Florida 2024 Regular Session

Florida House Bill H0869 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22
33 HB 869 2024
44
55
66
77 CODING: Words stricken are deletions; words underlined are additions.
88 hb0869-00
99 Page 1 of 17
1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V ES
1111
1212
1313
1414 A bill to be entitled 1
1515 An act relating to public records; amending s. 2
1616 119.071, F.S.; providing a definition; providing an 3
1717 exemption from public records requirements for the 4
1818 personal identifying and location information of 5
1919 current appellate court clerks and the spouses and 6
2020 children of such appellate court clerks; providing for 7
2121 future legislative review and repeal of the exemption; 8
2222 providing for retroactive application; amending s. 9
2323 744.21031, F.S.; conforming a cross -reference; 10
2424 providing a statement of public necessity; providing 11
2525 an effective date. 12
2626 13
2727 Be It Enacted by the Legislature of the State of Florida: 14
2828 15
2929 Section 1. Paragraph (d) of subsection (4) of section 16
3030 119.071, Florida Statutes, is amended to read: 17
3131 119.071 General exemptions from inspection or copying of 18
3232 public records.— 19
3333 (4) AGENCY PERSONNEL INFORMATION. — 20
3434 (d)1. For purposes of this paragraph, the term: 21
3535 a. "Appellate court clerk" means a person appointed as a 22
3636 clerk of the Florida Supreme Court pursuant to s. 3(c), Art. V 23
3737 of the State Constitution, a person appointed as a clerk of a 24
3838 district court of appeal pursuant to s. 4(c), Art. V of the 25
3939
4040 HB 869 2024
4141
4242
4343
4444 CODING: Words stricken are deletions; words underlined are additions.
4545 hb0869-00
4646 Page 2 of 17
4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V ES
4848
4949
5050
5151 State Constitution, or a court employee assigned to the 2610 or 26
5252 2620 class code. 27
5353 b.a. "Home addresses" means the dwelling location at which 28
5454 an individual resides and includes the physical address, mailing 29
5555 address, street address, parcel identification number, plot 30
5656 identification number, legal property description, neighborhood 31
5757 name and lot number, GPS coordinates, and any other descriptive 32
5858 property information that may reveal the home address. 33
5959 c.b. "Judicial assistant" means a court employee assigned 34
6060 to the following class codes: 8140, 8150, 8310, and 8320. 35
6161 d.c. "Telephone numbers" includes home telephone numbers, 36
6262 personal cellular telephone numbers, personal pager telephone 37
6363 numbers, and telephone numbers associated with personal 38
6464 communications devices. 39
6565 2.a. The home addresses, telephone numbers, dates of 40
6666 birth, and photograp hs of active or former sworn law enforcement 41
6767 personnel or of active or former civilian personnel employed by 42
6868 a law enforcement agency, including correctional and 43
6969 correctional probation officers, personnel of the Department of 44
7070 Children and Families whose du ties include the investigation of 45
7171 abuse, neglect, exploitation, fraud, theft, or other criminal 46
7272 activities, personnel of the Department of Health whose duties 47
7373 are to support the investigation of child abuse or neglect, and 48
7474 personnel of the Department of Re venue or local governments 49
7575 whose responsibilities include revenue collection and 50
7676
7777 HB 869 2024
7878
7979
8080
8181 CODING: Words stricken are deletions; words underlined are additions.
8282 hb0869-00
8383 Page 3 of 17
8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V ES
8585
8686
8787
8888 enforcement or child support enforcement; the names, home 51
8989 addresses, telephone numbers, photographs, dates of birth, and 52
9090 places of employment of the spouses and children of su ch 53
9191 personnel; and the names and locations of schools and day care 54
9292 facilities attended by the children of such personnel are exempt 55
9393 from s. 119.07(1) and s. 24(a), Art. I of the State 56
9494 Constitution. 57
9595 b. The home addresses, telephone numbers, dates of birth, 58
9696 and photographs of current or former nonsworn investigative 59
9797 personnel of the Department of Financial Services whose duties 60
9898 include the investigation of fraud, theft, workers' compensation 61
9999 coverage requirements and compliance, other related criminal 62
100100 activities, or state regulatory requirement violations; the 63
101101 names, home addresses, telephone numbers, dates of birth, and 64
102102 places of employment of the spouses and children of such 65
