This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0983d.JDC
DATE: 1/26/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 983 Pub. Rec./Clerks of the Circuit Court, Deputy Clerks, and Clerk Personnel
SPONSOR(S): Civil Justice Subcommittee, Daley, and others
TIED BILLS: IDEN./SIM. BILLS: SB 1176
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice Subcommittee 18 Y, 0 N, As CS Leshko Jones
2) Ethics, Elections & Open Government
Subcommittee
14 Y, 0 N Rando Toliver
3) Judiciary Committee Leshko Kramer
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.
Currently, neither the personal identifying nor location information of current clerks of the circuit courts, deputy
clerks of the circuit courts, or the clerks’ personnel is exempt from Florida’s public record requirements.
CS/HB 983 amends s. 119.071, F.S., to create a public record exemption for current 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 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 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 clerks of the
circuit courts, deputy clerks of the circuit courts, and clerk personnel.
Pursuant to the Open Government Sunset Review Act, the exemption will be automatically repealed on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 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: h0983d.JDC PAGE: 2
DATE: 1/26/2024
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 public policy regarding access to
government records, guaranteeing every person a right to inspect or copy any public record of the
legislative, executive, and judicial branches of government. The Legislature, however, may provide by
general law an exemption
1
from public record requirements provided that the exemption passes by a
two-thirds vote of each chamber, states with specificity the public necessity justifying the exemption,
and is no broader than necessary to meet its public purpose.
2
Section 119.01, F.S., also addresses the public policy regarding access to government records,
guaranteeing 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 (OGSR) Act
3
provides that a
public record exemption may be created, revised, 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.”
4
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.
5
Pursuant to the OGSR Act, a new public record exemption, or the substantial amendment of an existing
public record exemption, is repealed on October 2
nd
of the fifth year following enactment, unless the
Legislature reenacts the exemption.
6
Furthermore, there is a difference between records the Legislature designates exempt from public
record requirements and those the Legislature designates confidential and exempt. A record classified
as exempt from public disclosure may be disclosed under certain circumstances. 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.
7
Circuit Court Clerks and Clerk Personnel
1
A “public record exemption” means a provision of general law which provides that a specified record, or portion thereof, is not subject
to the access requirements of s. 119.07(1), F.S., or s. 24, Art. I of the Florida Constitution. See s. 119.011(8), F.S.
2
Art. I, s. 24(c), Fla. Const.
3
S. 119.15, F.S.
4
S. 119.15(6)(b), F.S.
5
Id.
6
S. 119.15(3), F.S.
7
See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied, 892 So.2d 1015 (Fla. 2004); State v.
Wooten, 260 So. 3d 1060, 1070 (Fla. 4th DCA 2018); City of Rivera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA 1994); Williams v.
City of Minneola, 575 So.2d 683, 687 (Fla. 5th DCA 1991); See Op. Att’y Gen. Fla. 04- 09 (2004). STORAGE NAME: h0983d.JDC PAGE: 3
DATE: 1/26/2024
The circuit court clerks are elected constitutional officers.
8
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.
9
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.
10
Circuit court clerks may appoint a deputy or deputies who may exercise the same powers as the clerk
may exercise, except for the power to appoint deputies.
11
Currently, neither the personal identifying nor location information of current 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
CS/HB 983 amends s. 119.071, F.S., to create a public record exemption for current 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 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 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 clerks
of the circuit courts, deputy clerks of the circuit courts, and clerk personnel.
Pursuant to the OGSR Act, the 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.
B. SECTION DIRECTORY:
Section 1: Amends s. 119.071, F.S., relating to general exemptions from inspection or copying of
8
Art. VIII, s. 1(d), Fla. Const.
9
Florida Court Clerks & Comptrollers, Role of the Clerk and Comptroller, https://www.flclerks.com/page/RoleoftheClerk (last visited Jan.
25, 2024).
10
Id.
11
S. 28.06, F.S. STORAGE NAME: h0983d.JDC PAGE: 4
DATE: 1/26/2024
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 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: h0983d.JDC PAGE: 5
DATE: 1/26/2024
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 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
On January 18, 2024, the Civil Justice Subcommittee adopted an amendment and reported the bill
favorably as a committee substitute. The amendment removed former clerks of the circuit court, deputy
clerks of the circuit court, and clerk personnel from the newly-created public record exemption.
This analysis is drafted to the committee substitute as passed by the Civil Justice Subcommittee.