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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 current county administrators, 5
deputy county administrators, assistant county 6
administrators, city managers, deputy city managers, 7
and assistant city managers, including the names and 8
personal identifying and location information of the 9
spouses and children of current county administrators, 10
deputy county administrators, assistant county 11
administrators, city managers, deputy city managers, 12
and assistant city managers; providing for future 13
legislative review and repeal; providing for 14
retroactive application; providing a statement of 15
public necessity; providing an effective date. 16
17
Be It Enacted by the Legislature of the State of Florida: 18
19
Section 1. Paragraph (d) of subsection (4) of section 20
119.071, Florida Statutes, is amended to read: 21
119.071 General exemptions from inspection or copying of 22
public records.— 23
(4) AGENCY PERSONNEL INFORMATION. — 24
(d)1. For purposes of this paragraph, the term: 25
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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. "Home addresses" means the dwelling location at which 26
an individual resides and includes the physical address, mailing 27
address, street address, parcel identification number, plot 28
identification number, legal property description, neighborhood 29
name and lot number, GPS coordinates, and any other descriptive 30
property information that may reveal the home address. 31
b. "Judicial assistant" means a court employee assigned to 32
the following class codes: 8140, 8150, 8310, and 8320. 33
c. "Telephone numbers" includes home telephone numbers, 34
personal cellular telephone numbers, personal pager telephone 35
numbers, and telephone numbers associated with personal 36
communications devices. 37
2.a. The home addresses, telephone numbers, dates of 38
birth, and photographs of active or former sworn law enforcement 39
personnel or of active or former civilian personnel employ ed by 40
a law enforcement agency, including correctional and 41
correctional probation officers, personnel of the Department of 42
Children and Families whose duties include the investigation of 43
abuse, neglect, exploitation, fraud, theft, or other criminal 44
activities, personnel of the Department of Health whose duties 45
are to support the investigation of child abuse or neglect, and 46
personnel of the Department of Revenue or local governments 47
whose responsibilities include revenue collection and 48
enforcement or child s upport enforcement; the names, home 49
addresses, telephone numbers, photographs, dates of birth, and 50
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places of employment of the spouses and children of such 51
personnel; and the names and locations of schools and day care 52
facilities attended by the children o f such personnel are exempt 53
from s. 119.07(1) and s. 24(a), Art. I of the State 54
Constitution. 55
b. The home addresses, telephone numbers, dates of birth, 56
and photographs of current or former nonsworn investigative 57
personnel of the Department of Financial S ervices whose duties 58
include the investigation of fraud, theft, workers' compensation 59
coverage requirements and compliance, other related criminal 60
activities, or state regulatory requirement violations; the 61
names, home addresses, telephone numbers, dates o f birth, and 62
places of employment of the spouses and children of such 63
personnel; and the names and locations of schools and day care 64
facilities attended by the children of such personnel are exempt 65
from s. 119.07(1) and s. 24(a), Art. I of the State 66
Constitution. 67
c. The home addresses, telephone numbers, dates of birth, 68
and photographs of current or former nonsworn investigative 69
personnel of the Office of Financial Regulation's Bureau of 70
Financial Investigations whose duties include the investigation 71
of fraud, theft, other related criminal activities, or state 72
regulatory requirement violations; the names, home addresses, 73
telephone numbers, dates of birth, and places of employment of 74
the spouses and children of such personnel; and the names and 75
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locations of schools and day care facilities attended by the 76
children of such personnel are exempt from s. 119.07(1) and s. 77
24(a), Art. I of the State Constitution. 78
d. The home addresses, telephone numbers, dates of birth, 79
and photographs of current or former firefi ghters certified in 80
compliance with s. 633.408; the names, home addresses, telephone 81
numbers, photographs, dates of birth, and places of employment 82
of the spouses and children of such firefighters; and the names 83
and locations of schools and day care facili ties attended by the 84
children of such firefighters are exempt from s. 119.07(1) and 85
s. 24(a), Art. I of the State Constitution. 86
e. The home addresses, dates of birth, and telephone 87
numbers of current or former justices of the Supreme Court, 88
district court of appeal judges, circuit court judges, and 89
county court judges, and of current judicial assistants; the 90
names, home addresses, telephone numbers, dates of birth, and 91
places of employment of the spouses and children of current or 92
former justices and judg es and of current judicial assistants; 93
and the names and locations of schools and day care facilities 94
attended by the children of current or former justices and 95
judges and of current judicial assistants are exempt from s. 96
