HB 869 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0869-00
Page 1 of 17
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 ES
A bill to be entitled 1
An act relating to public records; amending s. 2
119.071, F.S.; providing a definition; providing an 3
exemption from public records requirements for the 4
personal identifying and location information of 5
current appellate court clerks and the spouses and 6
children of such appellate court clerks; providing for 7
future legislative review and repeal of the exemption; 8
providing for retroactive application; amending s. 9
744.21031, F.S.; conforming a cross -reference; 10
providing a statement of public necessity; providing 11
an effective date. 12
13
Be It Enacted by the Legislature of the State of Florida: 14
15
Section 1. Paragraph (d) of subsection (4) of section 16
119.071, Florida Statutes, is amended to read: 17
119.071 General exemptions from inspection or copying of 18
public records.— 19
(4) AGENCY PERSONNEL INFORMATION. — 20
(d)1. For purposes of this paragraph, the term: 21
a. "Appellate court clerk" means a person appointed as a 22
clerk of the Florida Supreme Court pursuant to s. 3(c), Art. V 23
of the State Constitution, a person appointed as a clerk of a 24
district court of appeal pursuant to s. 4(c), Art. V of the 25
HB 869 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0869-00
Page 2 of 17
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 ES
State Constitution, or a court employee assigned to the 2610 or 26
2620 class code. 27
b.a. "Home addresses" means the dwelling location at which 28
an individual resides and includes the physical address, mailing 29
address, street address, parcel identification number, plot 30
identification number, legal property description, neighborhood 31
name and lot number, GPS coordinates, and any other descriptive 32
property information that may reveal the home address. 33
c.b. "Judicial assistant" means a court employee assigned 34
to the following class codes: 8140, 8150, 8310, and 8320. 35
d.c. "Telephone numbers" includes home telephone numbers, 36
personal cellular telephone numbers, personal pager telephone 37
numbers, and telephone numbers associated with personal 38
communications devices. 39
2.a. The home addresses, telephone numbers, dates of 40
birth, and photograp hs of active or former sworn law enforcement 41
personnel or of active or former civilian personnel employed by 42
a law enforcement agency, including correctional and 43
correctional probation officers, personnel of the Department of 44
Children and Families whose du ties include the investigation of 45
abuse, neglect, exploitation, fraud, theft, or other criminal 46
activities, personnel of the Department of Health whose duties 47
are to support the investigation of child abuse or neglect, and 48
personnel of the Department of Re venue or local governments 49
whose responsibilities include revenue collection and 50
HB 869 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0869-00
Page 3 of 17
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 ES
enforcement or child support enforcement; the names, home 51
addresses, telephone numbers, photographs, dates of birth, and 52
places of employment of the spouses and children of su ch 53
personnel; and the names and locations of schools and day care 54
facilities attended by the children of such personnel are exempt 55
from s. 119.07(1) and s. 24(a), Art. I of the State 56
Constitution. 57
b. The home addresses, telephone numbers, dates of birth, 58
and photographs of current or former nonsworn investigative 59
personnel of the Department of Financial Services whose duties 60
include the investigation of fraud, theft, workers' compensation 61
coverage requirements and compliance, other related criminal 62
activities, or state regulatory requirement violations; the 63
names, home addresses, telephone numbers, dates of birth, and 64
places of employment of the spouses and children of such 65
personnel; and the names and locations of schools and day care 66
facilities attended by the children of such personnel are exempt 67
from s. 119.07(1) and s. 24(a), Art. I of the State 68
Constitution. 69
c. The home addresses, telephone numbers, dates of birth, 70
and photographs of current or former nonsworn investigative 71
personnel of the Office o f Financial Regulation's Bureau of 72
Financial Investigations whose duties include the investigation 73
of fraud, theft, other related criminal activities, or state 74
regulatory requirement violations; the names, home addresses, 75
HB 869 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0869-00
Page 4 of 17
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 ES
telephone numbers, dates of birth, and places of employment of 76
the spouses and children of such personnel; and the names and 77
locations of schools and day care facilities attended by the 78
children of such personnel are exempt from s. 119.07(1) and s. 79
24(a), Art. I of the State Constitution. 80
d. The home addresses, telephone numbers, dates of birth, 81
and photographs of current or former firefighters certified in 82
compliance with s. 633.408; the names, home addresses, telephone 83
numbers, photographs, dates of birth, and places of employment 84
of the spouses and children of such firefighters; and the names 85
and locations of schools and day care facilities attended by the 86
children of such firefighters are exempt from s. 119.07(1) and 87
s. 24(a), Art. I of the State Constitution. 88
e. The home addresses, dates of birth, and telephone 89
