This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0525a.CJS
DATE: 3/10/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 525 Pub. Rec./Current and Former County and City Attorneys
SPONSOR(S): Civil Justice Subcommittee, Arrington
TIED BILLS: IDEN./SIM. BILLS: SB 216
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY
CHIEF
1) Civil Justice Subcommittee 17 Y, 0 N, As CS Loyed Jones
2) Ethics, Elections & Open Government
Subcommittee
3) Judiciary Committee
SUMMARY ANALYSIS
County attorneys and assistant county attorneys perform legal work in a variety of practice areas, representing
and providing legal advice to various county entities and officials. Personal identifying information of county
attorneys and assistant county attorneys is currently not exempt from Florida’s public record laws.
CS/HB 525 creates a public records exemption for current county attorneys and assistant county attorneys.
Specifically, the bill exempts:
Home addresses, dates of birth, photographs, and telephone numbers of current county attorneys and
assistant county attorneys;
Names, home addresses, telephone numbers, dates of birth, photographs, and places of employment
of spouses and children of county attorneys and assistant county attorneys; and
Names and locations of schools and day care facilities attended by the children of county attorneys and
assistant county attorneys.
Per the Open Government Sunset Review Act, this exemption will be automatically repealed on October 2,
2024, unless reenacted by the Legislature. The bill provides a statement of public necessity as required by the
Florida Constitution.
The bill may have an insignificant negative fiscal impact on state and local governments.
The bill provides an effective date of July 1, 2023.
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded public records or public meeting exemption.
The bill creates a new public record exemption for county attorneys and assistant county attorneys
and their families; thus, it requires a two-thirds vote for final passage.
FULL ANALYSIS STORAGE NAME: h0525a.CJS PAGE: 2
DATE: 3/10/2023
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Public Records
Florida’s Constitution provides a broad public records law that allows any person to inspect or copy any
public record made in connection with government business.
1
This guarantee extends to any document
from the legislative, executive, or judicial branches, as well as any agencies, local governments, or
person acting with government authority.
2
Authority to grant exemptions from public records is vested
solely with the Legislature.
3
A proposed exemption must pass by a two-thirds vote of each chamber,
state with specificity the public necessity to justify the exemption, and be no broader than necessary to
accomplish the public purpose.
4
Florida’s public record laws are codified in ch. 119, F.S.
5
Public records include any physical document
or recording, including electronic information.
6
The Florida Supreme Court has defined a public record
as “any material prepared in connection with official agency business which is intended to perpetuate,
communicate, or formalize knowledge of some type.”
7
Whether a document is a public record depends
on the actual nature of the record, not the mere fact that the document was used or accessed at a
place of employment.
8
Public record laws apply to any person who wishes to examine the records.
9
A custodian of public
records must make a good faith effort to produce records and respond to requests.
10
A public officer
who violates the public records law may be subject to criminal or civil penalties.
11
Chapter 119, F.S., does not apply to legislative
12
or judicial records.
13
Creation of Exemptions in Florida Statute
The Legislature has the sole authority to create an exemption to public records requirements.
14
An
exemption must be created by general law and must specifically state the public necessity justifying the
exemption.
15
An exemption serves an identifiable public purpose if the Legislature finds that the
purpose of the exemption outweighs the interest in open government, the purpose cannot be
accomplished without the exemption, and it meets one of the following statutory purposes:
16
1
Art. I, s. 24(a), Fla. Const.
2
Id.
3
Art. I, s. 24(c), Fla. Const.
4
Id.
5
Ss. 119.01-119.15, F.S.
6
S. 119.011, F.S.
7
Shevin v. Byron, 379 So. 2d 633, 640 (Fla. 1980).
8
State v. City of Clearwater, 863 So. 2d 149,154 (Fla. 2003).
9
S. 119.01, F.S.
10
S. 119.07, F.S.
11
S. 119.10, F.S.
12
Locke v. Hawkes, 595 So. 3d 32, 37 (Fla. 1992) (holding that Ch. 119.011, F.S applies to the executive branch and its
agencies and entities over which the Legislature has control). Public record laws pertaining to the Florida Legislature are
codified in s. 11.0431, F.S. Section 11.0431, F.S., allows every person to access legislative public records except for
specific exemptions.
13
Times Pub. Co. v. Ake, 660 So. 2d 255, 257 (Fla. 1995). Fla. R. Jud. Admin. 2.420 governs access to public records of
the judicial branch.
14
Art. I, s. 24(c), Fla. Const.
15
Id.
16
S. 119.15(6)(b), F.S. STORAGE NAME: h0525a.CJS PAGE: 3
DATE: 3/10/2023
The state or political subdivision would be significantly impaired in its ability to carry out government
programs without the exemption;
17
The exemption protects personal sensitive information which, if released, could defame the person
or jeopardize his or her safety;
18
or
The exemption protects business or trade secrets.
19
General Public Records Exemptions
There are three general statutory exemptions that apply to all state agency personnel:
All current and former agency employees are exempt from disclosure of their social security
numbers.
