The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Community Affairs
BILL: SB 862
INTRODUCER: Senator Jones
SUBJECT: Public Records/County Administrators and City Managers
DATE: February 5, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hunter Ryon CA Pre-meeting
2. GO
3. RC
I. Summary:
SB 862 creates a public records exemption for specified personal information of current county
administrators, deputy county administrators, assistant county administrators, city managers,
deputy city managers, and assistant city managers. Specifically, the bill exempts from public
records disclosure requirements the home addresses, telephone numbers, and dates of birth for
these specified personnel. .
Additionally, the following personal information is exempt from public records disclosure
requirements for the spouses and children of current county administrators, deputy county
administrators, assistant county administrators, city managers, deputy city managers, and
assistant city managers:
Names, home addresses, telephone numbers, photographs, places of employment, and dates
of birth of the spouses and children; and
Names and locations of schools and day care facilities attended by the children.
A statement of public necessity is included in the bill as required by the State Constitution.
This bill is subject to the Open Government Sunset Review Act and stands repealed on
October 2, 2029, unless reviewed and saved from the repeal through reenactment by the
Legislature.
Because this bill creates a public records exemption, it will require a two-thirds vote of each
house in order to pass.
The bill takes effect on July 1, 2024.
REVISED: BILL: SB 862 Page 2
II. Present Situation:
Access to Public Records - Generally
The State Constitution provides that the public has the right to inspect or copy records made or
received in connection with official governmental business.
1
The right to inspect or copy applies
to the official business of any public body, officer, or employee of the state, including all three
branches of state government, local governmental entities, and any person acting on behalf of the
government.
2
Additional requirements and exemptions related to public records are found in various statutes
and rules, depending on the branch of government involved. For instance, s. 11.0431, F.S.,
provides public access requirements for legislative records. Relevant exemptions are codified in
s. 11.0431(2)-(3), F.S., and adopted in the rules of each house of the Legislature.
3
Florida Rule of
Judicial Administration 2.420 governs public access to judicial branch records.
4
Lastly,
chapter 119, F.S., known as the Public Records Act, provides requirements for public records
held by executive agencies.
Executive Agency Records – The Public Records Act
The Public Records Act provides that all state, county and municipal records are open for
personal inspection and copying by any person, and that providing access to public records is a
duty of each agency.
5
Section 119.011(12), F.S., defines “public records” to include:
All documents, papers, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material, regardless of
the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connections with the transaction
of official business by any agency.
The Florida Supreme Court has interpreted this definition to encompass all materials made or
received by an agency in connection with official business that are used to “perpetuate,
communicate, or formalize knowledge of some type.”
6
The Florida Statutes specify conditions under which public access to public records must be
provided. The Public Records Act guarantees every person’s right to inspect and copy any public
1
FLA. CONST. art. I, s. 24(a).
2
Id.
3
See Rule 1.48, Rules and Manual of the Florida Senate, (2020-2022) and Rule 14.1, Rules of the Florida House of
Representatives, Edition 2, (2020-2022).
4
State v. Wooten, 260 So. 3d 1060 (Fla. 4th DCA 2018).
5
Section 119.01(1), F.S. Section 119.011(2), F.S., defines “agency” as “any state, county, district, authority, or municipal
officer, department, division, board, bureau, commission, or other separate unit of government created or established by law
including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of
Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf
of any public agency.”
6
Shevin v. Byron, Harless, Schaffer, Reid and Assoc., Inc., 379 So. 2d 633, 640 (Fla. 1980). BILL: SB 862 Page 3
record at any reasonable time, under reasonable conditions, and under supervision by the
custodian of the public record.
7
A violation of the Public Records Act may result in civil or
criminal liability.
8
The Legislature may exempt public records from public access requirements by passing a
general law by a two-thirds vote of both the House and the Senate.
9
The exemption must state
with specificity the public necessity justifying the exemption and must be no broader than
necessary to accomplish the stated purpose of the exemption.
10
General exemptions from the public records requirements are contained in the Public Records
Act.
11
Specific exemptions often are placed in the substantive statutes relating to a particular
agency or program.
12
When creating a public records exemption, the Legislature may provide that a record is “exempt”
or “confidential and exempt.” There is a difference between records the Legislature has
determined to be exempt from the Public Records Act and those which the Legislature has
determined to be exempt from the Public Records Act and confidential.
13
Records designated as
“confidential and exempt” are not subject to inspection by the public and may only be released
under the circumstances defined by statute.
14
Records designated as “exempt” may be released at
the discretion of the records custodian under certain circumstances.
15
Open Government Sunset Review Act
The provisions of s. 119.15, F.S., known as the Open Government Sunset Review Act
16
(the
Act), prescribe a legislative review process for newly created or substantially amended
17
public
records or open meetings exemptions, with specified exceptions.
18
The Act requires the repeal of
such exemption on October 2nd of the fifth year after creation or substantial amendment, unless
the Legislature reenacts the exemption.
19
7
Section 119.07(1)(a), F.S.
8
Section 119.10, F.S. Public records laws are found throughout the Florida Statutes, as are the penalties for violating those
laws.
9
FLA. CONST. art. I, s. 24(c).
10
Id. See, e.g., Halifax Hosp. Medical Center v. News-Journal Corp., 724 So. 2d 567 (Fla. 1999) (holding that a public
meetings exemption was unconstitutional because the statement of public necessity did not define important terms and did
not justify the breadth of the exemption); Baker County Press, Inc. v. Baker County Medical Services, Inc., 870 So. 2d 189
(Fla. 1st DCA 2004) (holding that a statutory provision written to bring another party within an existing public records
exemption is unconstitutional without a public necessity statement).
