This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0983.CJS
DATE: 1/17/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 983 Pub. Rec./Clerks of the Circuit Court, Deputy Clerks, and Clerk Personnel
SPONSOR(S): Daley
TIED BILLS: IDEN./SIM. BILLS: SB 1176
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice Subcommittee Leshko Jones
2) Ethics, Elections & Open Government
Subcommittee
3) Judiciary Committee
SUMMARY ANALYSIS
The circuit court clerks are elected constitutional officers. Circuit court clerks, deputy clerks, and their
personnel provide essential administrative and clerical support functions to the Florida circuit courts, including
tracking and reviewing cases, working with pro se litigants, auditing child support payments, and processing
and assisting with paperwork for protective injunctions. Circuit court clerks, deputy clerks, and their personnel
have received violent threats, including death threats, and harassing phone calls and emails from disgruntled
individuals.
Currently, neither the personal identifying nor location information of current and former clerks of the circuit
courts, deputy clerks of the circuit courts, or the clerks’ personnel is exempt from Florida’s public record
requirements.
HB 983 amends s. 119.071, F.S., to create a public record exemption for current and former clerks of the
circuit courts, deputy clerks of the circuit courts, clerk personnel, and their families. Specifically, the following
personal identifying and location information will be exempt from public record requirements under the bill:
Home addresses, telephone numbers, dates of birth, and photographs of current and former clerks of
the circuit courts, deputy clerks of the circuit courts, and clerk personnel;
Names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses
and children of current and former clerks of the circuit courts, deputy clerks of the circuit courts, and
clerk personnel; and
Names and locations of schools and day care facilities attended by the children of current and former
clerks of the circuit courts, deputy clerks of the circuit courts, and clerk personnel.
Pursuant to the Open Government Sunset Review Act, this exemption will be automatically repealed on
October 2, 2029, unless reenacted by the Legislature. The bill includes the constitutionally required public
necessity statement.
The bill provides an effective date of July 1, 2024.
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 record or public meeting exemption.
The bill creates a public record exemption for current and former clerks of the circuit courts, deputy
clerks of the circuit courts, clerk personnel, and their families; thus, it requires a two-thirds vote for
final passage. STORAGE NAME: h0983.CJS PAGE: 2
DATE: 1/17/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Public Records
Article I, section 24(a) of the Florida Constitution sets forth the state’s government records access
policy, guaranteeing every person a right to inspect or copy any public record of the legislative,
executive, and judicial branches of government. However, the Legislature may provide a public record
exemption by general law if the exemption passes by a two-thirds vote of each chamber, states with
specificity the public necessity justifying the exemption (“public necessity statement”), and is no broader
than necessary to meet its public purpose.
1
The Florida Statutes also address the public policy regarding access to government records. Section
119.07(1), F.S., guarantees every person a right to inspect and copy any state, county, or municipal
record, unless the record is exempt. Furthermore, the Open Government Sunset Review Act
2
provides
that a public record exemption may be created or maintained only if it serves an identifiable public
purpose and the Legislature finds that the purpose is sufficiently compelling to override the strong
public policy of open government and cannot be accomplished without the exemption.
3
An identifiable
public purpose is served if the exemption meets one of the following purposes:
Allows the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption;
Protects sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision; or
Protects trade or business secrets.
4
Pursuant to s. 119.15, F.S., a new public record exemption or substantial amendment of an existing
public record exemption is repealed on October 2 of the fifth year following enactment, unless the
Legislature reenacts the exemption.
5
Furthermore, there is a difference between records the Legislature designates as exempt from public
record requirements and those the Legislature deems confidential and exempt. A record classified as
exempt from public disclosure may be disclosed under certain circumstances. However, if the
Legislature designates a record as confidential and exempt from public disclosure, such record may not
be released by the custodian of public records to anyone other than the persons or entities specifically
designated in statute.
6
Circuit Court Clerks and Clerk Personnel
1
Art. I, s. 24(c), Fla. Const.
2
S. 119.15, F.S.
3
S. 119.15(6)(b), F.S.
4
Id.
5
S. 119.15(3), F.S.
6
See WFTV, Inc. v. The School Board of Seminole, 874 So. 2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So. 2d 1015 (Fla.
2004); City of Riviera Beach v. Barfield, 642 So. 2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So. 2d 687 (Fla. 5th
DCA 1991); see Attorney General Opinion 85-62 (August 1, 1985). STORAGE NAME: h0983.CJS PAGE: 3
DATE: 1/17/2024
The circuit court clerks are elected constitutional officers.