119.07(1) and s. 24(a), Art. I of the State Constitution. This 97
sub-subparagraph is subject to the Open Government Sunset Review 98
Act in accordance with s. 119.15 and shall stand repealed on 99
October 2, 2028, unless reviewed and saved from repeal through 100
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reenactment by the Legislature. 101
f. The home addresses, telephone numbers, dates of birth, 102
and photographs of current or former state attorneys, assistant 103
state attorneys, statewide prosecutors, or assistant statewide 104
prosecutors; the names, home addresses, telephone numbers, 105
photographs, dates of birth, and places of employment of the 106
spouses and children of current or former state attorneys, 107
assistant state attorneys, statewide prosecutors, or assistant 108
statewide prosecutors; and the names and locations of schools 109
and day care facilities at tended by the children of current or 110
former state attorneys, assistant state attorneys, statewide 111
prosecutors, or assistant statewide prosecutors are exempt from 112
s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 113
g. The home addresses, dates of birth, and telephone 114
numbers of general magistrates, special magistrates, judges of 115
compensation claims, administrative law judges of the Division 116
of Administrative Hearings, and child support enforcement 117
hearing officers; the names, home addresses, telep hone numbers, 118
dates of birth, and places of employment of the spouses and 119
children of general magistrates, special magistrates, judges of 120
compensation claims, administrative law judges of the Division 121
of Administrative Hearings, and child support enforceme nt 122
hearing officers; and the names and locations of schools and day 123
care facilities attended by the children of general magistrates, 124
special magistrates, judges of compensation claims, 125
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administrative law judges of the Division of Administrative 126
Hearings, and child support enforcement hearing officers are 127
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 128
Constitution. 129
h. The home addresses, telephone numbers, dates of birth, 130
and photographs of current or former human resource, labor 131
relations, or employee relations directors, assistant directors, 132
managers, or assistant managers of any local government agency 133
or water management district whose duties include hiring and 134
firing employees, labor contract negotiation, administration, or 135
other personnel-related duties; the names, home addresses, 136
telephone numbers, dates of birth, and places of employment of 137
the spouses and children of such personnel; and the names and 138
locations of schools and day care facilities attended by the 139
children of such personnel are exempt from s. 119.07(1) and s. 140
24(a), Art. I of the State Constitution. 141
i. The home addresses, telephone numbers, dates of birth, 142
and photographs of current or former code enforcement officers; 143
the names, home addresses, telephone numbers, dates of birth, 144
and places of employment of the spouses and children of such 145
personnel; and the names and locations of schools and day care 146
facilities attended by the children of such personnel are exempt 147
from s. 119.07(1) and s. 24(a), Art. I of the State 148
Constitution. 149
j. The home addresses, telephone numbers, places of 150
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employment, dates of birth, and photographs of current or former 151
guardians ad litem, as defined in s. 39.820; the names, home 152
addresses, telephone numbers, dates of birth, and places of 153
employment of the spouses and children of such persons; and the 154
names and locations of schools and day care facilities attended 155
by the children of such persons are exempt from s. 119.07(1) and 156
s. 24(a), Art. I of the State Constitution. 157
k. The home addresses, tele phone numbers, dates of birth, 158
and photographs of current or former juvenile probation 159
officers, juvenile probation supervisors, detention 160
superintendents, assistant detention superintendents, juvenile 161
justice detention officers I and II, juvenile justice detention 162
officer supervisors, juvenile justice residential officers, 163
juvenile justice residential officer supervisors I and II, 164
juvenile justice counselors, juvenile justice counselor 165
supervisors, human services counselor administrators, senior 166
human services counselor administrators, rehabilitation 167
therapists, and social services counselors of the Department of 168
Juvenile Justice; the names, home addresses, telephone numbers, 169
dates of birth, and places of employment of spouses and children 170
of such personnel; and the names and locations of schools and 171
day care facilities attended by the children of such personnel 172
are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 173
Constitution. 174
l. The home addresses, telephone numbers, dates of birth, 175
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and photographs of current or former public defenders, assistant 176
public defenders, criminal conflict and civil regional counsel, 177
and assistant criminal conflict and civil regional counsel; the 178
names, home addresses, telephone numbers, dates of birth, and 179
places of employment of the spouses and children of current or 180
former public defenders, assistant public defenders, criminal 181
conflict and civil regional counsel, and assistant criminal 182
conflict and civil regional counsel; and the names and locations 183