103103 personnel; and the names and locations of schools and day care 66
104104 facilities attended by the children of such personnel are exempt 67
105105 from s. 119.07(1) and s. 24(a), Art. I of the State 68
106106 Constitution. 69
107107 c. The home addresses, telephone numbers, dates of birth, 70
108108 and photographs of current or former nonsworn investigative 71
109109 personnel of the Office o f Financial Regulation's Bureau of 72
110110 Financial Investigations whose duties include the investigation 73
111111 of fraud, theft, other related criminal activities, or state 74
112112 regulatory requirement violations; the names, home addresses, 75
113113
114114 HB 869 2024
115115
116116
117117
118118 CODING: Words stricken are deletions; words underlined are additions.
119119 hb0869-00
120120 Page 4 of 17
121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V ES
122122
123123
124124
125125 telephone numbers, dates of birth, and places of employment of 76
126126 the spouses and children of such personnel; and the names and 77
127127 locations of schools and day care facilities attended by the 78
128128 children of such personnel are exempt from s. 119.07(1) and s. 79
129129 24(a), Art. I of the State Constitution. 80
130130 d. The home addresses, telephone numbers, dates of birth, 81
131131 and photographs of current or former firefighters certified in 82
132132 compliance with s. 633.408; the names, home addresses, telephone 83
133133 numbers, photographs, dates of birth, and places of employment 84
134134 of the spouses and children of such firefighters; and the names 85
135135 and locations of schools and day care facilities attended by the 86
136136 children of such firefighters are exempt from s. 119.07(1) and 87
137137 s. 24(a), Art. I of the State Constitution. 88
138138 e. The home addresses, dates of birth, and telephone 89
139139 numbers of current or former justices of the Supreme Court, 90
140140 district court of appeal judges, circuit court judges, and 91
141141 county court judges, and of current judicial assistants and 92
142142 appellate court clerks ; the names, home addresses, telephone 93
143143 numbers, dates of birth, and places of employment of the spouses 94
144144 and children of current or former justices and judges and of 95
145145 current judicial assistants and appellate court clerks ; and the 96
146146 names and locations of schoo ls and day care facilities attended 97
147147 by the children of current or former justices and judges and of 98
148148 current judicial assistants and appellate court clerks are 99
149149 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 100
150150
151151 HB 869 2024
152152
153153
154154
155155 CODING: Words stricken are deletions; words underlined are additions.
156156 hb0869-00
157157 Page 5 of 17
158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V ES
159159
160160
161161
162162 Constitution. This sub -subparagraph is subject to the Open 101
163163 Government Sunset Review Act in accordance with s. 119.15 and 102
164164 shall stand repealed on October 2, 2029 2028, unless reviewed 103
165165 and saved from repeal through reenactment by the Legislature. 104
166166 f. The home addresses, telephone numbers, dates of birth, 105
167167 and photographs of current or former state attorneys, assistant 106
168168 state attorneys, statewide prosecutors, or assistant statewide 107
169169 prosecutors; the names, home addresses, telephone numbers, 108
170170 photographs, dates of birth, and places of employment of th e 109
171171 spouses and children of current or former state attorneys, 110
172172 assistant state attorneys, statewide prosecutors, or assistant 111
173173 statewide prosecutors; and the names and locations of schools 112
174174 and day care facilities attended by the children of current or 113
175175 former state attorneys, assistant state attorneys, statewide 114
176176 prosecutors, or assistant statewide prosecutors are exempt from 115
177177 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 116
178178 g. The home addresses, dates of birth, and telephone 117
179179 numbers of general mag istrates, special magistrates, judges of 118
180180 compensation claims, administrative law judges of the Division 119
181181 of Administrative Hearings, and child support enforcement 120
182182 hearing officers; the names, home addresses, telephone numbers, 121
183183 dates of birth, and places of employment of the spouses and 122
184184 children of general magistrates, special magistrates, judges of 123
185185 compensation claims, administrative law judges of the Division 124