7
Circuit court clerks perform a wide range of
record keeping, information management, and financial administration services for Florida’s judicial
system and county government.
In addition to serving as clerks of the circuit courts, most also as serve as the county treasurer,
recorder, auditor, finance Officer, and ex-officio clerk to the county commission. Florida’s clerks of court
have hundreds of statutory responsibilities and provide critical public services to their communities.
8
The clerks’ responsibilities include:
Facilitating the jury process;
Maintaining court records;
Providing forms and resources for legal actions;
Maintaining court finances;
Managing court appearances;
Providing resources for pro se litigants;
Auditing child support payments;
Handling public record requests, which frequently requires redacting certain personal
information of protected parties;
Processing and assisting with paperwork for protective injunctions, including domestic violence
injunctions and injunctions for vulnerable adults;
Maintaining court evidence; and
Other administrative functions.
9
Circuit court clerks may appoint a deputy or deputies who may exercise each and every power of
whatsoever nature and kind as the clerk may exercise, except for the power to appoint deputies.
10
Due to the nature of their duties, circuit court clerks and their personnel have received violent threats,
including death threats, and harassing phone calls and emails from disgruntled individuals.
Currently, neither the personal identifying nor location information of current and former clerks of the
circuit courts, deputy clerks of the circuit courts, or clerk personnel is exempt from Florida’s public
record requirements.
Effect of Proposed Changes
HB 983 amends s. 119.071, F.S., to create a public record exemption for current and former clerks of
the circuit courts, deputy clerks of the circuit courts, clerk personnel, and their families. Specifically, the
following personal identifying and location information will be exempt from public record requirements
under the bill:
Home addresses, telephone numbers, dates of birth, and photographs of current and former
clerks of the circuit courts, deputy clerks of the circuit courts, and clerk personnel;
Names, home addresses, telephone numbers, dates of birth, and places of employment of the
spouses and children of current and former clerks of the circuit courts, deputy clerks of the
circuit courts, and clerk personnel; and
Names and locations of schools and day care facilities attended by the children of current and
former clerks of the circuit courts, deputy clerks of the circuit courts, and clerk personnel.
Pursuant to the Open Government Sunset Review Act, this exemption will be automatically repealed on
October 2, 2029, unless reenacted by the Legislature. The bill includes the constitutionally required
public necessity statement.
The bill provides an effective date of July 1, 2024.
7
Art. VIII, s. 1(d), Fla. Const.
8
Florida Court Clerks & Comptrollers, Role of the Clerk and Comptroller, https://www.flclerks.com/page/RoleoftheClerk (last visited Jan.
15, 2024).
9
Id.
10
S. 28.06, F.S. STORAGE NAME: h0983.CJS PAGE: 4
DATE: 1/17/2024
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, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
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 and location information of current and former clerks of the circuit courts, deputy
clerks of the circuit courts, clerk personnel, and their families because staff responsible for complying
with public record requests may require training related to the public record exemption. Additionally,
agencies could incur costs associated with redacting the exempt information prior to releasing records.
However, these additional costs will likely be absorbed within existing resources.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
Vote Requirement
Article I, section 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 record or public meeting
exemption. The bill creates a public record exemption; thus, it requires a two-thirds vote for final
passage.
STORAGE NAME: h0983.CJS PAGE: 5
DATE: 1/17/2024
Public Necessity Statement
Article I, section 24(c) of the Florida Constitution requires a public necessity statement for a newly-
created or expanded public record or public meeting exemption. The bill creates a public record
exemption; thus, it includes a public necessity statement. The public necessity statement provides, in
part, that the Legislature finds that the responsibilities of clerks of the circuit courts, deputy clerks of
the circuit courts, and clerk personnel regularly involve legal enforcement of divorce and child
support proceedings, which have resulted in threats, including death threats, and harassing
telephone calls and emails from disgruntled individuals. Within the public necessity statement, the
Legislature finds that release of such personal identifying and location information may increase the
danger of such clerks and clerk personnel and their spouses and children being physically or
emotionally harmed or stalked; and that the harm that may result from release of such information
outweighs any public benefit that may be derived from the disclosure of such information.
Breadth of Exemption
Article I, section 24(c) of the Florida Constitution requires a newly created or expanded public record
or public meeting exemption to be no broader than necessary to accomplish the stated purpose of
the law. The bill creates a public record exemption for specified information concerning current and
former clerks of the circuit courts, deputy clerks of the circuit courts, clerk personnel, and their
families, which does not appear to be broader than necessary to accomplish its purpose.
B. RULE-MAKING AUTHORITY:
The bill neither provides authority for nor requires rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES