HB 391 2022
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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
A bill to be entitled 1
An act relating to public records; amending s. 2
119.071, F.S.; providing an exemption from public 3
records requirements for certain identifying and 4
location information of current and former judicial 5
assistants and their spouses and children; providing 6
for retroactive application of the exemption; 7
providing for future legislative review and repeal of 8
the exemption; providing a statement of public 9
necessity; providing an effective date. 10
11
Be It Enacted by the Legislature of the State of Florida: 12
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Section 1. Paragraph (d) of subsection (4) of section 14
119.071, Florida Statutes, is amended to read: 15
119.071 General exemptions from inspection or copying of 16
public records.— 17
(4) AGENCY PERSONNEL INFORMATION. — 18
(d)1. For purposes of this paragraph, the term: 19
a. "Home addresses" means the dwelling location at which 20
an individual resides and includes the physical address, mailing 21
address, street address, pa rcel identification number, plot 22
identification number, legal property description, neighborhood 23
name and lot number, GPS coordinates, and any other descriptive 24
property information that may reveal the home address. 25
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b. "Telephone numbers" includes home t elephone numbers, 26
personal cellular telephone numbers, personal pager telephone 27
numbers, and telephone numbers associated with personal 28
communications devices. 29
2.a. The home addresses, telephone numbers, dates of 30
birth, and photographs of active or forme r sworn law enforcement 31
personnel or of active or former civilian personnel employed by 32
a law enforcement agency, including correctional and 33
correctional probation officers, personnel of the Department of 34
Children and Families whose duties include the inve stigation of 35
abuse, neglect, exploitation, fraud, theft, or other criminal 36
activities, personnel of the Department of Health whose duties 37
are to support the investigation of child abuse or neglect, and 38
personnel of the Department of Revenue or local govern ments 39
whose responsibilities include revenue collection and 40
enforcement or child support enforcement; the names, home 41
addresses, telephone numbers, photographs, dates of birth, and 42
places of employment of the spouses and children of such 43
personnel; and the names and locations of schools and day care 44
facilities attended by the children of such personnel are exempt 45
from s. 119.07(1) and s. 24(a), Art. I of the State 46
Constitution. 47
b. The home addresses, telephone numbers, dates of birth, 48
and photographs of c urrent or former nonsworn investigative 49
personnel of the Department of Financial Services whose duties 50
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include the investigation of fraud, theft, workers' compensation 51
coverage requirements and compliance, other related criminal 52
activities, or state regula tory requirement violations; the 53
names, home addresses, telephone numbers, dates of birth, and 54
places of employment of the spouses and children of such 55
personnel; and the names and locations of schools and day care 56
facilities attended by the children of su ch personnel are exempt 57
from s. 119.07(1) and s. 24(a), Art. I of the State 58
Constitution. 59
c. The home addresses, telephone numbers, dates of birth, 60
and photographs of current or former nonsworn investigative 61
personnel of the Office of Financial Regulatio n's Bureau of 62
Financial Investigations whose duties include the investigation 63
of fraud, theft, other related criminal activities, or state 64
regulatory requirement violations; the names, home addresses, 65
telephone numbers, dates of birth, and places of employ ment of 66
the spouses and children of such personnel; and the names and 67
locations of schools and day care facilities attended by the 68
children of such personnel are exempt from s. 119.07(1) and s. 69
24(a), Art. I of the State Constitution. 70
d. The home address es, telephone numbers, dates of birth, 71
and photographs of current or former firefighters certified in 72
compliance with s. 633.408; the names, home addresses, telephone 73
numbers, photographs, dates of birth, and places of employment 74
of the spouses and childre n of such firefighters; and the names 75
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and locations of schools and day care facilities attended by the 76
children of such firefighters are exempt from s. 119.07(1) and 77
s. 24(a), Art. I of the State Constitution. 78
e. The home addresses, dates of birth, and t elephone 79
numbers of current or former justices of the Supreme Court, 80
district court of appeal judges, circuit court judges, and 81
county court judges, and judicial assistants ; the names, home 82
addresses, telephone numbers, dates of birth, and places of 83
employment of the spouses and children of current or former 84
justices, and judges, and judicial assistants ; and the names and 85
locations of schools and day care facilities attended by the 86
children of current or former justices , and judges, and judicial 87
assistants are exempt from s. 119.07(1) and s. 24(a), Art. I of 88
the State Constitution. 89
f. The home addresses, telephone numbers, dates of birth, 90
and photographs of current or former state attorneys, assistant 91
state attorneys, statewide prosecutors, or assistant statewide 92
prosecutors; the names, home addresses, telephone numbers, 93
photographs, dates of birth, and places of employment of the 94
spouses and children of current or former state attorneys, 95
assistant state attorneys, statewide prosecutors, or assistant 96
statewide prosecutors; and the names and locations of schools 97
and day care facilitie s attended by the children of current or 98
former state attorneys, assistant state attorneys, statewide 99
prosecutors, or assistant statewide prosecutors are exempt from 100
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s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 101