186186 of Administrative Hearings, and child support enforcement 125
187187
188188 HB 869 2024
189189
190190
191191
192192 CODING: Words stricken are deletions; words underlined are additions.
193193 hb0869-00
194194 Page 6 of 17
195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V ES
196196
197197
198198
199199 hearing officers; and the names and locat ions of schools and day 126
200200 care facilities attended by the children of general magistrates, 127
201201 special magistrates, judges of compensation claims, 128
202202 administrative law judges of the Division of Administrative 129
203203 Hearings, and child support enforcement hearing officer s are 130
204204 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 131
205205 Constitution. 132
206206 h. The home addresses, telephone numbers, dates of birth, 133
207207 and photographs of current or former human resource, labor 134
208208 relations, or employee relations directors, assistant dire ctors, 135
209209 managers, or assistant managers of any local government agency 136
210210 or water management district whose duties include hiring and 137
211211 firing employees, labor contract negotiation, administration, or 138
212212 other personnel-related duties; the names, home addresses, 139
213213 telephone numbers, dates of birth, and places of employment of 140
214214 the spouses and children of such personnel; and the names and 141
215215 locations of schools and day care facilities attended by the 142
216216 children of such personnel are exempt from s. 119.07(1) and s. 143
217217 24(a), Art. I of the State Constitution. 144
218218 i. The home addresses, telephone numbers, dates of birth, 145
219219 and photographs of current or former code enforcement officers; 146
220220 the names, home addresses, telephone numbers, dates of birth, 147
221221 and places of employment of the spous es and children of such 148
222222 personnel; and the names and locations of schools and day care 149
223223 facilities attended by the children of such personnel are exempt 150
224224
225225 HB 869 2024
226226
227227
228228
229229 CODING: Words stricken are deletions; words underlined are additions.
230230 hb0869-00
231231 Page 7 of 17
232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V ES
233233
234234
235235
236236 from s. 119.07(1) and s. 24(a), Art. I of the State 151
237237 Constitution. 152
238238 j. The home addresses, telephone num bers, places of 153
239239 employment, dates of birth, and photographs of current or former 154
240240 guardians ad litem, as defined in s. 39.820; the names, home 155
241241 addresses, telephone numbers, dates of birth, and places of 156
242242 employment of the spouses and children of such persons ; and the 157
243243 names and locations of schools and day care facilities attended 158
244244 by the children of such persons are exempt from s. 119.07(1) and 159
245245 s. 24(a), Art. I of the State Constitution. 160
246246 k. The home addresses, telephone numbers, dates of birth, 161
247247 and photographs of current or former juvenile probation 162
248248 officers, juvenile probation supervisors, detention 163
249249 superintendents, assistant detention superintendents, juvenile 164
250250 justice detention officers I and II, juvenile justice detention 165
251251 officer supervisors, juvenile just ice residential officers, 166
252252 juvenile justice residential officer supervisors I and II, 167
253253 juvenile justice counselors, juvenile justice counselor 168
254254 supervisors, human services counselor administrators, senior 169
255255 human services counselor administrators, rehabilitatio n 170
256256 therapists, and social services counselors of the Department of 171
257257 Juvenile Justice; the names, home addresses, telephone numbers, 172
258258 dates of birth, and places of employment of spouses and children 173
259259 of such personnel; and the names and locations of schools and 174
260260 day care facilities attended by the children of such personnel 175
261261
262262 HB 869 2024
263263
264264
265265
266266 CODING: Words stricken are deletions; words underlined are additions.
267267 hb0869-00
268268 Page 8 of 17
269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V ES
270270
271271
272272
273273 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 176
274274 Constitution. 177
275275 l. The home addresses, telephone numbers, dates of birth, 178
276276 and photographs of current or former public defenders, assistant 179
277277 public defenders, criminal conflict and civil regional counsel, 180
278278 and assistant criminal conflict and civil regional counsel; the 181
