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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 a definition; adding current 3
judicial assistants and their spouses and children to 4
the specified agency personnel and family members to 5
whom an exemption from public records requirements 6
applies; providing for retroactive application of the 7
exemption; providing for future legislative review and 8
repeal of the exemption; providing a statement of 9
public necessity; providing an effective date. 10
11
Be It Enacted by the Legislature of the State of Florida: 12
13
Section 1. Paragraph (d) of subsection (4) of section 14
119.071, Florida Statutes, is amended to read: 15
119.071 General exemptions from ins pection 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, parcel 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. "Judicial assistant" means a court employee assigned to 26
a specific justice's or judge's office and responsible for 27
providing administrative, secretarial, and clerical support to 28
the assigned justice or judge. 29
c.b. "Telephone numbers" includes home telephone numbers, 30
personal cellular telephone numbers, personal pager telephone 31
numbers, and telephone numbers associated with personal 32
communications devices. 33
2.a. The home addresses, telephone numbers, dates of 34
birth, and photographs of active or former sworn law enforce ment 35
personnel or of active or former civilian personnel employed by 36
a law enforcement agency, including correctional and 37
correctional probation officers, personnel of the Department of 38
Children and Families whose duties include the investigation of 39
abuse, neglect, exploitation, fraud, theft, or other criminal 40
activities, personnel of the Department of Health whose duties 41
are to support the investigation of child abuse or neglect, and 42
personnel of the Department of Revenue or local governments 43
whose responsibilities include revenue collection and 44
enforcement or child support enforcement; the names, home 45
addresses, telephone numbers, photographs, dates of birth, and 46
places of employment of the spouses and children of such 47
personnel; and the names and location s of schools and day care 48
facilities attended by the children of such personnel are exempt 49
from s. 119.07(1) and s. 24(a), Art. I of the State 50
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Constitution. 51
b. The home addresses, telephone numbers, dates of birth, 52
and photographs of current or former no nsworn investigative 53
personnel of the Department of Financial Services whose duties 54
include the investigation of fraud, theft, workers' compensation 55
coverage requirements and compliance, other related criminal 56
activities, or state regulatory requirement vi olations; the 57
names, home addresses, telephone numbers, dates of birth, and 58
places of employment of the spouses and children of such 59
personnel; and the names and locations of schools and day care 60
facilities attended by the children of such personnel are ex empt 61
from s. 119.07(1) and s. 24(a), Art. I of the State 62
Constitution. 63
c. The home addresses, telephone numbers, dates of birth, 64
and photographs of current or former nonsworn investigative 65
personnel of the Office of Financial Regulation's Bureau of 66
Financial Investigations whose duties include the investigation 67
of fraud, theft, other related criminal activities, or state 68
regulatory requirement violations; the names, home addresses, 69
telephone numbers, dates of birth, and places of employment of 70
the spouses and children of such personnel; and the names and 71
locations of schools and day care facilities attended by the 72
children of such personnel are exempt from s. 119.07(1) and s. 73
24(a), Art. I of the State Constitution. 74
d. The home addresses, telephone numbe rs, dates of birth, 75
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and photographs of current or former firefighters certified in 76
compliance with s. 633.408; the names, home addresses, telephone 77
numbers, photographs, dates of birth, and places of employment 78
of the spouses and children of such firefight ers; and the names 79
and locations of schools and day care facilities attended by the 80
children of such firefighters are exempt from s. 119.07(1) and 81
s. 24(a), Art. I of the State Constitution. 82
e. The home addresses, dates of birth, and telephone 83
numbers of current or former justices of the Supreme Court, 84
district court of appeal judges, circuit court judges, and 85
county court judges, and of current judicial assistants ; the 86
names, home addresses, telephone numbers, dates of birth, and 87
places of employment of the spouses and children of current or 88
former justices and judges and of current judicial assistants ; 89
and the names and locations of schools and day care facilities 90
attended by the children of current or former justices and 91
judges and of current judicial a ssistants are exempt from s. 92
119.07(1) and s. 24(a), Art. I of the State Constitution. This 93
sub-subparagraph is subject to the Open Government Sunset Review 94
Act in accordance with s. 119.15 and shall stand repealed on 95
October 2, 2028, unless reviewed and s aved from repeal through 96
reenactment by the Legislature. 97
f. The home addresses, telephone numbers, dates of birth, 98
and photographs of current or former state attorneys, assistant 99
state attorneys, statewide prosecutors, or assistant statewide 100
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prosecutors; the names, home addresses, telephone numbers, 101
photographs, dates of birth, and places of employment of the 102
spouses and children of current or former state attorneys, 103
assistant state attorneys, statewide prosecutors, or assistant 104
statewide prosecutors; and the names and locations of schools 105
and day care facilities attended by the children of current or 106
former state attorneys, assistant state attorneys, statewide 107
prosecutors, or assistant statewide prosecutors are exempt from 108
s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 109