g. The home addresses, date s of birth, and telephone 102
numbers of general magistrates, special magistrates, judges of 103
compensation claims, administrative law judges of the Division 104
of Administrative Hearings, and child support enforcement 105
hearing officers; the names, home addresses, t elephone numbers, 106
dates of birth, and places of employment of the spouses and 107
children of general magistrates, special magistrates, judges of 108
compensation claims, administrative law judges of the Division 109
of Administrative Hearings, and child support enfor cement 110
hearing officers; and the names and locations of schools and day 111
care facilities attended by the children of general magistrates, 112
special magistrates, judges of compensation claims, 113
administrative law judges of the Division of Administrative 114
Hearings, and child support enforcement hearing officers are 115
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 116
Constitution. 117
h. The home addresses, telephone numbers, dates of birth, 118
and photographs of current or former human resource, labor 119
relations, or employee relations directors, assistant directors, 120
managers, or assistant managers of any local government agency 121
or water management district whose duties include hiring and 122
firing employees, labor contract negotiation, administration, or 123
other personnel-related duties; the names, home addresses, 124
telephone numbers, dates of birth, and places of employment of 125
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the spouses and children of such personnel; and the names and 126
locations of schools and day care facilities attended by the 127
children of such person nel are exempt from s. 119.07(1) and s. 128
24(a), Art. I of the State Constitution. 129
i. The home addresses, telephone numbers, dates of birth, 130
and photographs of current or former code enforcement officers; 131
the names, home addresses, telephone numbers, dates of birth, 132
and places of employment of the spouses and children of such 133
personnel; and the names and locations of schools and day care 134
facilities attended by the children of such personnel are exempt 135
from s. 119.07(1) and s. 24(a), Art. I of the State 136
Constitution. 137
j. The home addresses, telephone numbers, places of 138
employment, dates of birth, and photographs of current or former 139
guardians ad litem, as defined in s. 39.820; the names, home 140
addresses, telephone numbers, dates of birth, and places of 141
employment of the spouses and children of such persons; and the 142
names and locations of schools and day care facilities attended 143
by the children of such persons are exempt from s. 119.07(1) and 144
s. 24(a), Art. I of the State Constitution. 145
k. The home addresses, telephone numbers, dates of birth, 146
and photographs of current or former juvenile probation 147
officers, juvenile probation supervisors, detention 148
superintendents, assistant detention superintendents, juvenile 149
justice detention officers I and II, juvenile just ice detention 150
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officer supervisors, juvenile justice residential officers, 151
juvenile justice residential officer supervisors I and II, 152
juvenile justice counselors, juvenile justice counselor 153
supervisors, human services counselor administrators, senior 154
human services counselor administrators, rehabilitation 155
therapists, and social services counselors of the Department of 156
Juvenile Justice; the names, home addresses, telephone numbers, 157
dates of birth, and places of employment of spouses and children 158
of such personnel; and the names and locations of schools and 159
day care facilities attended by the children of such personnel 160
are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 161
Constitution. 162
l. The home addresses, telephone numbers, dates of birth, 163
and photographs of current or former public defenders, assistant 164
public defenders, criminal conflict and civil regional counsel, 165
and assistant criminal conflict and civil regional counsel; the 166
names, home addresses, telephone numbers, dates of birth, and 167
places of employment of the spouses and children of current or 168
former public defenders, assistant public defenders, criminal 169
conflict and civil regional counsel, and assistant criminal 170
conflict and civil regional counsel; and the names and locations 171
of schools and day care facilities attended by the children of 172
current or former public defenders, assistant public defenders, 173
criminal conflict and civil regional counsel, and assistant 174
criminal conflict and civil regional counsel are exempt from s. 175
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119.07(1) and s. 24(a), Art. I of the State Constitution. 176
m. The home addresses, telephone numbers, dates of birth, 177
and photographs of current or former investigators or inspectors 178
of the Department of Business and Professional Regulation; the 179
names, home addresses, teleph one numbers, dates of birth, and 180
places of employment of the spouses and children of such current 181
or former investigators and inspectors; and the names and 182
locations of schools and day care facilities attended by the 183
children of such current or former inve stigators and inspectors 184
are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 185
Constitution. 186
n. The home addresses, telephone numbers, and dates of 187
birth of county tax collectors; the names, home addresses, 188
telephone numbers, dates of birth, and places of employment of 189
the spouses and children of such tax collectors; and the names 190
and locations of schools and day care facilities attended by the 191
children of such tax collectors are exempt from s. 119.07(1) and 192
s. 24(a), Art. I of the State Constitu tion. 193
o. The home addresses, telephone numbers, dates of birth, 194
and photographs of current or former personnel of the Department 195
of Health whose duties include, or result in, the determination 196
or adjudication of eligibility for social security disability 197
