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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 the personal identifying and 4
location information of the chair, commissioners, and 5
hearing officers of the Public Employees Relations 6
Commission and the personal identifying and location 7
information of spouses and children of such personnel; 8
providing for future legislative review and repeal o f 9
the exemption; providing a statement of public 10
necessity; providing an effective date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
14
Section 1. Paragraph (d) of subsection (4) of section 15
119.071, Florida Statutes, is amended to rea d: 16
119.071 General exemptions from inspection or copying of 17
public records.— 18
(4) AGENCY PERSONNEL INFORMATION. — 19
(d)1. For purposes of this paragraph, the term: 20
a. "Home addresses" means the dwelling location at which 21
an individual resides and inclu des the physical address, mailing 22
address, street address, parcel identification number, plot 23
identification number, legal property description, neighborhood 24
name and lot number, GPS coordinates, and any other descriptive 25
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property information that may reve al the home address. 26
b. "Telephone numbers" includes home telephone numbers, 27
personal cellular telephone numbers, personal pager telephone 28
numbers, and telephone numbers associated with personal 29
communications devices. 30
2.a. The home addresses, telephon e numbers, dates of 31
birth, and photographs of active or former sworn law enforcement 32
personnel or of active or former civilian personnel employed by 33
a law enforcement agency, including correctional and 34
correctional probation officers, personnel of the Depa rtment of 35
Children and Families whose duties include the investigation of 36
abuse, neglect, exploitation, fraud, theft, or other criminal 37
activities, personnel of the Department of Health whose duties 38
are to support the investigation of child abuse or neglec t, and 39
personnel of the Department of Revenue or local governments 40
whose responsibilities include revenue collection and 41
enforcement or child support enforcement; the names, home 42
addresses, telephone numbers, photographs, dates of birth, and 43
places of employment of the spouses and children of such 44
personnel; and the names and locations of schools and day care 45
facilities attended by the children of such personnel are exempt 46
from s. 119.07(1) and s. 24(a), Art. I of the State 47
Constitution. 48
b. The home addresses, telephone numbers, dates of birth, 49
and photographs of current or former nonsworn investigative 50
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personnel of the Department of Financial Services whose duties 51
include the investigation of fraud, theft, workers' compensation 52
coverage requirements and c ompliance, other related criminal 53
activities, or state regulatory requirement violations; the 54
names, home addresses, telephone numbers, dates of birth, and 55
places of employment of the spouses and children of such 56
personnel; and the names and locations of s chools and day care 57
facilities attended by the children of such personnel are exempt 58
from s. 119.07(1) and s. 24(a), Art. I of the State 59
Constitution. 60
c. The home addresses, telephone numbers, dates of birth, 61
and photographs of current or former nonsworn investigative 62
personnel of the Office of Financial Regulation's Bureau of 63
Financial Investigations whose duties include the investigation 64
of fraud, theft, other related criminal activities, or state 65
regulatory requirement violations; the names, home addre sses, 66
telephone numbers, dates of birth, and places of employment of 67
the spouses and children of such personnel; and the names and 68
locations of schools and day care facilities attended by the 69
children of such personnel are exempt from s. 119.07(1) and s. 70
24(a), Art. I of the State Constitution. 71
d. The home addresses, telephone numbers, dates of birth, 72
and photographs of current or former firefighters certified in 73
compliance with s. 633.408; the names, home addresses, telephone 74
numbers, photographs, dates of birth, and places of employment 75
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of the spouses and children of such firefighters; and the names 76
and locations of schools and day care facilities attended by the 77
children of such firefighters are exempt from s. 119.07(1) and 78
s. 24(a), Art. I of the State Constitution. 79
e. The home addresses, dates of birth, and telephone 80
numbers of current or former justices of the Supreme Court, 81
district court of appeal judges, circuit court judges, and 82
county court judges; the names, home addresses, telephone 83
numbers, dates of birth, and places of employment of the spouses 84
and children of current or former justices and judges; and the 85
names and locations of schools and day care facilities attended 86
by the children of current or former justices and judges are 87
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 88
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, and the chair, commissioners , and hearing 106
officers of the Public Employees Relations Commission ; the 107
names, home addresses, telephone numbers, dates of birth, and 108
places of employment of the spouses and children of general 109
magistrates, special magistrates, judges of compensation clai ms, 110
administrative law judges of the Division of Administrative 111
Hearings, and child support enforcement hearing officers , and 112
the chair, commissioners, and hearing officers of the Public 113
Employees Relations Commission ; and the names and locations of 114
schools and day care facilities attended by the children of 115
