Florida 2022 Regular Session

Florida House Bill H0595 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 the personal identifying and 4
1818 location information of the chair, commissioners, and 5
1919 hearing officers of the Public Employees Relations 6
2020 Commission and the personal identifying and location 7
2121 information of spouses and children of such personnel; 8
2222 providing for future legislative review and repeal o f 9
2323 the exemption; providing a statement of public 10
2424 necessity; providing an effective date. 11
2525 12
2626 Be It Enacted by the Legislature of the State of Florida: 13
2727 14
2828 Section 1. Paragraph (d) of subsection (4) of section 15
2929 119.071, Florida Statutes, is amended to rea d: 16
3030 119.071 General exemptions from inspection or copying of 17
3131 public records.— 18
3232 (4) AGENCY PERSONNEL INFORMATION. — 19
3333 (d)1. For purposes of this paragraph, the term: 20
3434 a. "Home addresses" means the dwelling location at which 21
3535 an individual resides and inclu des the physical address, mailing 22
3636 address, street address, parcel identification number, plot 23
3737 identification number, legal property description, neighborhood 24
3838 name and lot number, GPS coordinates, and any other descriptive 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 property information that may reve al the home address. 26
5252 b. "Telephone numbers" includes home telephone numbers, 27
5353 personal cellular telephone numbers, personal pager telephone 28
5454 numbers, and telephone numbers associated with personal 29
5555 communications devices. 30
5656 2.a. The home addresses, telephon e numbers, dates of 31
5757 birth, and photographs of active or former sworn law enforcement 32
5858 personnel or of active or former civilian personnel employed by 33
5959 a law enforcement agency, including correctional and 34
6060 correctional probation officers, personnel of the Depa rtment of 35
6161 Children and Families whose duties include the investigation of 36
6262 abuse, neglect, exploitation, fraud, theft, or other criminal 37
6363 activities, personnel of the Department of Health whose duties 38
6464 are to support the investigation of child abuse or neglec t, and 39
6565 personnel of the Department of Revenue or local governments 40
6666 whose responsibilities include revenue collection and 41
6767 enforcement or child support enforcement; the names, home 42
6868 addresses, telephone numbers, photographs, dates of birth, and 43
6969 places of employment of the spouses and children of such 44
7070 personnel; and the names and locations of schools and day care 45
7171 facilities attended by the children of such personnel are exempt 46
7272 from s. 119.07(1) and s. 24(a), Art. I of the State 47
7373 Constitution. 48
7474 b. The home addresses, telephone numbers, dates of birth, 49
7575 and photographs of current or former nonsworn investigative 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 personnel of the Department of Financial Services whose duties 51
8989 include the investigation of fraud, theft, workers' compensation 52
9090 coverage requirements and c ompliance, other related criminal 53
9191 activities, or state regulatory requirement violations; the 54
9292 names, home addresses, telephone numbers, dates of birth, and 55
9393 places of employment of the spouses and children of such 56
9494 personnel; and the names and locations of s chools and day care 57
9595 facilities attended by the children of such personnel are exempt 58
9696 from s. 119.07(1) and s. 24(a), Art. I of the State 59
9797 Constitution. 60
9898 c. The home addresses, telephone numbers, dates of birth, 61
9999 and photographs of current or former nonsworn investigative 62
100100 personnel of the Office of Financial Regulation's Bureau of 63
101101 Financial Investigations whose duties include the investigation 64
102102 of fraud, theft, other related criminal activities, or state 65
103103 regulatory requirement violations; the names, home addre sses, 66
104104 telephone numbers, dates of birth, and places of employment of 67
105105 the spouses and children of such personnel; and the names and 68
106106 locations of schools and day care facilities attended by the 69
107107 children of such personnel are exempt from s. 119.07(1) and s. 70
108108 24(a), Art. I of the State Constitution. 71
109109 d. The home addresses, telephone numbers, dates of birth, 72
110110 and photographs of current or former firefighters certified in 73
111111 compliance with s. 633.408; the names, home addresses, telephone 74
112112 numbers, photographs, dates of birth, and places of employment 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 of the spouses and children of such firefighters; and the names 76
126126 and locations of schools and day care facilities attended by the 77
127127 children of such firefighters are exempt from s. 119.07(1) and 78
128128 s. 24(a), Art. I of the State Constitution. 79
129129 e. The home addresses, dates of birth, and telephone 80
130130 numbers of current or former justices of the Supreme Court, 81