g. The home addresses, dates of birth, and telephone 110
numbers of general magistrates, special magistrates, judges of 111
compensation claims, administrative law judges of the Division 112
of Administrative Hearings, and child support enforcement 113
hearing officers; the names, home addresses, telephone numbers, 114
dates of birth, and places of employment of the spouses and 115
children of general magistrates, special magistrates, judges of 116
compensation claims, administrative law judges of the Di vision 117
of Administrative Hearings, and child support enforcement 118
hearing officers; and the names and locations of schools and day 119
care facilities attended by the children of general magistrates, 120
special magistrates, judges of compensation claims, 121
administrative law judges of the Division of Administrative 122
Hearings, and child support enforcement hearing officers are 123
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 124
Constitution. 125
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h. The home addresses, telephone numbers, dates of birth, 126
and photographs of current or former human resource, labor 127
relations, or employee relations directors, assistant directors, 128
managers, or assistant managers of any local government agency 129
or water management district whose duties include hiring and 130
firing employees, labor contract negotiation, administration, or 131
other personnel-related duties; the names, home addresses, 132
telephone numbers, dates of birth, and places of employment of 133
the spouses and children of such personnel; and the names and 134
locations of schools and d ay care facilities attended by the 135
children of such personnel are exempt from s. 119.07(1) and s. 136
24(a), Art. I of the State Constitution. 137
i. The home addresses, telephone numbers, dates of birth, 138
and photographs of current or former code enforcement off icers; 139
the names, home addresses, telephone numbers, dates of birth, 140
and places of employment of the spouses and children of such 141
personnel; and the names and locations of schools and day care 142
facilities attended by the children of such personnel are exemp t 143
from s. 119.07(1) and s. 24(a), Art. I of the State 144
Constitution. 145
j. The home addresses, telephone numbers, places of 146
employment, dates of birth, and photographs of current or former 147
guardians ad litem, as defined in s. 39.820; the names, home 148
addresses, telephone numbers, dates of birth, and places of 149
employment of the spouses and children of such persons; and the 150
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names and locations of schools and day care facilities attended 151
by the children of such persons are exempt from s. 119.07(1) and 152
s. 24(a), Art. I of the State Constitution. 153
k. The home addresses, telephone numbers, dates of birth, 154
and photographs of current or former juvenile probation 155
officers, juvenile probation supervisors, detention 156
superintendents, assistant detention superintendents, j uvenile 157
justice detention officers I and II, juvenile justice detention 158
officer supervisors, juvenile justice residential officers, 159
juvenile justice residential officer supervisors I and II, 160
juvenile justice counselors, juvenile justice counselor 161
supervisors, human services counselor administrators, senior 162
human services counselor administrators, rehabilitation 163
therapists, and social services counselors of the Department of 164
Juvenile Justice; the names, home addresses, telephone numbers, 165
dates of birth, and places of employment of spouses and children 166
of such personnel; and the names and locations of schools and 167
day care facilities attended by the children of such personnel 168
are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 169
Constitution. 170
l. The home addresses, telephone numbers, dates of birth, 171
and photographs of current or former public defenders, assistant 172
public defenders, criminal conflict and civil regional counsel, 173
and assistant criminal conflict and civil regional counsel; the 174
names, home addresses, telephone numbers, dates of birth, and 175
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places of employment of the spouses and children of current or 176
former public defenders, assistant public defenders, criminal 177
conflict and civil regional counsel, and assistant criminal 178
conflict and civil re gional counsel; and the names and locations 179
of schools and day care facilities attended by the children of 180
current or former public defenders, assistant public defenders, 181
criminal conflict and civil regional counsel, and assistant 182
criminal conflict and civ il regional counsel are exempt from s. 183
119.07(1) and s. 24(a), Art. I of the State Constitution. 184
m. The home addresses, telephone numbers, dates of birth, 185
and photographs of current or former investigators or inspectors 186
of the Department of Business and Professional Regulation; the 187
names, home addresses, telephone numbers, dates of birth, and 188
places of employment of the spouses and children of such current 189
or former investigators and inspectors; and the names and 190
locations of schools and day care faciliti es attended by the 191
children of such current or former investigators and inspectors 192
are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 193
Constitution. 194
n. The home addresses, telephone numbers, and dates of 195
birth of county tax collectors; the nam es, home addresses, 196
telephone numbers, dates of birth, and places of employment of 197
the spouses and children of such tax collectors; and the names 198
and locations of schools and day care facilities attended by the 199
children of such tax collectors are exempt fr om s. 119.07(1) and 200
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s. 24(a), Art. I of the State Constitution. 201
o. The home addresses, telephone numbers, dates of birth, 202
and photographs of current or former personnel of the Department 203
of Health whose duties include, or result in, the determination 204
or adjudication of eligibility for social security disability 205