general magistrates, special magistrates, judges of compensation 116
claims, administrative law judges of the Division of 117
Administrative Hearings, and child support enforcement hearing 118
officers, and the chair, commissioners, and hearing officers of 119
the Public Employees Relations Commission are exempt from s. 120
119.07(1) and s. 24(a), Art. I of the State Constitution. 121
h. The home addresses, telephone numbers, dates of birth, 122
and photographs of current or form er human resource, labor 123
relations, or employee relations directors, assistant directors, 124
managers, or assistant managers of any local government agency 125
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or water management district whose duties include hiring and 126
firing employees, labor contract negotiati on, administration, or 127
other personnel-related duties; the names, home addresses, 128
telephone numbers, dates of birth, and places of employment of 129
the spouses and children of such personnel; and the names and 130
locations of schools and day care facilities atte nded by the 131
children of such personnel are exempt from s. 119.07(1) and s. 132
24(a), Art. I of the State Constitution. 133
i. The home addresses, telephone numbers, dates of birth, 134
and photographs of current or former code enforcement officers; 135
the names, home addresses, telephone numbers, dates of birth, 136
and places of employment of the spouses and children of such 137
personnel; and the names and locations of schools and day care 138
facilities attended by the children of such personnel are exempt 139
from s. 119.07(1) and s. 24(a), Art. I of the State 140
Constitution. 141
j. The home addresses, telephone numbers, places of 142
employment, dates of birth, and photographs of current or former 143
guardians ad litem, as defined in s. 39.820; the names, home 144
addresses, telephone numbers, d ates of birth, and places of 145
employment of the spouses and children of such persons; and the 146
names and locations of schools and day care facilities attended 147
by the children of such persons are exempt from s. 119.07(1) and 148
s. 24(a), Art. I of the State Cons titution. 149
k. The home addresses, telephone numbers, dates of birth, 150
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and photographs of current or former juvenile probation 151
officers, juvenile probation supervisors, detention 152
superintendents, assistant detention superintendents, juvenile 153
justice detention officers I and II, juvenile justice detention 154
officer supervisors, juvenile justice residential officers, 155
juvenile justice residential officer supervisors I and II, 156
juvenile justice counselors, juvenile justice counselor 157
supervisors, human services coun selor administrators, senior 158
human services counselor administrators, rehabilitation 159
therapists, and social services counselors of the Department of 160
Juvenile Justice; the names, home addresses, telephone numbers, 161
dates of birth, and places of employment of spouses and children 162
of such personnel; and the names and locations of schools and 163
day care facilities attended by the children of such personnel 164
are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 165
Constitution. 166
l. The home addresses, telepho ne numbers, dates of birth, 167
and photographs of current or former public defenders, assistant 168
public defenders, criminal conflict and civil regional counsel, 169
and assistant criminal conflict and civil regional counsel; the 170
names, home addresses, telephone nu mbers, dates of birth, and 171
places of employment of the spouses and children of current or 172
former public defenders, assistant public defenders, criminal 173
conflict and civil regional counsel, and assistant criminal 174
conflict and civil regional counsel; and the names and locations 175
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of schools and day care facilities attended by the children of 176
current or former public defenders, assistant public defenders, 177
criminal conflict and civil regional counsel, and assistant 178
criminal conflict and civil regional counsel are exempt from s. 179
119.07(1) and s. 24(a), Art. I of the State Constitution. 180
m. The home addresses, telephone numbers, dates of birth, 181
and photographs of current or former investigators or inspectors 182
of the Department of Business and Professional Regulation ; the 183
names, home addresses, telephone numbers, dates of birth, and 184
places of employment of the spouses and children of such current 185
or former investigators and inspectors; and the names and 186
locations of schools and day care facilities attended by the 187
children of such current or former investigators and inspectors 188
are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 189
Constitution. 190
n. The home addresses, telephone numbers, and dates of 191
birth of county tax collectors; the names, home addresses, 192
telephone numbers, dates of birth, and places of employment of 193
the spouses and children of such tax collectors; and the names 194
and locations of schools and day care facilities attended by the 195
children of such tax collectors are exempt from s. 119.07(1) and 196
s. 24(a), Art. I of the State Constitution. 197
o. The home addresses, telephone numbers, dates of birth, 198
and photographs of current or former personnel of the Department 199
of Health whose duties include, or result in, the determination 200
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or adjudication of eligibi lity for social security disability 201
benefits, the investigation or prosecution of complaints filed 202
against health care practitioners, or the inspection of health 203
care practitioners or health care facilities licensed by the 204
Department of Health; the names, home addresses, telephone 205
numbers, dates of birth, and places of employment of the spouses 206
and children of such personnel; and the names and locations of 207
schools and day care facilities attended by the children of such 208
personnel are exempt from s. 119.07(1 ) and s. 24(a), Art. I of 209
the State Constitution. 210
p. The home addresses, telephone numbers, dates of birth, 211
and photographs of current or former impaired practitioner 212
consultants who are retained by an agency or current or former 213
employees of an impaired practitioner consultant whose duties 214
result in a determination of a person's skill and safety to 215
practice a licensed profession; the names, home addresses, 216
telephone numbers, dates of birth, and places of employment of 217
the spouses and children of such con sultants or their employees; 218
and the names and locations of schools and day care facilities 219
attended by the children of such consultants or employees are 220
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 221
Constitution. 222
q. The home addresses, tele phone numbers, dates of birth, 223
and photographs of current or former emergency medical 224
technicians or paramedics certified under chapter 401; the 225
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names, home addresses, telephone numbers, dates of birth, and 226
places of employment of the spouses and children of such 227
emergency medical technicians or paramedics; and the names and 228
locations of schools and day care facilities attended by the 229
children of such emergency medical technicians or paramedics are 230
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 231
Constitution. 232
r. The home addresses, telephone numbers, dates of birth, 233
and photographs of current or former personnel employed in an 234
agency's office of inspector general or internal audit 235
department whose duties include auditing or investigating waste, 236
fraud, abuse, theft, exploitation, or other activities that 237
could lead to criminal prosecution or administrative discipline; 238
the names, home addresses, telephone numbers, dates of birth, 239
and places of employment of spouses and children of such 240
personnel; and the names and locations of schools and day care 241
facilities attended by the children of such personnel are exempt 242
from s. 119.07(1) and s. 24(a), Art. I of the State 243
Constitution. 244
s. The home addresses, telephone numbers, dates of birth, 245
and photographs of current or former directors, managers, 246
supervisors, nurses, and clinical employees of an addiction 247
treatment facility; the home addresses, telephone numbers, 248
photographs, dates of birth, and places of employment of the 249
spouses and children of such per sonnel; and the names and 250
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locations of schools and day care facilities attended by the 251
children of such personnel are exempt from s. 119.07(1) and s. 252
24(a), Art. I of the State Constitution. For purposes of this 253
sub-subparagraph, the term "addiction treatm ent facility" means 254
a county government, or agency thereof, that is licensed 255
pursuant to s. 397.401 and provides substance abuse prevention, 256
intervention, or clinical treatment, including any licensed 257
service component described in s. 397.311(26). 258
t. The home addresses, telephone numbers, dates of birth, 259
and photographs of current or former directors, managers, 260
supervisors, and clinical employees of a child advocacy center 261
that meets the standards of s. 39.3035(2) and fulfills the 262
screening requirement of s. 39.3035(3), and the members of a 263
Child Protection Team as described in s. 39.303 whose duties 264
include supporting the investigation of child abuse or sexual 265
abuse, child abandonment, child neglect, and child exploitation 266
or to provide services as part o f a multidisciplinary case 267
review team; the names, home addresses, telephone numbers, 268
photographs, dates of birth, and places of employment of the 269
spouses and children of such personnel and members; and the 270
names and locations of schools and day care facil ities attended 271
by the children of such personnel and members are exempt from s. 272
119.07(1) and s. 24(a), Art. I of the State Constitution. 273
u. The home addresses, telephone numbers, places of 274
employment, dates of birth, and photographs of current or former 275
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staff and domestic violence advocates, as defined in s. 276
90.5036(1)(b), of domestic violence centers certified by the 277
Department of Children and Families under chapter 39; the names, 278
home addresses, telephone numbers, places of employment, dates 279
of birth, and photographs of the spouses and children of such 280
personnel; and the names and locations of schools and day care 281
facilities attended by the children of such personnel are exempt 282
from s. 119.07(1) and s. 24(a), Art. I of the State 283
Constitution. 284
3. An agency that is the custodian of the information 285
specified in subparagraph 2. and that is not the employer of the 286
officer, employee, justice, judge, or other person specified in 287
subparagraph 2. must maintain the exempt status of that 288
information only if the o fficer, employee, justice, judge, other 289
person, or employing agency of the designated employee submits a 290
written and notarized request for maintenance of the exemption 291
to the custodial agency. The request must state under oath the 292
statutory basis for the i ndividual's exemption request and 293
confirm the individual's status as a party eligible for exempt 294
status. 295
4.a. A county property appraiser, as defined in s. 296
192.001(3), or a county tax collector, as defined in s. 297
192.001(4), who receives a written and notarized request for 298
maintenance of the exemption pursuant to subparagraph 3. must 299
comply by removing the na me of the individual with exempt status 300
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and the instrument number or Official Records book and page 301
number identifying the property with the exempt status from all 302
publicly available records maintained by the property appraiser 303
or tax collector. For writte n requests received on or before 304
July 1, 2021, a county property appraiser or county tax 305
collector must comply with this sub -subparagraph by October 1, 306
2021. A county property appraiser or county tax collector may 307
not remove the street address, legal descr iption, or other 308
information identifying real property within the agency's 309
records so long as a name or personal information otherwise 310
exempt from inspection and copying pursuant to this section are 311
not associated with the property or otherwise displayed i n the 312
public records of the agency. 313
b. Any information restricted from public display, 314
inspection, or copying under sub -subparagraph a. must be 315
provided to the individual whose information was removed. 316
5. An officer, an employee, a justice, a judge, or other 317
person specified in subparagraph 2. may submit a written request 318
for the release of his or her exempt information to the 319
custodial agency. The written request must be notarized and must 320
specify the information to be released and the party authorized 321
to receive the information. Upon receipt of the written request, 322
the custodial agency must release the specified information to 323
the party authorized to receive such information. 324
6. The exemptions in this paragraph apply to information 325
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held by an agency before, on, or after the effective date of the 326
exemption. 327
7. Information made exempt under this paragraph may be 328
disclosed pursuant to s. 28.2221 to a title insurer authorized 329
pursuant to s. 624.401 and its affiliates as defined in s. 330
624.10; a title insurance agent or title insurance agency as 331
defined in s. 626.841(1) or (2), respectively; or an attorney 332
duly admitted to practice law in this state and in good standing 333
with The Florida Bar. 334
8. The exempt status of a home address contained in the 335
Official Records is maintained only during the period when a 336
protected party resides at the dwelling location. Upon 337
conveyance of real property after October 1, 2021, and when such 338
real property no longer constitutes a protected party's home 339
address as defined in sub-subparagraph 1.a., the protected party 340
must submit a written request to release the removed information 341
to the county recorder. The written request to release the 342
removed information must be notarized, must confirm that a 343
protected party's request for release is pursuant to a 344
conveyance of his or her dwelling location, and must specify the 345
Official Records book and page, instrument number, or clerk's 346
file number for each document containing the information to be 347
released. 348
9. Upon the death of a prote cted party as verified by a 349
certified copy of a death certificate or court order, any party 350
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can request the county recorder to release a protected 351
decedent's removed information unless there is a related request 352
on file with the county recorder for continu ed removal of the 353
decedent's information or unless such removal is otherwise 354
prohibited by statute or by court order. The written request to 355
release the removed information upon the death of a protected 356
party must attach the certified copy of a death certi ficate or 357
court order and must be notarized, must confirm the request for 358
release is due to the death of a protected party, and must 359
specify the Official Records book and page number, instrument 360
number, or clerk's file number for each document containing t he 361
information to be released. A fee may not be charged for the 362
release of any document pursuant to such request. 363
10. This paragraph is subject to the Open Government 364
Sunset Review Act in accordance with s. 119.15 and shall stand 365
repealed on October 2, 2 024, unless reviewed and saved from 366
repeal through reenactment by the Legislature. 367
Section 2. The Legislature finds that it is a public 368
necessity that the home addresses, dates of birth, and telephone 369
numbers of the chair, commissioners, and hearing of ficers of the 370
Public Employees Relations Commission; the names, home 371
addresses, telephone numbers, dates of birth, and places of 372
employment of the spouses and children of such personnel; and 373
the names and locations of schools and day care facilities 374
attended by the children of such personnel be exempt from s. 375
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119.07(1), Florida Statutes, and s. 24(a), Article I of the 376
State Constitution. Such personnel and their families are at a 377
heightened risk of physical and emotional harm from disgruntled 378
individuals who have contentious reactions to actions taken by 379
the commission. In addition, such personnel may be subject to 380
threats or acts of revenge because of the duties they perform. 381
The spouses and children of such personnel are also endangered 382
by people who may seek to intimidate or harm such personnel. The 383
Legislature finds that the harm that may result from the release 384
of such personal identifying and location information outweighs 385
any public benefit that may be derived from disclosure of the 386
information. 387
Section 3. This act shall take effect July 1, 2022. 388