131131 district court of appeal judges, circuit court judges, and 82
132132 county court judges; the names, home addresses, telephone 83
133133 numbers, dates of birth, and places of employment of the spouses 84
134134 and children of current or former justices and judges; and the 85
135135 names and locations of schools and day care facilities attended 86
136136 by the children of current or former justices and judges are 87
137137 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 88
138138 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, and the chair, commissioners , and hearing 106
168168 officers of the Public Employees Relations Commission ; the 107
169169 names, home addresses, telephone numbers, dates of birth, and 108
170170 places of employment of the spouses and children of general 109
171171 magistrates, special magistrates, judges of compensation clai ms, 110
172172 administrative law judges of the Division of Administrative 111
173173 Hearings, and child support enforcement hearing officers , and 112
174174 the chair, commissioners, and hearing officers of the Public 113
175175 Employees Relations Commission ; and the names and locations of 114
176176 schools and day care facilities attended by the children of 115
177177 general magistrates, special magistrates, judges of compensation 116
178178 claims, administrative law judges of the Division of 117
179179 Administrative Hearings, and child support enforcement hearing 118
180180 officers, and the chair, commissioners, and hearing officers of 119
181181 the Public Employees Relations Commission are exempt from s. 120
182182 119.07(1) and s. 24(a), Art. I of the State Constitution. 121
183183 h. The home addresses, telephone numbers, dates of birth, 122
184184 and photographs of current or form er human resource, labor 123
185185 relations, or employee relations directors, assistant directors, 124
186186 managers, or assistant managers of any local government agency 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 or water management district whose duties include hiring and 126
200200 firing employees, labor contract negotiati on, administration, or 127
201201 other personnel-related duties; the names, home addresses, 128
202202 telephone numbers, dates of birth, and places of employment of 129
203203 the spouses and children of such personnel; and the names and 130
204204 locations of schools and day care facilities atte nded by the 131
205205 children of such personnel are exempt from s. 119.07(1) and s. 132
206206 24(a), Art. I of the State Constitution. 133
207207 i. The home addresses, telephone numbers, dates of birth, 134
208208 and photographs of current or former code enforcement officers; 135
209209 the names, home addresses, telephone numbers, dates of birth, 136
210210 and places of employment of the spouses and children of such 137
211211 personnel; and the names and locations of schools and day care 138
212212 facilities attended by the children of such personnel are exempt 139
213213 from s. 119.07(1) and s. 24(a), Art. I of the State 140
214214 Constitution. 141
215215 j. The home addresses, telephone numbers, places of 142
216216 employment, dates of birth, and photographs of current or former 143
217217 guardians ad litem, as defined in s. 39.820; the names, home 144
218218 addresses, telephone numbers, d ates of birth, and places of 145
219219 employment of the spouses and children of such persons; and the 146
220220 names and locations of schools and day care facilities attended 147
221221 by the children of such persons are exempt from s. 119.07(1) and 148
222222 s. 24(a), Art. I of the State Cons titution. 149
223223 k. The home addresses, telephone numbers, dates of birth, 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 and photographs of current or former juvenile probation 151
237237 officers, juvenile probation supervisors, detention 152
238238 superintendents, assistant detention superintendents, juvenile 153
239239 justice detention officers I and II, juvenile justice detention 154
240240 officer supervisors, juvenile justice residential officers, 155
241241 juvenile justice residential officer supervisors I and II, 156
242242 juvenile justice counselors, juvenile justice counselor 157
243243 supervisors, human services coun selor administrators, senior 158
244244 human services counselor administrators, rehabilitation 159
245245 therapists, and social services counselors of the Department of 160
246246 Juvenile Justice; the names, home addresses, telephone numbers, 161
247247 dates of birth, and places of employment of spouses and children 162
248248 of such personnel; and the names and locations of schools and 163
249249 day care facilities attended by the children of such personnel 164
250250 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 165
251251 Constitution. 166
252252 l. The home addresses, telepho ne numbers, dates of birth, 167
253253 and photographs of current or former public defenders, assistant 168
254254 public defenders, criminal conflict and civil regional counsel, 169
255255 and assistant criminal conflict and civil regional counsel; the 170