benefits, the investigation or prosecution of complaints filed 206
against health care practitioners, or the inspection of health 207
care practitioners or health care facilities licensed by the 208
Department of Health; the names, home addresses, telephone 209
numbers, dates of birth, and places of employment of the spouses 210
and children of such personnel; and the names and locations of 211
schools and day care facilities attended by the children of such 212
personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 213
the State Constitution. 214
p. The home addresses, telephone numbers, dates of birth, 215
and photographs of current or former impaired practitioner 216
consultants who are retained by an agency or current or former 217
employees of an impaired practitioner consultant whose duties 218
result in a determination of a person's skill and safety to 219
practice a licensed profession; the names, home addresses, 220
telephone numbers, dates of birth, and places of employment of 221
the spouses and children of such consultants or their employees; 222
and the names and locations of schools and day care facilities 223
attended by the children of such consultants or employees are 224
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 225
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Constitution. 226
q. The home addresses, telephone numbers, dates of birth, 227
and photographs of current or former emergency medical 228
technicians or paramedics certified under chapter 401; the 229
names, home addresses, telephone numbers, dates of birth, and 230
places of employment of th e spouses and children of such 231
emergency medical technicians or paramedics; and the names and 232
locations of schools and day care facilities attended by the 233
children of such emergency medical technicians or paramedics are 234
exempt from s. 119.07(1) and s. 24(a ), Art. I of the State 235
Constitution. 236
r. The home addresses, telephone numbers, dates of birth, 237
and photographs of current or former personnel employed in an 238
agency's office of inspector general or internal audit 239
department whose duties include auditing o r investigating waste, 240
fraud, abuse, theft, exploitation, or other activities that 241
could lead to criminal prosecution or administrative discipline; 242
the names, home addresses, telephone numbers, dates of birth, 243
and places of employment of spouses and childr en of such 244
personnel; and the names and locations of schools and day care 245
facilities attended by the children of such personnel are exempt 246
from s. 119.07(1) and s. 24(a), Art. I of the State 247
Constitution. 248
s. The home addresses, telephone numbers, dates o f birth, 249
and photographs of current or former directors, managers, 250
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supervisors, nurses, and clinical employees of an addiction 251
treatment facility; the home addresses, telephone numbers, 252
photographs, dates of birth, and places of employment of the 253
spouses and children of such personnel; and the names and 254
locations of schools and day care facilities attended by the 255
children of such personnel are exempt from s. 119.07(1) and s. 256
24(a), Art. I of the State Constitution. For purposes of this 257
sub-subparagraph, the term "addiction treatment facility" means 258
a county government, or agency thereof, that is licensed 259
pursuant to s. 397.401 and provides substance abuse prevention, 260
intervention, or clinical treatment, including any licensed 261
service component described in s . 397.311(26). 262
t. The home addresses, telephone numbers, dates of birth, 263
and photographs of current or former directors, managers, 264
supervisors, and clinical employees of a child advocacy center 265
that meets the standards of s. 39.3035(2) and fulfills the 266
screening requirement of s. 39.3035(3), and the members of a 267
Child Protection Team as described in s. 39.303 whose duties 268
include supporting the investigation of child abuse or sexual 269
abuse, child abandonment, child neglect, and child exploitation 270
or to provide services as part of a multidisciplinary case 271
review team; the names, home addresses, telephone numbers, 272
photographs, dates of birth, and places of employment of the 273
spouses and children of such personnel and members; and the 274
names and locations of sch ools and day care facilities attended 275
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by the children of such personnel and members are exempt from s. 276
119.07(1) and s. 24(a), Art. I of the State Constitution. 277
u. The home addresses, telephone numbers, places of 278
employment, dates of birth, and photograp hs of current or former 279
staff and domestic violence advocates, as defined in s. 280
90.5036(1)(b), of domestic violence centers certified by the 281
Department of Children and Families under chapter 39; the names, 282
home addresses, telephone numbers, places of emplo yment, dates 283
of birth, and photographs of the spouses and children of such 284
personnel; and the names and locations of schools and day care 285
facilities attended by the children of such personnel are exempt 286
from s. 119.07(1) and s. 24(a), Art. I of the State 287
Constitution. 288
3. An agency that is the custodian of the information 289
specified in subparagraph 2. and that is not the employer of the 290
officer, employee, justice, judge, or other person specified in 291
subparagraph 2. must maintain the exempt status of that 292
information only if the officer, employee, justice, judge, other 293
person, or employing agency of the designated employee submits a 294
written and notarized request for maintenance of the exemption 295
to the custodial agency. The request must state under oath the 296
statutory basis for the individual's exemption request and 297
confirm the individual's status as a party eligible for exempt 298
status. 299
4.a. A county property appraiser, as defined in s. 300
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192.001(3), or a county tax collector, as defined in s. 301
192.001(4), who receives a written and notarized request for 302