numbers of current or former justices of the Supreme Court, 90
district court of appeal judges, circuit court judges, and 91
county court judges, and of current judicial assistants and 92
appellate court clerks ; the names, home addresses, telephone 93
numbers, dates of birth, and places of employment of the spouses 94
and children of current or former justices and judges and of 95
current judicial assistants and appellate court clerks ; and the 96
names and locations of schoo ls and day care facilities attended 97
by the children of current or former justices and judges and of 98
current judicial assistants and appellate court clerks are 99
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 100
HB 869 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0869-00
Page 5 of 17
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 ES
Constitution. This sub -subparagraph is subject to the Open 101
Government Sunset Review Act in accordance with s. 119.15 and 102
shall stand repealed on October 2, 2029 2028, unless reviewed 103
and saved from repeal through reenactment by the Legislature. 104
f. The home addresses, telephone numbers, dates of birth, 105
and photographs of current or former state attorneys, assistant 106
state attorneys, statewide prosecutors, or assistant statewide 107
prosecutors; the names, home addresses, telephone numbers, 108
photographs, dates of birth, and places of employment of th e 109
spouses and children of current or former state attorneys, 110
assistant state attorneys, statewide prosecutors, or assistant 111
statewide prosecutors; and the names and locations of schools 112
and day care facilities attended by the children of current or 113
former state attorneys, assistant state attorneys, statewide 114
prosecutors, or assistant statewide prosecutors are exempt from 115
s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 116
g. The home addresses, dates of birth, and telephone 117
numbers of general mag istrates, special magistrates, judges of 118
compensation claims, administrative law judges of the Division 119
of Administrative Hearings, and child support enforcement 120
hearing officers; the names, home addresses, telephone numbers, 121
dates of birth, and places of employment of the spouses and 122
children of general magistrates, special magistrates, judges of 123
compensation claims, administrative law judges of the Division 124
of Administrative Hearings, and child support enforcement 125
HB 869 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0869-00
Page 6 of 17
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 ES
hearing officers; and the names and locat ions of schools and day 126
care facilities attended by the children of general magistrates, 127
special magistrates, judges of compensation claims, 128
administrative law judges of the Division of Administrative 129
Hearings, and child support enforcement hearing officer s are 130
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 131
Constitution. 132
h. The home addresses, telephone numbers, dates of birth, 133
and photographs of current or former human resource, labor 134
relations, or employee relations directors, assistant dire ctors, 135
managers, or assistant managers of any local government agency 136
or water management district whose duties include hiring and 137
firing employees, labor contract negotiation, administration, or 138
other personnel-related duties; the names, home addresses, 139
telephone numbers, dates of birth, and places of employment of 140
the spouses and children of such personnel; and the names and 141
locations of schools and day care facilities attended by the 142
children of such personnel are exempt from s. 119.07(1) and s. 143
24(a), Art. I of the State Constitution. 144
i. The home addresses, telephone numbers, dates of birth, 145
and photographs of current or former code enforcement officers; 146
the names, home addresses, telephone numbers, dates of birth, 147
and places of employment of the spous es and children of such 148
personnel; and the names and locations of schools and day care 149
facilities attended by the children of such personnel are exempt 150
HB 869 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0869-00
Page 7 of 17
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 ES
from s. 119.07(1) and s. 24(a), Art. I of the State 151
Constitution. 152
j. The home addresses, telephone num bers, places of 153
employment, dates of birth, and photographs of current or former 154
guardians ad litem, as defined in s. 39.820; the names, home 155
addresses, telephone numbers, dates of birth, and places of 156
employment of the spouses and children of such persons ; and the 157
names and locations of schools and day care facilities attended 158
by the children of such persons are exempt from s. 119.07(1) and 159
s. 24(a), Art. I of the State Constitution. 160
k. The home addresses, telephone numbers, dates of birth, 161
and photographs of current or former juvenile probation 162
officers, juvenile probation supervisors, detention 163
superintendents, assistant detention superintendents, juvenile 164
justice detention officers I and II, juvenile justice detention 165
officer supervisors, juvenile just ice residential officers, 166
juvenile justice residential officer supervisors I and II, 167
juvenile justice counselors, juvenile justice counselor 168
supervisors, human services counselor administrators, senior 169
human services counselor administrators, rehabilitatio n 170
therapists, and social services counselors of the Department of 171