279279 names, home addresses, telephone numbers, dates of birth, and 182
280280 places of employment of the spouses and children of curr ent or 183
281281 former public defenders, assistant public defenders, criminal 184
282282 conflict and civil regional counsel, and assistant criminal 185
283283 conflict and civil regional counsel; and the names and locations 186
284284 of schools and day care facilities attended by the children of 187
285285 current or former public defenders, assistant public defenders, 188
286286 criminal conflict and civil regional counsel, and assistant 189
287287 criminal conflict and civil regional counsel are exempt from s. 190
288288 119.07(1) and s. 24(a), Art. I of the State Constitution. 191
289289 m. The home addresses, telephone numbers, dates of birth, 192
290290 and photographs of current or former investigators or inspectors 193
291291 of the Department of Business and Professional Regulation; the 194
292292 names, home addresses, telephone numbers, dates of birth, and 195
293293 places of employment of the spouses and children of such current 196
294294 or former investigators and inspectors; and the names and 197
295295 locations of schools and day care facilities attended by the 198
296296 children of such current or former investigators and inspectors 199
297297 are exempt from s. 119. 07(1) and s. 24(a), Art. I of the State 200
298298
299299 HB 869 2024
300300
301301
302302
303303 CODING: Words stricken are deletions; words underlined are additions.
304304 hb0869-00
305305 Page 9 of 17
306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V ES
307307
308308
309309
310310 Constitution. 201
311311 n. The home addresses, telephone numbers, and dates of 202
312312 birth of county tax collectors; the names, home addresses, 203
313313 telephone numbers, dates of birth, and places of employment of 204
314314 the spouses and childre n of such tax collectors; and the names 205
315315 and locations of schools and day care facilities attended by the 206
316316 children of such tax collectors are exempt from s. 119.07(1) and 207
317317 s. 24(a), Art. I of the State Constitution. 208
318318 o. The home addresses, telephone numbers , dates of birth, 209
319319 and photographs of current or former personnel of the Department 210
320320 of Health whose duties include, or result in, the determination 211
321321 or adjudication of eligibility for social security disability 212
322322 benefits, the investigation or prosecution of c omplaints filed 213
323323 against health care practitioners, or the inspection of health 214
324324 care practitioners or health care facilities licensed by the 215
325325 Department of Health; the names, home addresses, telephone 216
326326 numbers, dates of birth, and places of employment of the spouses 217
327327 and children of such personnel; and the names and locations of 218
328328 schools and day care facilities attended by the children of such 219
329329 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 220
330330 the State Constitution. 221
331331 p. The home addresses, telephon e numbers, dates of birth, 222
332332 and photographs of current or former impaired practitioner 223
333333 consultants who are retained by an agency or current or former 224
334334 employees of an impaired practitioner consultant whose duties 225
335335
336336 HB 869 2024
337337
338338
339339
340340 CODING: Words stricken are deletions; words underlined are additions.
341341 hb0869-00
342342 Page 10 of 17
343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V ES
344344
345345
346346
347347 result in a determination of a person's skill and safety to 226
348348 practice a licensed profession; the names, home addresses, 227
349349 telephone numbers, dates of birth, and places of employment of 228
350350 the spouses and children of such consultants or their employees; 229
351351 and the names and locations of schools and day care fa cilities 230
352352 attended by the children of such consultants or employees are 231
353353 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 232
354354 Constitution. 233
355355 q. The home addresses, telephone numbers, dates of birth, 234
356356 and photographs of current or former emergency medic al 235
357357 technicians or paramedics certified under chapter 401; the 236
358358 names, home addresses, telephone numbers, dates of birth, and 237
359359 places of employment of the spouses and children of such 238
360360 emergency medical technicians or paramedics; and the names and 239
361361 locations of schools and day care facilities attended by the 240
362362 children of such emergency medical technicians or paramedics are 241