of schools and day care facilities attended by the children of 184
current or former public defenders, assistant public defenders, 185
criminal conflict and civil regional counsel, and assistant 186
criminal conflict and civil regional counsel are exempt from s. 187
119.07(1) and s. 24(a), Art. I of the State Constitution. 188
m. The home addresses, telephone numbers, dates of birth, 189
and photographs of current or former investigators or inspectors 190
of the Department of Business and Professional Regulation; the 191
names, home addresses, telephone numbers, dates of birth, and 192
places of employment of the spouses and children of such current 193
or former investigators and inspectors; and the names and 194
locations of schools and day care facilities attended by the 195
children of such current or former investig ators and inspectors 196
are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 197
Constitution. 198
n. The home addresses, telephone numbers, and dates of 199
birth of county tax collectors; the names, home addresses, 200
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telephone numbers, dates of birth, and pla ces of employment of 201
the spouses and children of such tax collectors; and the names 202
and locations of schools and day care facilities attended by the 203
children of such tax collectors are exempt from s. 119.07(1) and 204
s. 24(a), Art. I of the State Constitution . 205
o. The home addresses, telephone numbers, dates of birth, 206
and photographs of current or former personnel of the Department 207
of Health whose duties include, or result in, the determination 208
or adjudication of eligibility for social security disability 209
benefits, the investigation or prosecution of complaints filed 210
against health care practitioners, or the inspection of health 211
care practitioners or health care facilities licensed by the 212
Department of Health; the names, home addresses, telephone 213
numbers, dates of birth, and places of employment of the spouses 214
and children of such personnel; and the names and locations of 215
schools and day care facilities attended by the children of such 216
personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 217
the State Constitution. 218
p. The home addresses, telephone numbers, dates of birth, 219
and photographs of current or former impaired practitioner 220
consultants who are retained by an agency or current or former 221
employees of an impaired practitioner consultant whose duties 222
result in a determination of a person's skill and safety to 223
practice a licensed profession; the names, home addresses, 224
telephone numbers, dates of birth, and places of employment of 225
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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
the spouses and children of such consultants or their employees; 226
and the names and locations of schools and day care facilities 227
attended by the children of such consultants or employees are 228
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 229
Constitution. 230
q. The home addresses, telephone numbers, dates of birth, 231
and photographs of current or former emergency medical 232
technicians or paramedics certified under chapter 401; the 233
names, home addresses, telephone numbers, dates of birth, and 234
places of employment of the spouses and children of such 235
emergency medical technicians o r paramedics; and the names and 236
locations of schools and day care facilities attended by the 237
children of such emergency medical technicians or paramedics are 238
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 239
Constitution. 240
r. The home addresses, telephone numbers, dates of birth, 241
and photographs of current or former personnel employed in an 242
agency's office of inspector general or internal audit 243
department whose duties include auditing or investigating waste, 244
fraud, abuse, theft, exploitation, or o ther activities that 245
could lead to criminal prosecution or administrative discipline; 246
the names, home addresses, telephone numbers, dates of birth, 247
and places of employment of spouses and children of such 248
personnel; and the names and locations of schools a nd day care 249
facilities attended by the children of such personnel are exempt 250
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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
from s. 119.07(1) and s. 24(a), Art. I of the State 251
Constitution. 252
s. The home addresses, telephone numbers, dates of birth, 253
and photographs of current or former directors, manag ers, 254
supervisors, nurses, and clinical employees of an addiction 255
treatment facility; the home addresses, telephone numbers, 256
photographs, dates of birth, and places of employment of the 257
spouses and children of such personnel; and the names and 258
locations of schools and day care facilities attended by the 259
children of such personnel are exempt from s. 119.07(1) and s. 260
24(a), Art. I of the State Constitution. For purposes of this 261
sub-subparagraph, the term "addiction treatment facility" means 262
a county government, or agency thereof, that is licensed 263
pursuant to s. 397.401 and provides substance abuse prevention, 264
intervention, or clinical treatment, including any licensed 265
service component described in s. 397.311(26). 266
t. The home addresses, telephone numbers, dat es of birth, 267
and photographs of current or former directors, managers, 268
supervisors, and clinical employees of a child advocacy center 269
that meets the standards of s. 39.3035(2) and fulfills the 270