Juvenile Justice; the names, home addresses, telephone numbers, 172
dates of birth, and places of employment of spouses and children 173
of such personnel; and the names and locations of schools and 174
day care facilities attended by the children of such personnel 175
HB 869 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0869-00
Page 8 of 17
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 ES
are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 176
Constitution. 177
l. The home addresses, telephone numbers, dates of birth, 178
and photographs of current or former public defenders, assistant 179
public defenders, criminal conflict and civil regional counsel, 180
and assistant criminal conflict and civil regional counsel; the 181
names, home addresses, telephone numbers, dates of birth, and 182
places of employment of the spouses and children of curr ent or 183
former public defenders, assistant public defenders, criminal 184
conflict and civil regional counsel, and assistant criminal 185
conflict and civil regional counsel; and the names and locations 186
of schools and day care facilities attended by the children of 187
current or former public defenders, assistant public defenders, 188
criminal conflict and civil regional counsel, and assistant 189
criminal conflict and civil regional counsel are exempt from s. 190
119.07(1) and s. 24(a), Art. I of the State Constitution. 191
m. The home addresses, telephone numbers, dates of birth, 192
and photographs of current or former investigators or inspectors 193
of the Department of Business and Professional Regulation; the 194
names, home addresses, telephone numbers, dates of birth, and 195
places of employment of the spouses and children of such current 196
or former investigators and inspectors; and the names and 197
locations of schools and day care facilities attended by the 198
children of such current or former investigators and inspectors 199
are exempt from s. 119. 07(1) and s. 24(a), Art. I of the State 200
HB 869 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0869-00
Page 9 of 17
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 ES
Constitution. 201
n. The home addresses, telephone numbers, and dates of 202
birth of county tax collectors; the names, home addresses, 203
telephone numbers, dates of birth, and places of employment of 204
the spouses and childre n of such tax collectors; and the names 205
and locations of schools and day care facilities attended by the 206
children of such tax collectors are exempt from s. 119.07(1) and 207
s. 24(a), Art. I of the State Constitution. 208
o. The home addresses, telephone numbers , dates of birth, 209
and photographs of current or former personnel of the Department 210
of Health whose duties include, or result in, the determination 211
or adjudication of eligibility for social security disability 212
benefits, the investigation or prosecution of c omplaints filed 213
against health care practitioners, or the inspection of health 214
care practitioners or health care facilities licensed by the 215
Department of Health; the names, home addresses, telephone 216
numbers, dates of birth, and places of employment of the spouses 217
and children of such personnel; and the names and locations of 218
schools and day care facilities attended by the children of such 219
personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 220
the State Constitution. 221
p. The home addresses, telephon e numbers, dates of birth, 222
and photographs of current or former impaired practitioner 223
consultants who are retained by an agency or current or former 224
employees of an impaired practitioner consultant whose duties 225
HB 869 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0869-00
Page 10 of 17
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 ES
result in a determination of a person's skill and safety to 226
practice a licensed profession; the names, home addresses, 227
telephone numbers, dates of birth, and places of employment of 228
the spouses and children of such consultants or their employees; 229
and the names and locations of schools and day care fa cilities 230
attended by the children of such consultants or employees are 231
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 232
Constitution. 233
q. The home addresses, telephone numbers, dates of birth, 234
and photographs of current or former emergency medic al 235
technicians or paramedics certified under chapter 401; the 236
names, home addresses, telephone numbers, dates of birth, and 237
places of employment of the spouses and children of such 238
emergency medical technicians or paramedics; and the names and 239
locations of schools and day care facilities attended by the 240
children of such emergency medical technicians or paramedics are 241
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 242
Constitution. 243
r. The home addresses, telephone numbers, dates of birth, 244
and photographs of current or former personnel employed in an 245
agency's office of inspector general or internal audit 246
department whose duties include auditing or investigating waste, 247
fraud, abuse, theft, exploitation, or other activities that 248
could lead to criminal prosecution or administrative discipline; 249
the names, home addresses, telephone numbers, dates of birth, 250
HB 869 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0869-00
Page 11 of 17
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 ES
and places of employment of spouses and children of such 251
personnel; and the names and locations of schools and day care 252