363363 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 242
364364 Constitution. 243
365365 r. The home addresses, telephone numbers, dates of birth, 244
366366 and photographs of current or former personnel employed in an 245
367367 agency's office of inspector general or internal audit 246
368368 department whose duties include auditing or investigating waste, 247
369369 fraud, abuse, theft, exploitation, or other activities that 248
370370 could lead to criminal prosecution or administrative discipline; 249
371371 the names, home addresses, telephone numbers, dates of birth, 250
372372
373373 HB 869 2024
374374
375375
376376
377377 CODING: Words stricken are deletions; words underlined are additions.
378378 hb0869-00
379379 Page 11 of 17
380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V ES
381381
382382
383383
384384 and places of employment of spouses and children of such 251
385385 personnel; and the names and locations of schools and day care 252
386386 facilities attended by the child ren of such personnel are exempt 253
387387 from s. 119.07(1) and s. 24(a), Art. I of the State 254
388388 Constitution. 255
389389 s. The home addresses, telephone numbers, dates of birth, 256
390390 and photographs of current or former directors, managers, 257
391391 supervisors, nurses, and clinical emplo yees of an addiction 258
392392 treatment facility; the home addresses, telephone numbers, 259
393393 photographs, dates of birth, and places of employment of the 260
394394 spouses and children of such personnel; and the names and 261
395395 locations of schools and day care facilities attended by the 262
396396 children of such personnel are exempt from s. 119.07(1) and s. 263
397397 24(a), Art. I of the State Constitution. For purposes of this 264
398398 sub-subparagraph, the term "addiction treatment facility" means 265
399399 a county government, or agency thereof, that is licensed 266
400400 pursuant to s. 397.401 and provides substance abuse prevention, 267
401401 intervention, or clinical treatment, including any licensed 268
402402 service component described in s. 397.311(26). 269
403403 t. The home addresses, telephone numbers, dates of birth, 270
404404 and photographs of current or f ormer directors, managers, 271
405405 supervisors, and clinical employees of a child advocacy center 272
406406 that meets the standards of s. 39.3035(2) and fulfills the 273
407407 screening requirement of s. 39.3035(3), and the members of a 274
408408 Child Protection Team as described in s. 39.30 3 whose duties 275
409409
410410 HB 869 2024
411411
412412
413413
414414 CODING: Words stricken are deletions; words underlined are additions.
415415 hb0869-00
416416 Page 12 of 17
417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V ES
418418
419419
420420
421421 include supporting the investigation of child abuse or sexual 276
422422 abuse, child abandonment, child neglect, and child exploitation 277
423423 or to provide services as part of a multidisciplinary case 278
424424 review team; the names, home addresses, telephone number s, 279
425425 photographs, dates of birth, and places of employment of the 280
426426 spouses and children of such personnel and members; and the 281
427427 names and locations of schools and day care facilities attended 282
428428 by the children of such personnel and members are exempt from s. 283
429429 119.07(1) and s. 24(a), Art. I of the State Constitution. 284
430430 u. The home addresses, telephone numbers, places of 285
431431 employment, dates of birth, and photographs of current or former 286
432432 staff and domestic violence advocates, as defined in s. 287
433433 90.5036(1)(b), of domestic violence centers certified by the 288
434434 Department of Children and Families under chapter 39; the names, 289
435435 home addresses, telephone numbers, places of employment, dates 290
436436 of birth, and photographs of the spouses and children of such 291
437437 personnel; and the names and lo cations of schools and day care 292
438438 facilities attended by the children of such personnel are exempt 293
439439 from s. 119.07(1) and s. 24(a), Art. I of the State 294
440440 Constitution. 295
441441 v. The home addresses, telephone numbers, dates of birth, 296
442442 and photographs of current or for mer inspectors or investigators 297
443443 of the Department of Agriculture and Consumer Services; the 298
444444 names, home addresses, telephone numbers, dates of birth, and 299
445445 places of employment of the spouses and children of current or 300
446446
447447 HB 869 2024
448448
449449
450450
451451 CODING: Words stricken are deletions; words underlined are additions.