screening requirement of s. 39.3035(3), and the members of a 271
Child Protection Team as described in s. 39.303 whose duties 272
include supporting the investigation of child abuse or sexual 273
abuse, child abandonment, child neglect, and child exploitation 274
or to provide services as part of a multidisciplinary case 275
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review team; the names, home addresses, telephone numbers, 276
photographs, dates of birth, and places of employment of the 277
spouses and children of such personnel and members; and the 278
names and locations of schools and day care facilities attended 279
by the children of such personnel and members are exempt from s. 280
119.07(1) and s. 24(a), Art. I of the State Constitution. 281
u. The home addresses, telephone numbers, places of 282
employment, dates of birth, and photographs of current or former 283
staff and domestic violence advocates, as defined in s. 284
90.5036(1)(b), of domestic violence centers certified by the 285
Department of Children and Families under chapter 39; the names, 286
home addresses, telephone numbers, places of employment, dates 287
of birth, and photographs of the spouses and chil dren of such 288
personnel; and the names and locations of schools and day care 289
facilities attended by the children of such personnel are exempt 290
from s. 119.07(1) and s. 24(a), Art. I of the State 291
Constitution. 292
v. The home addresses, telephone numbers, dates of birth, 293
and photographs of current or former inspectors or investigators 294
of the Department of Agriculture and Consumer Services; the 295
names, home addresses, telephone numbers, dates of birth, and 296
places of employment of the spouses and children of curren t or 297
former inspectors or investigators; and the names and locations 298
of schools and day care facilities attended by the children of 299
current or former inspectors or investigators are exempt from s. 300
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119.07(1) and s. 24(a), Art. I of the State Constitution. T his 301
sub-subparagraph is subject to the Open Government Sunset Review 302
Act in accordance with s. 119.15 and shall stand repealed on 303
October 2, 2028, unless reviewed and saved from repeal through 304
reenactment by the Legislature. 305
w. The home addresses, teleph one numbers, and dates of 306
birth of current county administrators, deputy county 307
administrators, assistant county administrators, city managers, 308
deputy city managers, and assistant city managers; the names, 309
home addresses, telephone numbers, dates of birth, photographs, 310
and places of employment of the spouses and children of current 311
county administrators, deputy county administrators, assistant 312
county administrators, city managers, deputy city managers, and 313
assistant city managers; and the names and location s of schools 314
and day care facilities attended by the children of current 315
county administrators, deputy county administrators, assistant 316
county administrators, city managers, deputy city managers, and 317
assistant city managers are exempt from s. 119.07(1) and s. 318
24(a), Art. I of the State Constitution. This sub -subparagraph 319
is subject to the Open Government Sunset Review Act in 320
accordance with s. 119.15 and shall stand repealed on October 2, 321
2029, unless reviewed and saved from repeal through reenactment 322
by the Legislature. 323
3. An agency that is the custodian of the information 324
specified in subparagraph 2. and that is not the employer of the 325
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officer, employee, justice, judge, or other person specified in 326
subparagraph 2. must maintain the exempt status of that 327
information only if the officer, employee, justice, judge, other 328
person, or employing agency of the designated employee submits a 329
written and notarized request for maintenance of the exemption 330
to the custodial agency. The request must state under oath the 331
statutory basis for the individual's exemption request and 332
confirm the individual's status as a party eligible for exempt 333
status. 334
4.a. A county property appraiser, as defined in s. 335
192.001(3), or a county tax collector, as defined in s. 336
192.001(4), who receives a written and notarized request for 337
maintenance of the exemption pursuant to subparagraph 3. must 338
comply by removing the name of the individual with exempt status 339
and the instrument number or Official Records book and page 340
number identifying the pr operty with the exempt status from all 341
publicly available records maintained by the property appraiser 342
or tax collector. For written requests received on or before 343
July 1, 2021, a county property appraiser or county tax 344
collector must comply with this sub -subparagraph by October 1, 345
2021. A county property appraiser or county tax collector may 346
not remove the street address, legal description, or other 347
information identifying real property within the agency's 348
records so long as a name or personal information otherwise 349
exempt from inspection and copying pursuant to this section is 350
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not associated with the property or otherwise displayed in the 351
public records of the agency. 352
b. Any information restricted from public display, 353
inspection, or copying under sub -subparagraph a. must be 354
provided to the individual whose information was removed. 355
5. An officer, an employee, a justice, a judge, or other 356
person specified in subparagraph 2. may submit a written request 357
for the release of his or her exempt information to th e 358
custodial agency. The written request must be notarized and must 359
specify the information to be released and the party authorized 360
to receive the information. Upon receipt of the written request, 361
the custodial agency must release the specified information to 362
the party authorized to receive such information. 363
6. The exemptions in this paragraph apply to information 364
held by an agency before, on, or after the effective date of the 365
exemption. 366
7. Information made exempt under this paragraph may be 367
disclosed pursuant to s. 28.2221 to a title insurer authorized 368
pursuant to s. 624.401 and its affiliates as defined in s. 369
624.10; a title insurance agent or title insurance agency as 370
defined in s. 626.841(1) or (2), respectively; or an attorney 371
duly admitted to pract ice law in this state and in good standing 372
with The Florida Bar. 373
8. The exempt status of a home address contained in the 374
Official Records is maintained only during the period when a 375
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protected party resides at the dwelling location. Upon 376
conveyance of real property after October 1, 2021, and when such 377
real property no longer constitutes a protected party's home 378
address as defined in sub -subparagraph 1.a., the protected party 379
must submit a written request to release the removed information 380
to the county recorder. The written request to release the 381
removed information must be notarized, must confirm that a 382
protected party's request for release is pursuant to a 383
conveyance of his or her dwelling location, and must specify the 384
Official Records book and page, ins trument number, or clerk's 385
file number for each document containing the information to be 386
released. 387
9. Upon the death of a protected party as verified by a 388
certified copy of a death certificate or court order, any party 389
can request the county recorder to release a protected 390
decedent's removed information unless there is a related request 391
on file with the county recorder for continued removal of the 392
decedent's information or unless such removal is otherwise 393
prohibited by statute or by court order. The writ ten request to 394
release the removed information upon the death of a protected 395
party must attach the certified copy of a death certificate or 396
court order and must be notarized, must confirm the request for 397
release is due to the death of a protected party, an d must 398
specify the Official Records book and page number, instrument 399
number, or clerk's file number for each document containing the 400
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information to be released. A fee may not be charged for the 401
release of any document pursuant to such request. 402
10. Except as otherwise expressly provided in this 403
paragraph, this paragraph is subject to the Open Government 404
Sunset Review Act in accordance with s. 119.15 and shall stand 405
repealed on October 2, 2024, unless reviewed and saved from 406
repeal through reenactment by th e Legislature. 407
Section 2. The Legislature finds that it is a public 408
necessity that the home addresses, telephone numbers, and dates 409
of birth of current county administrators, deputy county 410
administrators, assistant county administrators, city managers, 411
deputy city managers, and assistant city managers; the names, 412
home addresses, telephone numbers, dates of birth, photographs, 413
and places of employment of the spouses and children of current 414
county administrators, deputy county administrators, assistant 415
county administrators, city managers, deputy city managers, and 416
assistant city managers; and the names and locations of schools 417
and day care facilities attended by the children of current 418
county administrators, deputy county administrators, assistant 419
county administrators, city managers, deputy city managers, and 420
assistant city managers be made exempt from s. 119.07(1), 421
Florida Statutes, and s. 24(a), Article I of the State 422
Constitution. Such identifying and location information can be 423
used as a tool to perpe trate fraud against an individual or to 424
acquire sensitive personal, financial, medical, or familial 425
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information, the release of which could cause great financial or 426
professional harm to the individual. In the course of performing 427
their managerial functions , current county administrators, 428
deputy county administrators, assistant county administrators, 429
city managers, deputy city managers, and assistant city managers 430
may make decisions and determinations that upset members of the 431
public and may incur the ill wi ll of those residents, making 432
current county administrators, deputy county administrators, 433
assistant county administrators, city managers, deputy city 434
managers, and assistant city managers and their spouses and 435
children targets for acts of revenge. If such identifying and 436
location information is released, the safety of current county 437
administrators, deputy county administrators, assistant county 438
administrators, city managers, deputy city managers, and 439
assistant city managers and their spouses and children c ould be 440
seriously jeopardized. For these reasons, the Legislature finds 441
that it is a public necessity that such information be made 442
exempt from public records requirements. 443
Section 3. This act shall take effect July 1, 2024. 444