facilities attended by the child ren of such personnel are exempt 253
from s. 119.07(1) and s. 24(a), Art. I of the State 254
Constitution. 255
s. The home addresses, telephone numbers, dates of birth, 256
and photographs of current or former directors, managers, 257
supervisors, nurses, and clinical emplo yees of an addiction 258
treatment facility; the home addresses, telephone numbers, 259
photographs, dates of birth, and places of employment of the 260
spouses and children of such personnel; and the names and 261
locations of schools and day care facilities attended by the 262
children of such personnel are exempt from s. 119.07(1) and s. 263
24(a), Art. I of the State Constitution. For purposes of this 264
sub-subparagraph, the term "addiction treatment facility" means 265
a county government, or agency thereof, that is licensed 266
pursuant to s. 397.401 and provides substance abuse prevention, 267
intervention, or clinical treatment, including any licensed 268
service component described in s. 397.311(26). 269
t. The home addresses, telephone numbers, dates of birth, 270
and photographs of current or f ormer directors, managers, 271
supervisors, and clinical employees of a child advocacy center 272
that meets the standards of s. 39.3035(2) and fulfills the 273
screening requirement of s. 39.3035(3), and the members of a 274
Child Protection Team as described in s. 39.30 3 whose duties 275
HB 869 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0869-00
Page 12 of 17
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 ES
include supporting the investigation of child abuse or sexual 276
abuse, child abandonment, child neglect, and child exploitation 277
or to provide services as part of a multidisciplinary case 278
review team; the names, home addresses, telephone number s, 279
photographs, dates of birth, and places of employment of the 280
spouses and children of such personnel and members; and the 281
names and locations of schools and day care facilities attended 282
by the children of such personnel and members are exempt from s. 283
119.07(1) and s. 24(a), Art. I of the State Constitution. 284
u. The home addresses, telephone numbers, places of 285
employment, dates of birth, and photographs of current or former 286
staff and domestic violence advocates, as defined in s. 287
90.5036(1)(b), of domestic violence centers certified by the 288
Department of Children and Families under chapter 39; the names, 289
home addresses, telephone numbers, places of employment, dates 290
of birth, and photographs of the spouses and children of such 291
personnel; and the names and lo cations of schools and day care 292
facilities attended by the children of such personnel are exempt 293
from s. 119.07(1) and s. 24(a), Art. I of the State 294
Constitution. 295
v. The home addresses, telephone numbers, dates of birth, 296
and photographs of current or for mer inspectors or investigators 297
of the Department of Agriculture and Consumer Services; the 298
names, home addresses, telephone numbers, dates of birth, and 299
places of employment of the spouses and children of current or 300
HB 869 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0869-00
Page 13 of 17
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 ES
former inspectors or investigators; and the names and locations 301
of schools and day care facilities attended by the children of 302
current or former inspectors or investigators are exempt from s. 303
119.07(1) and s. 24(a), Art. I of the State Constitution. This 304
sub-subparagraph is subject to the Open Government Sunset Review 305
Act in accordance with s. 119.15 and shall stand repealed on 306
October 2, 2028, unless reviewed and saved from repeal through 307
reenactment by the Legislature. 308
3. An agency that is the custodian of the information 309
specified in subparagraph 2. and that is not the employer of the 310
officer, employee, justice, judge, or other person specified in 311
subparagraph 2. must maintain the exempt status of that 312
information only if the officer, employee, justice, judge, other 313
person, or employing agen cy of the designated employee submits a 314
written and notarized request for maintenance of the exemption 315
to the custodial agency. The request must state under oath the 316
statutory basis for the individual's exemption request and 317
confirm the individual's status as a party eligible for exempt 318
status. 319
4.a. A county property appraiser, as defined in s. 320
192.001(3), or a county tax collector, as defined in s. 321
192.001(4), who receives a written and notarized request for 322
maintenance of the exemption pursuant to subpa ragraph 3. must 323
comply by removing the name of the individual with exempt status 324
and the instrument number or Official Records book and page 325
HB 869 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0869-00
Page 14 of 17
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 ES
number identifying the property with the exempt status from all 326
publicly available records maintained by the proper ty appraiser 327
or tax collector. For written requests received on or before 328
July 1, 2021, a county property appraiser or county tax 329
collector must comply with this sub -subparagraph by October 1, 330
2021. A county property appraiser or county tax collector may 331
not remove the street address, legal description, or other 332
information identifying real property within the agency's 333
records so long as a name or personal information otherwise 334
exempt from inspection and copying pursuant to this section is 335