maintenance of the exemption pursuant to subparagraph 3. must 303
comply by removing the name of the individual with exempt status 304
and the instrument number or Official Records book and page 305
number identifying the prop erty with the exempt status from all 306
publicly available records maintained by the property appraiser 307
or tax collector. For written requests received on or before 308
July 1, 2021, a county property appraiser or county tax 309
collector must comply with this sub -subparagraph by October 1, 310
2021. A county property appraiser or county tax collector may 311
not remove the street address, legal description, or other 312
information identifying real property within the agency's 313
records so long as a name or personal information ot herwise 314
exempt from inspection and copying pursuant to this section are 315
not associated with the property or otherwise displayed in the 316
public records of the agency. 317
b. Any information restricted from public display, 318
inspection, or copying under sub-subparagraph a. must be 319
provided to the individual whose information was removed. 320
5. An officer, an employee, a justice, a judge, or other 321
person specified in subparagraph 2. may submit a written request 322
for the release of his or her exempt informati on to the 323
custodial agency. The written request must be notarized and must 324
specify the information to be released and the party authorized 325
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to receive the information. Upon receipt of the written request, 326
the custodial agency must release the specified info rmation to 327
the party authorized to receive such information. 328
6. The exemptions in this paragraph apply to information 329
held by an agency before, on, or after the effective date of the 330
exemption. 331
7. Information made exempt under this paragraph may be 332
disclosed pursuant to s. 28.2221 to a title insurer authorized 333
pursuant to s. 624.401 and its affiliates as defined in s. 334
624.10; a title insurance agent or title insurance agency as 335
defined in s. 626.841(1) or (2), respectively; or an attorney 336
duly admitted to practice law in this state and in good standing 337
with The Florida Bar. 338
8. The exempt status of a home address contained in the 339
Official Records is maintained only during the period when a 340
protected party resides at the dwelling location. Upon 341
conveyance of real property after October 1, 2021, and when such 342
real property no longer constitutes a protected party's home 343
address as defined in sub -subparagraph 1.a., the protected party 344
must submit a written request to release the removed information 345
to the county recorder. The written request to release the 346
removed information must be notarized, must confirm that a 347
protected party's request for release is pursuant to a 348
conveyance of his or her dwelling location, and must specify the 349
Official Records book and p age, instrument number, or clerk's 350
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file number for each document containing the information to be 351
released. 352
9. Upon the death of a protected party as verified by a 353
certified copy of a death certificate or court order, any party 354
can request the county rec order to release a protected 355
decedent's removed information unless there is a related request 356
on file with the county recorder for continued removal of the 357
decedent's information or unless such removal is otherwise 358
prohibited by statute or by court order. The written request to 359
release the removed information upon the death of a protected 360
party must attach the certified copy of a death certificate or 361
court order and must be notarized, must confirm the request for 362
release is due to the death of a protected p arty, and must 363
specify the Official Records book and page number, instrument 364
number, or clerk's file number for each document containing the 365
information to be released. A fee may not be charged for the 366
release of any document pursuant to such request. 367
10. Except as otherwise expressly provided in this 368
paragraph, this paragraph is subject to the Open Government 369
Sunset Review Act in accordance with s. 119.15 and shall stand 370
repealed on October 2, 2024, unless reviewed and saved from 371
repeal through reenactme nt by the Legislature. 372
Section 2. The Legislature finds that it is a public 373
necessity that the home addresses, dates of birth, and telephone 374
numbers of current judicial assistants; the names, home 375
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addresses, telephone numbers, dates of birth, and place s of 376
employment of the spouses and children of such judicial 377
assistants; and the names and locations of schools and day care 378
facilities attended by the children of such judicial assistants 379
be made exempt from s. 119.07(1), Florida Statutes, and s. 380
24(a), Article I of the State Constitution. Such identifying and 381
location information can be used as a tool to perpetrate fraud 382
against an individual or to acquire sensitive personal, 383
financial, medical, and familial information, the release of 384
which could cause great financial harm to the individual. In the 385
course of assisting in reviewing cases, maintaining the court 386
docket, screening phone calls and visitors to a justice's or 387
judge's chambers, preparing orders, and coordinating and problem 388
solving with attorneys and litigants, judicial assistants may 389
incur the ill will of litigants, the accused, the convicted, and 390
their associates and families, thus making judicial assistants 391
and their spouses and children targets for acts of revenge. If 392
such identifying and loca tion information is released, the 393
safety of current judicial assistants and their spouses and 394
children could be seriously jeopardized. For these reasons, the 395
Legislature finds that it is a public necessity that such 396
information be made exempt from public r ecords requirements. 397
Section 3. This act shall take effect July 1, 2023. 398