benefits, the investigation or prosecution of complaints filed 198
against health care practitioners, or the inspection of health 199
care practitioners or health care facilities licensed by the 200
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Department of Health; the names, home addresses, telephone 201
numbers, dates of birth, and places of employment of the spouses 202
and children of such personnel; and the names and locations of 203
schools and day care facilities attended by the children of such 204
personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 205
the State Constitution. 206
p. The home addresses, telephone numbers, dates of birth, 207
and photographs of current or former impaired practitioner 208
consultants who are retained by an agency or current or former 209
employees of an impaired practitioner consultant whose duti es 210
result in a determination of a person's skill and safety to 211
practice a licensed profession; the names, home addresses, 212
telephone numbers, dates of birth, and places of employment of 213
the spouses and children of such consultants or their employees; 214
and the names and locations of schools and day care facilities 215
attended by the children of such consultants or employees are 216
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 217
Constitution. 218
q. The home addresses, telephone numbers, dates of birth, 219
and photographs of current or former emergency medical 220
technicians or paramedics certified under chapter 401; the 221
names, home addresses, telephone numbers, dates of birth, and 222
places of employment of the spouses and children of such 223
emergency medical technicia ns or paramedics; and the names and 224
locations of schools and day care facilities attended by the 225
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children of such emergency medical technicians or paramedics are 226
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 227
Constitution. 228
r. The home address es, telephone numbers, dates of birth, 229
and photographs of current or former personnel employed in an 230
agency's office of inspector general or internal audit 231
department whose duties include auditing or investigating waste, 232
fraud, abuse, theft, exploitation, or other activities that 233
could lead to criminal prosecution or administrative discipline; 234
the names, home addresses, telephone numbers, dates of birth, 235
and places of employment of spouses and children of such 236
personnel; and the names and locations of schoo ls and day care 237
facilities attended by the children of such personnel are exempt 238
from s. 119.07(1) and s. 24(a), Art. I of the State 239
Constitution. 240
s. The home addresses, telephone numbers, dates of birth, 241
and photographs of current or former directors, m anagers, 242
supervisors, nurses, and clinical employees of an addiction 243
treatment facility; the home addresses, telephone numbers, 244
photographs, dates of birth, and places of employment of the 245
spouses and children of such personnel; and the names and 246
locations of schools and day care facilities attended by the 247
children of such personnel are exempt from s. 119.07(1) and s. 248
24(a), Art. I of the State Constitution. For purposes of this 249
sub-subparagraph, the term "addiction treatment facility" means 250
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a county government, or agency thereof, that is licensed 251
pursuant to s. 397.401 and provides substance abuse prevention, 252
intervention, or clinical treatment, including any licensed 253
service component described in s. 397.311(26). 254
t. The home addresses, telephone numbers, dates of birth, 255
and photographs of current or former directors, managers, 256
supervisors, and clinical employees of a child advocacy center 257
that meets the standards of s. 39.3035(2) and fulfills the 258
screening requirement of s. 39.3035(3), and the members of a 259
Child Protection Team as described in s. 39.303 whose duties 260
include supporting the investigation of child abuse or sexual 261
abuse, child abandonment, child neglect, and child exploitation 262
or to provide services as part of a multidisciplinary case 263
review team; the names, home addresses, telephone numbers, 264
photographs, dates of birth, and places of employment of the 265
spouses and children of such personnel and members; and the 266
names and locations of schools and day care facilities attended 267
by the children of s uch personnel and members are exempt from s. 268
119.07(1) and s. 24(a), Art. I of the State Constitution. 269
u. The home addresses, telephone numbers, places of 270
employment, dates of birth, and photographs of current or former 271
staff and domestic violence advocates, as defined in s. 272
90.5036(1)(b), of domestic violence centers certified by the 273
Department of Childre n and Families under chapter 39; the names, 274
home addresses, telephone numbers, places of employment, dates 275
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of birth, and photographs of the spouses and children of such 276
personnel; and the names and locations of schools and day care 277
facilities attended by t he children of such personnel are exempt 278
from s. 119.07(1) and s. 24(a), Art. I of the State 279
Constitution. 280
3. An agency that is the custodian of the information 281
specified in subparagraph 2. and that is not the employer of the 282
officer, employee, justice, judge, or other person specified in 283
subparagraph 2. must maintain the exempt status of that 284
information only if the officer, employee, justice, judge, other 285
person, or employing agency of the designated employee submits a 286
written and notarized request for maintenance of the exemption 287
to the custodial agency. The request must state under oath the 288
statutory basis for the individual's exemption request and 289
confirm the individual's status as a party eligible for exempt 290
status. 291
4.a. A county property appraiser , as defined in s. 292
192.001(3), or a county tax collector, as defined in s. 293
192.001(4), who receives a written and notarized request for 294
maintenance of the exemption pursuant to subparagraph 3. must 295