not associated with the property or otherwise displayed in the 336
public records of the agency. 337
b. Any information restricted from public display, 338
inspection, or copying under sub -subparagraph a. must be 339
provided to the individual whose information was removed. 340
5. An officer, an employee, a justice, a judge, or other 341
person specified in subparagraph 2. may submit a written request 342
for the release of his or her exempt information to the 343
custodial agency. The written request must be notarized and must 344
specify the information to be released and the party authorized 345
to receive the information. Upon receipt of the written request, 346
the custodial agency must release the specified information to 347
the party authorized to receive such information. 348
6. The exemptions in this paragraph apply to information 349
held by an agency before, on, or after the effective date of the 350
HB 869 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0869-00
Page 15 of 17
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 ES
exemption. 351
7. Information made exempt under this paragraph may be 352
disclosed pursuant to s. 28.2221 to a title insurer authorized 353
pursuant to s. 624.401 and its affilia tes as defined in s. 354
624.10; a title insurance agent or title insurance agency as 355
defined in s. 626.841(1) or (2), respectively; or an attorney 356
duly admitted to practice law in this state and in good standing 357
with The Florida Bar. 358
8. The exempt status of a home address contained in the 359
Official Records is maintained only during the period when a 360
protected party resides at the dwelling location. Upon 361
conveyance of real property after October 1, 2021, and when such 362
real property no longer constitutes a prot ected party's home 363
address as defined in sub -subparagraph 1.b. 1.a., the protected 364
party must submit a written request to release the removed 365
information to the county recorder. The written request to 366
release the removed information must be notarized, must confirm 367
that a protected party's request for release is pursuant to a 368
conveyance of his or her dwelling location, and must specify the 369
Official Records book and page, instrument number, or clerk's 370
file number for each document containing the information t o be 371
released. 372
9. Upon the death of a protected party as verified by a 373
certified copy of a death certificate or court order, any party 374
can request the county recorder to release a protected 375
HB 869 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0869-00
Page 16 of 17
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 ES
decedent's removed information unless there is a related request 376
on file with the county recorder for continued removal of the 377
decedent's information or unless such removal is otherwise 378
prohibited by statute or by court order. The written request to 379
release the removed information upon the death of a protected 380
party must attach the certified copy of a death certificate or 381
court order and must be notarized, must confirm the request for 382
release is due to the death of a protected party, and must 383
specify the Official Records book and page number, instrument 384
number, or clerk's file number for each document containing the 385
information to be released. A fee may not be charged for the 386
release of any document pursuant to such request. 387
10. Except as otherwise expressly provided in this 388
paragraph, this paragraph is subject to the Open Government 389
Sunset Review Act in accordance with s. 119.15 and shall stand 390
repealed on October 2, 2024, unless reviewed and saved from 391
repeal through reenactment by the Legislature. 392
Section 2. Paragraph (c) of subsection (1) of section 393
744.21031, Florida Statutes, is amended to read: 394
744.21031 Public records exemption. — 395
(1) For purposes of this section, the term: 396
(c) "Telephone numbers" has the same meaning as provided 397
in s. 119.071(4)(d)1.d. s. 119.071(4)(d)1.b. 398
Section 3. The Legislature finds that it is a public 399
necessity that the home addresses, dates of birth, and telephone 400
HB 869 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0869-00
Page 17 of 17
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 ES
numbers of current appellate court clerks; the names, home 401
addresses, telephone numbers, dates of birth, and places of 402
employment of the spouses and children of such appellate court 403
clerks; and the names and locations of schools and day care 404
facilities attended by children of such appellate court clerks 405
be made exempt from s. 119.07(1), Florida Statutes, and s. 406
24(a), Article I of the State Constitutio n. While performing 407
their duties to issue court orders, maintain case dockets, 408
answer telephone calls, respond to correspondence, and interact 409
with visitors to the courthouse, appellate court clerks may 410
incur the ill will of litigants and their associates and 411
families. As a result, current appellate court clerks and their 412
spouses and children may be targets for acts of revenge. If such 413
identifying and location information is released, the safety of 414
current appellate court clerks and their spouses and childr en 415
could be seriously jeopardized. For this reason, the Legislature 416
finds that it is a public necessity that such information be 417
made exempt from public records requirements. 418
Section 4. This act shall take effect July 1, 2024. 419