256256 names, home addresses, telephone nu mbers, dates of birth, and 171
257257 places of employment of the spouses and children of current or 172
258258 former public defenders, assistant public defenders, criminal 173
259259 conflict and civil regional counsel, and assistant criminal 174
260260 conflict and civil regional counsel; and the names and locations 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 of schools and day care facilities attended by the children of 176
274274 current or former public defenders, assistant public defenders, 177
275275 criminal conflict and civil regional counsel, and assistant 178
276276 criminal conflict and civil regional counsel are exempt from s. 179
277277 119.07(1) and s. 24(a), Art. I of the State Constitution. 180
278278 m. The home addresses, telephone numbers, dates of birth, 181
279279 and photographs of current or former investigators or inspectors 182
280280 of the Department of Business and Professional Regulation ; the 183
281281 names, home addresses, telephone numbers, dates of birth, and 184
282282 places of employment of the spouses and children of such current 185
283283 or former investigators and inspectors; and the names and 186
284284 locations of schools and day care facilities attended by the 187
285285 children of such current or former investigators and inspectors 188
286286 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 189
287287 Constitution. 190
288288 n. The home addresses, telephone numbers, and dates of 191
289289 birth of county tax collectors; the names, home addresses, 192
290290 telephone numbers, dates of birth, and places of employment of 193
291291 the spouses and children of such tax collectors; and the names 194
292292 and locations of schools and day care facilities attended by the 195
293293 children of such tax collectors are exempt from s. 119.07(1) and 196
294294 s. 24(a), Art. I of the State Constitution. 197
295295 o. The home addresses, telephone numbers, dates of birth, 198
296296 and photographs of current or former personnel of the Department 199
297297 of Health whose duties include, or result in, the determination 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 or adjudication of eligibi lity for social security disability 201
311311 benefits, the investigation or prosecution of complaints filed 202
312312 against health care practitioners, or the inspection of health 203
313313 care practitioners or health care facilities licensed by the 204
314314 Department of Health; the names, home addresses, telephone 205
315315 numbers, dates of birth, and places of employment of the spouses 206
316316 and children of such personnel; and the names and locations of 207
317317 schools and day care facilities attended by the children of such 208
318318 personnel are exempt from s. 119.07(1 ) and s. 24(a), Art. I of 209
319319 the State Constitution. 210
320320 p. The home addresses, telephone numbers, dates of birth, 211
321321 and photographs of current or former impaired practitioner 212
322322 consultants who are retained by an agency or current or former 213
323323 employees of an impaired practitioner consultant whose duties 214
324324 result in a determination of a person's skill and safety to 215
325325 practice a licensed profession; the names, home addresses, 216
326326 telephone numbers, dates of birth, and places of employment of 217
327327 the spouses and children of such con sultants or their employees; 218
328328 and the names and locations of schools and day care facilities 219
329329 attended by the children of such consultants or employees are 220
330330 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 221
331331 Constitution. 222
332332 q. The home addresses, tele phone numbers, dates of birth, 223
333333 and photographs of current or former emergency medical 224
334334 technicians or paramedics certified under chapter 401; 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 names, home addresses, telephone numbers, dates of birth, and 226
348348 places of employment of the spouses and children of such 227
349349 emergency medical technicians or paramedics; and the names and 228
350350 locations of schools and day care facilities attended by the 229
351351 children of such emergency medical technicians or paramedics are 230
352352 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 231
353353 Constitution. 232
354354 r. The home addresses, telephone numbers, dates of birth, 233
355355 and photographs of current or former personnel employed in an 234
356356 agency's office of inspector general or internal audit 235
357357 department whose duties include auditing or investigating waste, 236
358358 fraud, abuse, theft, exploitation, or other activities that 237
359359 could lead to criminal prosecution or administrative discipline; 238
360360 the names, home addresses, telephone numbers, dates of birth, 239
361361 and places of employment of spouses and children of such 240
362362 personnel; and the names and locations of schools and day care 241
363363 facilities attended by the children of such personnel are exempt 242