20
Medical information that would identify a current or former employee is exempt from
disclosure.
21
Personal identifying information of the dependent children of former and current employees who
are insured under an agency group insurance plan is exempt from disclosure.
22
There is a difference between public records that are “exempt” or “confidential and exempt.”
23
Information that is “confidential and exempt” may be released only under the circumstances defined by
the Legislature or pursuant to a court order.
24
However, information that is exempt may be released at
the discretion of the records custodian under certain circumstances.
25
Open Government Sunset Review Act
The Open Government Sunset Review Act mandates the renewal and repeal or reenactment of any
exemption under constitutional or statutory authority.
26
Exemptions are repealed automatically on
October 2 of the fifth year unless reenacted by the Legislature.
27
An exemption may be maintained only
if it serves an identifiable public purpose and is not broader than necessary.
28
17
S. 119.15(6)(b)1., F.S.
18
S. 119.15(6)(b)2., F.S.
19
S. 119.15(6)(b)3., F.S.
20
S. 119.071(4)(a), F.S.
21
S. 119.071(4)(b)1., F.S.
22
S. 119.071(4)(b)2., F.S.
23
WFTV, Inc. v. School Bd. of Seminole, 874 So. 2d 48, 53 (Fla. 5th DCA 2004).
24
Id.
25
Williams v. City of Minneola, 575 So. 2d 683, 687 (Fla. 5th DCA 1991) (holding that information that is “exempt” and
not “confidential and exempt” is not prohibited from being displayed at the discretion of the custodian).
26
S. 119.15(2), F.S.
27
S. 119.15(3), F.S.
28
S. 119.15(6)(b), F.S. STORAGE NAME: h0525a.CJS PAGE: 4
DATE: 3/10/2023
County Attorneys and Assistant County Attorneys
County attorneys and assistant county attorneys perform legal work in a variety of practice areas,
representing and providing legal advice to various county entities and officials.
29
The duties of county
attorneys and assistant county attorneys vary by county, but generally their duties include:
30
Acting as lead counsel in litigation;
Preparing resolutions, ordinances, and other proposed legislation;
Representing departments, officials, boards and commissions;
Conducting independent investigations of facts, including interviews, based upon alleged or
potential legal problems;
Conducting legal research regarding complex problems and projects;
Preparing reports, memoranda, and drafting opinions containing proposed or recommended
courses of action or solutions; and
Preparing leases and contracts.
The personal identifying information of county attorneys and assistant county attorneys is currently not
exempt from Florida’s public record laws. Concerns have recently arisen over the safety of county
personnel and various incidents of anti-government activity from both individuals and groups, including
the stalking of a county attorney.
Effect of Proposed Changes
CS/HB 525 creates a public records exemption for current county attorneys and assistant county
attorneys. Specifically, the following personal identifying information are exempt under the bill:
Home addresses, dates of birth, photographs, and telephone numbers;
Names, home addresses, telephone numbers, dates of birth, photographs, and places of
employment of spouses and children of county attorneys and assistant county attorneys; and
Names and locations of schools and day care facilities attended by the children of county
attorneys and assistant county attorneys.
Per the Open Government Sunset Review Act, this exemption will be automatically repealed on
October 2, 2024, unless the Legislature reenacts the exemption.
The public necessity statement recognizes that the release of personal identifying information of county
attorneys and assistant county attorneys could place county attorneys and assistant county attorneys in
danger of being physically and emotionally harmed or stalked. Based on these findings, the statement
indicates the Legislature finds that the harm that may result from the release of the personal
identification information of county attorneys and assistant county attorneys and their families
outweighs any public benefit that may be derived from the release of such information.
B. SECTION DIRECTORY:
Section 1: Amends s. 119.071, F.S., relating to general exemptions from inspection or copying of
public records.
Section 2: Provides a public necessity statement.
Section 3: Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATE MENT
29
Florida Association of Counties, Senior Assistant County Attorney/Assistant County Attorney, https://www.fl-
counties.com/seniorassistant-county-attorneyassistant-county-attorney (last visited Mar. 1, 2023); Hillsborough County,
Office of the County Attorney, https://www.hillsboroughcounty.org/en/government/leadership/county-attorney (last visited
Mar. 2, 2023).
30
Id. STORAGE NAME: h0525a.CJS PAGE: 5
DATE: 3/10/2023
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill may have an insignificant negative fiscal impact on agencies holding records that contain
personal identifying information of county attorneys and assistant county attorneys, because staff
responsible for complying with public record requests may require training related to the expansion of
the public record exemption. Additionally, agencies could incur costs associated with redacting the
confidential and exempt information prior to releasing records. However, these additional costs will
likely be absorbed within existing resources.
COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 9, 2023, the Civil Justice Subcommittee adopted one amendment and reported the bill favorably
as a committee substitute. The amendment limited the application of the public records exemption to
current county attorneys and assistant attorneys.
STORAGE NAME: h0525a.CJS PAGE: 6
DATE: 3/10/2023
This analysis is drafted to the committee substitute as passed by the Civil Justice Subcommittee.