comply by removing the name of the individual with exempt status 296
and the instrument number or Official Records book and page 297
number identifying the property with the exempt status from all 298
publicly available records maintained by the property appraiser 299
or tax collector. For written requests received on or before 300
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July 1, 2021, a county property appraiser or county tax 301
collector must comply with this sub -subparagraph by October 1, 302
2021. A county property appraiser or county tax collector may 303
not remove the street address, legal description, or other 304
information identifying real property within the agency's 305
records so long as a name or personal information otherwise 306
exempt from inspection and copying pursuant to this section are 307
not associated with the property or otherwise displayed in the 308
public records of the agenc y. 309
b. Any information restricted from public display, 310
inspection, or copying under sub -subparagraph a. must be 311
provided to the individual whose information was removed. 312
5. An officer, an employee, a justice, a judge, or other 313
person specified in subpar agraph 2. may submit a written request 314
for the release of his or her exempt information to the 315
custodial agency. The written request must be notarized and must 316
specify the information to be released and the party authorized 317
to receive the information. Upon receipt of the written request, 318
the custodial agency must release the specified information to 319
the party authorized to receive such information. 320
6. The exemptions in this paragraph apply to information 321
held by an agency before, on, or after the effectiv e date of the 322
exemption. 323
7. Information made exempt under this paragraph may be 324
disclosed pursuant to s. 28.2221 to a title insurer authorized 325
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pursuant to s. 624.401 and its affiliates as defined in s. 326
624.10; a title insurance agent or title insurance a gency as 327
defined in s. 626.841(1) or (2), respectively; or an attorney 328
duly admitted to practice law in this state and in good standing 329
with The Florida Bar. 330
8. The exempt status of a home address contained in the 331
Official Records is maintained only duri ng the period when a 332
protected party resides at the dwelling location. Upon 333
conveyance of real property after October 1, 2021, and when such 334
real property no longer constitutes a protected party's home 335
address as defined in sub -subparagraph 1.a., the prote cted party 336
must submit a written request to release the removed information 337
to the county recorder. The written request to release the 338
removed information must be notarized, must confirm that a 339
protected party's request for release is pursuant to a 340
conveyance of his or her dwelling location, and must specify the 341
Official Records book and page, instrument number, or clerk's 342
file number for each document containing the information to be 343
released. 344
9. Upon the death of a protected party as verified by a 345
certified copy of a death certificate or court order, any party 346
can request the county recorder to release a protected 347
decedent's removed information unless there is a related request 348
on file with the county recorder for continued removal of the 349
decedent's information or unless such removal is otherwise 350
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prohibited by statute or by court order. The written request to 351
release the removed information upon the death of a protected 352
party must attach the certified copy of a death certificate or 353
court order and must be notarized, must confirm the request for 354
release is due to the death of a protected party, and must 355
specify the Official Records book and page number, instrument 356
number, or clerk's file number for each document containing the 357
information to be released. A fee may not be charged for the 358
release of any document pursuant to such request. 359
10. This paragraph is subject to the Open Government 360
Sunset Review Act in accordance with s. 119.15 and shall stand 361
repealed on October 2, 2024, unless reviewed and saved fr om 362
repeal through reenactment by the Legislature. 363
Section 2. The Legislature finds that it is a public 364
necessity that the home addresses, dates of birth, and telephone 365
numbers of current or former judicial assistants; the names, 366
home addresses, telepho ne numbers, dates of birth, and places of 367
employment of the spouses and children of such judicial 368
assistants; and the names and locations of schools and day care 369
facilities attended by the children of such judicial assistants 370
be made exempt from s. 119.07( 1), Florida Statutes, and s. 371
24(a), Article I of the State Constitution. Such identifying and 372
location information can be used as a tool to perpetuate fraud 373
against an individual or to acquire sensitive personal, 374
financial, medical, and familial informatio n, the release of 375
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which could cause great financial harm to the individual. In the 376
course of assisting in making rulings, entering judgments, 377
imposing sentences, or reviewing cases, judicial assistants may 378
engender ill will with litigants, the accused, the convicted, 379
and their associates and families, thus making the judicial 380
assistants, and their spouses and children, targets for acts of 381
revenge. This risk continues after judicial assistants complete 382
their public service because disgruntled individuals may wait 383
until the employment of a judicial assistant ends to commit an 384
act of revenge. If such identifying and location information is 385
released, the safety of current or former judicial assistants 386
and their spouses and children could be seriously jeopardized . 387
For these reasons, the Legislature finds that it is a public 388
necessity that such information be made exempt from public 389
records requirements. 390
Section 3. This act shall take effect July 1, 2022. 391