364364 from s. 119.07(1) and s. 24(a), Art. I of the State 243
365365 Constitution. 244
366366 s. The home addresses, telephone numbers, dates of birth, 245
367367 and photographs of current or former directors, managers, 246
368368 supervisors, nurses, and clinical employees of an addiction 247
369369 treatment facility; the home addresses, telephone numbers, 248
370370 photographs, dates of birth, and places of employment of the 249
371371 spouses and children of such per sonnel; and the names and 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 locations of schools and day care facilities attended by the 251
385385 children of such personnel are exempt from s. 119.07(1) and s. 252
386386 24(a), Art. I of the State Constitution. For purposes of this 253
387387 sub-subparagraph, the term "addiction treatm ent facility" means 254
388388 a county government, or agency thereof, that is licensed 255
389389 pursuant to s. 397.401 and provides substance abuse prevention, 256
390390 intervention, or clinical treatment, including any licensed 257
391391 service component described in s. 397.311(26). 258
392392 t. The home addresses, telephone numbers, dates of birth, 259
393393 and photographs of current or former directors, managers, 260
394394 supervisors, and clinical employees of a child advocacy center 261
395395 that meets the standards of s. 39.3035(2) and fulfills the 262
396396 screening requirement of s. 39.3035(3), and the members of a 263
397397 Child Protection Team as described in s. 39.303 whose duties 264
398398 include supporting the investigation of child abuse or sexual 265
399399 abuse, child abandonment, child neglect, and child exploitation 266
400400 or to provide services as part o f a multidisciplinary case 267
401401 review team; the names, home addresses, telephone numbers, 268
402402 photographs, dates of birth, and places of employment of the 269
403403 spouses and children of such personnel and members; and the 270
404404 names and locations of schools and day care facil ities attended 271
405405 by the children of such personnel and members are exempt from s. 272
406406 119.07(1) and s. 24(a), Art. I of the State Constitution. 273
407407 u. The home addresses, telephone numbers, places of 274
408408 employment, dates of birth, and photographs of current or former 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 staff and domestic violence advocates, as defined in s. 276
422422 90.5036(1)(b), of domestic violence centers certified by the 277
423423 Department of Children and Families under chapter 39; the names, 278
424424 home addresses, telephone numbers, places of employment, dates 279
425425 of birth, and photographs of the spouses and children of such 280
426426 personnel; and the names and locations of schools and day care 281
427427 facilities attended by the children of such personnel are exempt 282
428428 from s. 119.07(1) and s. 24(a), Art. I of the State 283
429429 Constitution. 284
430430 3. An agency that is the custodian of the information 285
431431 specified in subparagraph 2. and that is not the employer of the 286
432432 officer, employee, justice, judge, or other person specified in 287
433433 subparagraph 2. must maintain the exempt status of that 288
434434 information only if the o fficer, employee, justice, judge, other 289
435435 person, or employing agency of the designated employee submits a 290
436436 written and notarized request for maintenance of the exemption 291
437437 to the custodial agency. The request must state under oath the 292
438438 statutory basis for the i ndividual's exemption request and 293
439439 confirm the individual's status as a party eligible for exempt 294
440440 status. 295
441441 4.a. A county property appraiser, as defined in s. 296
442442 192.001(3), or a county tax collector, as defined in s. 297
443443 192.001(4), who receives a written and notarized request for 298
444444 maintenance of the exemption pursuant to subparagraph 3. must 299
445445 comply by removing the na me of the individual with exempt status 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 and the instrument number or Official Records book and page 301
459459 number identifying the property with the exempt status from all 302
460460 publicly available records maintained by the property appraiser 303
461461 or tax collector. For writte n requests received on or before 304
462462 July 1, 2021, a county property appraiser or county tax 305
463463 collector must comply with this sub -subparagraph by October 1, 306
464464 2021. A county property appraiser or county tax collector may 307
465465 not remove the street address, legal descr iption, or other 308
466466 information identifying real property within the agency's 309
467467 records so long as a name or personal information otherwise 310
468468 exempt from inspection and copying pursuant to this section are 311
469469 not associated with the property or otherwise displayed i n the 312
470470 public records of the agency. 313
471471 b. Any information restricted from public display, 314
472472 inspection, or copying under sub -subparagraph a. must be 315