452452 hb0869-00
453453 Page 13 of 17
454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V ES
455455
456456
457457
458458 former inspectors or investigators; and the names and locations 301
459459 of schools and day care facilities attended by the children of 302
460460 current or former inspectors or investigators are exempt from s. 303
461461 119.07(1) and s. 24(a), Art. I of the State Constitution. This 304
462462 sub-subparagraph is subject to the Open Government Sunset Review 305
463463 Act in accordance with s. 119.15 and shall stand repealed on 306
464464 October 2, 2028, unless reviewed and saved from repeal through 307
465465 reenactment by the Legislature. 308
466466 3. An agency that is the custodian of the information 309
467467 specified in subparagraph 2. and that is not the employer of the 310
468468 officer, employee, justice, judge, or other person specified in 311
469469 subparagraph 2. must maintain the exempt status of that 312
470470 information only if the officer, employee, justice, judge, other 313
471471 person, or employing agen cy of the designated employee submits a 314
472472 written and notarized request for maintenance of the exemption 315
473473 to the custodial agency. The request must state under oath the 316
474474 statutory basis for the individual's exemption request and 317
475475 confirm the individual's status as a party eligible for exempt 318
476476 status. 319
477477 4.a. A county property appraiser, as defined in s. 320
478478 192.001(3), or a county tax collector, as defined in s. 321
479479 192.001(4), who receives a written and notarized request for 322
480480 maintenance of the exemption pursuant to subpa ragraph 3. must 323
481481 comply by removing the name of the individual with exempt status 324
482482 and the instrument number or Official Records book and page 325
483483
484484 HB 869 2024
485485
486486
487487
488488 CODING: Words stricken are deletions; words underlined are additions.
489489 hb0869-00
490490 Page 14 of 17
491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V ES
492492
493493
494494
495495 number identifying the property with the exempt status from all 326
496496 publicly available records maintained by the proper ty appraiser 327
497497 or tax collector. For written requests received on or before 328
498498 July 1, 2021, a county property appraiser or county tax 329
499499 collector must comply with this sub -subparagraph by October 1, 330
500500 2021. A county property appraiser or county tax collector may 331
501501 not remove the street address, legal description, or other 332
502502 information identifying real property within the agency's 333
503503 records so long as a name or personal information otherwise 334
504504 exempt from inspection and copying pursuant to this section is 335
505505 not associated with the property or otherwise displayed in the 336
506506 public records of the agency. 337
507507 b. Any information restricted from public display, 338
508508 inspection, or copying under sub -subparagraph a. must be 339
509509 provided to the individual whose information was removed. 340
510510 5. An officer, an employee, a justice, a judge, or other 341
511511 person specified in subparagraph 2. may submit a written request 342
512512 for the release of his or her exempt information to the 343
513513 custodial agency. The written request must be notarized and must 344
514514 specify the information to be released and the party authorized 345
515515 to receive the information. Upon receipt of the written request, 346
516516 the custodial agency must release the specified information to 347
517517 the party authorized to receive such information. 348
518518 6. The exemptions in this paragraph apply to information 349
519519 held by an agency before, on, or after the effective date of the 350
520520
521521 HB 869 2024
522522
523523
524524
525525 CODING: Words stricken are deletions; words underlined are additions.
526526 hb0869-00
527527 Page 15 of 17
528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V ES
529529
530530
531531
532532 exemption. 351
533533 7. Information made exempt under this paragraph may be 352
534534 disclosed pursuant to s. 28.2221 to a title insurer authorized 353
535535 pursuant to s. 624.401 and its affilia tes as defined in s. 354
536536 624.10; a title insurance agent or title insurance agency as 355
537537 defined in s. 626.841(1) or (2), respectively; or an attorney 356
538538 duly admitted to practice law in this state and in good standing 357
539539 with The Florida Bar. 358
540540 8. The exempt status of a home address contained in the 359
