicly available records maintained by the property appraiser 299
445445 or tax collector. For written requests received on or before 300
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458458 July 1, 2021, a county property appraiser or county tax 301
459459 collector must comply with this sub -subparagraph by October 1, 302
460460 2021. A county property appraiser or county tax collector may 303
461461 not remove the street address, legal description, or other 304
462462 information identifying real property within the agency's 305
463463 records so long as a name or personal information otherwise 306
464464 exempt from inspection and copying pursuant to this section are 307
465465 not associated with the property or otherwise displayed in the 308
466466 public records of the agenc y. 309
467467 b. Any information restricted from public display, 310
468468 inspection, or copying under sub -subparagraph a. must be 311
469469 provided to the individual whose information was removed. 312
470470 5. An officer, an employee, a justice, a judge, or other 313
471471 person specified in subpar agraph 2. may submit a written request 314
472472 for the release of his or her exempt information to the 315
473473 custodial agency. The written request must be notarized and must 316
474474 specify the information to be released and the party authorized 317
475475 to receive the information. Upon receipt of the written request, 318
476476 the custodial agency must release the specified information to 319
477477 the party authorized to receive such information. 320
478478 6. The exemptions in this paragraph apply to information 321
479479 held by an agency before, on, or after the effectiv e date of the 322
480480 exemption. 323
481481 7. Information made exempt under this paragraph may be 324
482482 disclosed pursuant to s. 28.2221 to a title insurer authorized 325
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491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495495 pursuant to s. 624.401 and its affiliates as defined in s. 326
496496 624.10; a title insurance agent or title insurance a gency as 327
497497 defined in s. 626.841(1) or (2), respectively; or an attorney 328
498498 duly admitted to practice law in this state and in good standing 329
499499 with The Florida Bar. 330
500500 8. The exempt status of a home address contained in the 331
501501 Official Records is maintained only duri ng the period when a 332
502502 protected party resides at the dwelling location. Upon 333
503503 conveyance of real property after October 1, 2021, and when such 334
504504 real property no longer constitutes a protected party's home 335
505505 address as defined in sub -subparagraph 1.a., the prote cted party 336
506506 must submit a written request to release the removed information 337
507507 to the county recorder. The written request to release the 338
508508 removed information must be notarized, must confirm that a 339
509509 protected party's request for release is pursuant to a 340
510510 conveyance of his or her dwelling location, and must specify the 341
511511 Official Records book and page, instrument number, or clerk's 342
512512 file number for each document containing the information to be 343
513513 released. 344
514514 9. Upon the death of a protected party as verified by a 345
515515 certified copy of a death certificate or court order, any party 346
516516 can request the county recorder to release a protected 347
517517 decedent's removed information unless there is a related request 348
518518 on file with the county recorder for continued removal of the 349
519519 decedent's information or unless such removal is otherwise 350
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528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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532532 prohibited by statute or by court order. The written request to 351
533533 release the removed information upon the death of a protected 352
534534 party must attach the certified copy of a death certificate or 353
535535 court order and must be notarized, must confirm the request for 354
536536 release is due to the death of a protected party, and must 355
537537 specify the Official Records book and page number, instrument 356
538538 number, or clerk's file number for each document containing the 357
539539 information to be released. A fee may not be charged for the 358
540540 release of any document pursuant to such request. 359
541541 10. This paragraph is subject to the Open Government 360
542542 Sunset Review Act in accordance with s. 119.15 and shall stand 361
543543 repealed on October 2, 2024, unless reviewed and saved fr om 362
544544 repeal through reenactment by the Legislature. 363
545545 Section 2. The Legislature finds that it is a public 364
546546 necessity that the home addresses, dates of birth, and telephone 365
547547 numbers of current or former judicial assistants; the names, 366
548548 home addresses, telepho ne numbers, dates of birth, and places of 367
549549 employment of the spouses and children of such judicial 368
550550 assistants; and the names and locations of schools and day care 369
551551 facilities attended by the children of such judicial assistants 370
552552 be made exempt from s. 119.07( 1), Florida Statutes, and s. 371
553553 24(a), Article I of the State Constitution. Such identifying and 372
554554 location information can be used as a tool to perpetuate fraud 373
555555 against an individual or to acquire sensitive personal, 374
556556 financial, medical, and familial informatio n, the release of 375
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565565 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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569569 which could cause great financial harm to the individual. In the 376
570570 course of assisting in making rulings, entering judgments, 377
571571 imposing sentences, or reviewing cases, judicial assistants may 378
572572 engender ill will with litigants, the accused, the convicted, 379
573573 and their associates and families, thus making the judicial 380
574574 assistants, and their spouses and children, targets for acts of 381
575575 revenge. This risk continues after judicial assistants complete 382
576576 their public service because disgruntled individuals may wait 383
577577 until the employment of a judicial assistant ends to commit an 384
578578 act of revenge. If such identifying and location information is 385
579579 released, the safety of current or former judicial assistants 386
580580 and their spouses and children could be seriously jeopardized . 387
581581 For these reasons, the Legislature finds that it is a public 388
582582 necessity that such information be made exempt from public 389
583583 records requirements. 390
584584 Section 3. This act shall take effect July 1, 2022. 391