473473 provided to the individual whose information was removed. 316
474474 5. An officer, an employee, a justice, a judge, or other 317
475475 person specified in subparagraph 2. may submit a written request 318
476476 for the release of his or her exempt information to the 319
477477 custodial agency. The written request must be notarized and must 320
478478 specify the information to be released and the party authorized 321
479479 to receive the information. Upon receipt of the written request, 322
480480 the custodial agency must release the specified information to 323
481481 the party authorized to receive such information. 324
482482 6. The exemptions in this paragraph apply to information 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 held by an agency before, on, or after the effective date of the 326
496496 exemption. 327
497497 7. Information made exempt under this paragraph may be 328
498498 disclosed pursuant to s. 28.2221 to a title insurer authorized 329
499499 pursuant to s. 624.401 and its affiliates as defined in s. 330
500500 624.10; a title insurance agent or title insurance agency as 331
501501 defined in s. 626.841(1) or (2), respectively; or an attorney 332
502502 duly admitted to practice law in this state and in good standing 333
503503 with The Florida Bar. 334
504504 8. The exempt status of a home address contained in the 335
505505 Official Records is maintained only during the period when a 336
506506 protected party resides at the dwelling location. Upon 337
507507 conveyance of real property after October 1, 2021, and when such 338
508508 real property no longer constitutes a protected party's home 339
509509 address as defined in sub-subparagraph 1.a., the protected party 340
510510 must submit a written request to release the removed information 341
511511 to the county recorder. The written request to release the 342
512512 removed information must be notarized, must confirm that a 343
513513 protected party's request for release is pursuant to a 344
514514 conveyance of his or her dwelling location, and must specify the 345
515515 Official Records book and page, instrument number, or clerk's 346
516516 file number for each document containing the information to be 347
517517 released. 348
518518 9. Upon the death of a prote cted party as verified by a 349
519519 certified copy of a death certificate or court order, any party 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 can request the county recorder to release a protected 351
533533 decedent's removed information unless there is a related request 352
534534 on file with the county recorder for continu ed removal of the 353
535535 decedent's information or unless such removal is otherwise 354
536536 prohibited by statute or by court order. The written request to 355
537537 release the removed information upon the death of a protected 356
538538 party must attach the certified copy of a death certi ficate or 357
539539 court order and must be notarized, must confirm the request for 358
540540 release is due to the death of a protected party, and must 359
541541 specify the Official Records book and page number, instrument 360
542542 number, or clerk's file number for each document containing t he 361
543543 information to be released. A fee may not be charged for the 362
544544 release of any document pursuant to such request. 363
545545 10. This paragraph is subject to the Open Government 364
546546 Sunset Review Act in accordance with s. 119.15 and shall stand 365
547547 repealed on October 2, 2 024, unless reviewed and saved from 366
548548 repeal through reenactment by the Legislature. 367
549549 Section 2. The Legislature finds that it is a public 368
550550 necessity that the home addresses, dates of birth, and telephone 369
551551 numbers of the chair, commissioners, and hearing of ficers of the 370
552552 Public Employees Relations Commission; the names, home 371
553553 addresses, telephone numbers, dates of birth, and places of 372
554554 employment of the spouses and children of such personnel; and 373
555555 the names and locations of schools and day care facilities 374
556556 attended by the children of such personnel be exempt from s. 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 119.07(1), Florida Statutes, and s. 24(a), Article I of the 376
570570 State Constitution. Such personnel and their families are at a 377
571571 heightened risk of physical and emotional harm from disgruntled 378
572572 individuals who have contentious reactions to actions taken by 379
573573 the commission. In addition, such personnel may be subject to 380
574574 threats or acts of revenge because of the duties they perform. 381
575575 The spouses and children of such personnel are also endangered 382
576576 by people who may seek to intimidate or harm such personnel. The 383
577577 Legislature finds that the harm that may result from the release 384
578578 of such personal identifying and location information outweighs 385
579579 any public benefit that may be derived from disclosure of the 386
580580 information. 387
581581 Section 3. This act shall take effect July 1, 2022. 388