541541 Official Records is maintained only during the period when a 360
542542 protected party resides at the dwelling location. Upon 361
543543 conveyance of real property after October 1, 2021, and when such 362
544544 real property no longer constitutes a prot ected party's home 363
545545 address as defined in sub -subparagraph 1.b. 1.a., the protected 364
546546 party must submit a written request to release the removed 365
547547 information to the county recorder. The written request to 366
548548 release the removed information must be notarized, must confirm 367
549549 that a protected party's request for release is pursuant to a 368
550550 conveyance of his or her dwelling location, and must specify the 369
551551 Official Records book and page, instrument number, or clerk's 370
552552 file number for each document containing the information t o be 371
553553 released. 372
554554 9. Upon the death of a protected party as verified by a 373
555555 certified copy of a death certificate or court order, any party 374
556556 can request the county recorder to release a protected 375
557557
558558 HB 869 2024
559559
560560
561561
562562 CODING: Words stricken are deletions; words underlined are additions.
563563 hb0869-00
564564 Page 16 of 17
565565 F L O R I D A H O U S E O F R E P R E S E N T A T I V ES
566566
567567
568568
569569 decedent's removed information unless there is a related request 376
570570 on file with the county recorder for continued removal of the 377
571571 decedent's information or unless such removal is otherwise 378
572572 prohibited by statute or by court order. The written request to 379
573573 release the removed information upon the death of a protected 380
574574 party must attach the certified copy of a death certificate or 381
575575 court order and must be notarized, must confirm the request for 382
576576 release is due to the death of a protected party, and must 383
577577 specify the Official Records book and page number, instrument 384
578578 number, or clerk's file number for each document containing the 385
579579 information to be released. A fee may not be charged for the 386
580580 release of any document pursuant to such request. 387
581581 10. Except as otherwise expressly provided in this 388
582582 paragraph, this paragraph is subject to the Open Government 389
583583 Sunset Review Act in accordance with s. 119.15 and shall stand 390
584584 repealed on October 2, 2024, unless reviewed and saved from 391
585585 repeal through reenactment by the Legislature. 392
586586 Section 2. Paragraph (c) of subsection (1) of section 393
587587 744.21031, Florida Statutes, is amended to read: 394
588588 744.21031 Public records exemption. — 395
589589 (1) For purposes of this section, the term: 396
590590 (c) "Telephone numbers" has the same meaning as provided 397
591591 in s. 119.071(4)(d)1.d. s. 119.071(4)(d)1.b. 398
592592 Section 3. The Legislature finds that it is a public 399
593593 necessity that the home addresses, dates of birth, and telephone 400
594594
595595 HB 869 2024
596596
597597
598598
599599 CODING: Words stricken are deletions; words underlined are additions.
600600 hb0869-00
601601 Page 17 of 17
602602 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
603603
604604
605605
606606 numbers of current appellate court clerks; the names, home 401
607607 addresses, telephone numbers, dates of birth, and places of 402
608608 employment of the spouses and children of such appellate court 403
609609 clerks; and the names and locations of schools and day care 404
610610 facilities attended by children of such appellate court clerks 405
611611 be made exempt from s. 119.07(1), Florida Statutes, and s. 406
612612 24(a), Article I of the State Constitutio n. While performing 407
613613 their duties to issue court orders, maintain case dockets, 408
614614 answer telephone calls, respond to correspondence, and interact 409
615615 with visitors to the courthouse, appellate court clerks may 410
616616 incur the ill will of litigants and their associates and 411
617617 families. As a result, current appellate court clerks and their 412
618618 spouses and children may be targets for acts of revenge. If such 413
619619 identifying and location information is released, the safety of 414
620620 current appellate court clerks and their spouses and childr en 415
621621 could be seriously jeopardized. For this reason, the Legislature 416
622622 finds that it is a public necessity that such information be 417
623623 made exempt from public records requirements. 418
624624 Section 4. This act shall take effect July 1, 2024. 419