11
See, e.g., s. 119.071(1)(a), F.S. (exempting from public disclosure examination questions and answer sheets of
examinations administered by a governmental agency for the purpose of licensure).
12
See, e.g., s. 213.053(2)(a), F.S. (exempting from public disclosure information contained in tax returns received by the
Department of Revenue).
13
WFTV, Inc. v. The Sch. Bd. of Seminole County, 874 So. 2d 48, 53 (Fla. 5th DCA 2004).
14
Id.
15
Williams v. City of Minneola, 575 So. 2d 683 (Fla. 5th DCA 1991).
16
Section 119.15, F.S.
17
An exemption is considered to be substantially amended if it is expanded to include more records or information or to
include meetings as well as records. Section 119.15(4)(b), F.S.
18
Section 119.15(2)(a) and (b), F.S., provides that exemptions required by federal law or applicable solely to the Legislature
or the State Court System are not subject to the Open Government Sunset Review Act.
19
Section 119.15(3), F.S. BILL: SB 862 Page 4
The Act provides that a public records or open meetings exemption may be created or
maintained only if it serves an identifiable public purpose and is no broader than is necessary.
20
An exemption serves an identifiable purpose if it meets one of the following purposes and the
Legislature finds that the purpose of the exemption outweighs open government policy and
cannot be accomplished without the exemption:
It allows the state or its political subdivisions to effectively and efficiently administer a
governmental program, and administration would be significantly impaired without the
exemption;
21
It protects sensitive, personal information, the release of which would be defamatory, cause
unwarranted damage to the good name or reputation of the individual, or would jeopardize
the individual’s safety. If this public purpose is cited as the basis of an exemption, however;
only personal identifying information is exempt;
22
or
It protects information of a confidential nature concerning entities, such as trade or business
secrets.
23
The Act also requires specified questions to be considered during the review process.
24
In
examining an exemption, the Act directs the Legislature to question the purpose and necessity of
reenacting the exemption.
If the exemption is continued and expanded, then a public necessity statement and a two-thirds
vote for passage are required.
25
If the exemption is continued without substantive changes or if
the exemption is continued and narrowed, then a public necessity statement and a two-thirds vote
for passage are not required. If the Legislature allows an exemption to expire, the previously
exempt records will remain exempt unless otherwise provided by law.
26
General Public Records Exemptions for State and Local Agency Personnel
There are three general public records exemptions that apply to all state and local agency
27
personnel: disclosure of an employee’s social security number, medical information, and
personal identifying information of dependent children who are insured by an agency group
insurance plan.
28
20
Section 119.15(6)(b), F.S.
21
Section 119.15(6)(b)1., F.S.
22
Section 119.15(6)(b)2., F.S.
23
Section 119.15(6)(b)3., F.S.
24
Section 119.15(6)(a), F.S. The specified questions are:
What specific records or meetings are affected by the exemption?
Whom does the exemption uniquely affect, as opposed to the general public?
What is the identifiable public purpose or goal of the exemption?
Can the information contained in the records or discussed in the meeting be readily obtained by alternative means? If so,
how?
Is the record or meeting protected by another exemption?
Are there multiple exemptions for the same type of record or meeting that it would be appropriate to merge?
25
See generally s. 119.15, F.S.
26
Section 119.15(7), F.S.
27
See Supra note 5.
28
Section 119.071(4)(a) and (b), F.S. BILL: SB 862 Page 5
Social Security Numbers
Social security numbers of all prospective, current, and former agency personnel are confidential
and exempt when held by the employing agency.
29
An employing agency may only release social
security numbers for the following reasons:
It is required by federal or state law, or court order.
A receiving government agency needs the social security number to perform its duties.
The employee consents to disclose his or her social security number.
30
In addition, there is a general exemption for social security numbers which applies to the public
that makes social security numbers confidential and exempt.
31
This exemption applies to any
agency that holds anyone’s social security number, including those belonging to the personnel of
that agency. This exemption, however, permits the agency to disclose social security numbers of
agency personnel in order to administer health or retirement benefits.
32
Medical Information
A prospective, current, or former agency employee’s medical information is also exempt from
public disclosure if the medical information could identify the employee. Such information may
be disclosed if the person to whom the information pertains or the person’s legal representative
provides written permission pursuant to a court order.
33
Personal Identifying Information
The personal identifying information of a dependent child of an agency employee who is insured
by an agency group insurance plan is exempt from public disclosure. This exemption applies to
the dependent children of current and former employees and is also retroactively applied.
34
Public Records Exemptions for Specified Personnel and their Families (s. 119.071(4)(d),
F.S.)
Provisions in s. 119.071(4)(d), F.S., exempt from public disclosure certain personal identification
and location information of specified state and local government agency personnel and their
spouses and children. Personnel covered by these exemptions include, in part:
Active or former sworn or civilian law enforcement personnel employed by a law
enforcement agency;
35
Certain current or former nonsworn investigative personnel of the Department of Financial
Services;
36
29
Section 119.071(4)(a)1., F.S.
30
Section 119.071(4)(a), F.S.
31
Section 119.071(5)(a)5., F.S.
32
Section 119.071(5)(a)6.f. and g., F.S.
33
Section 119.071(4)(b)1., F.S.
34
Section 119.071(4)(b)2., F.S.
35
Section 119.071(4)(d)2.a., F.S.
36
Section 119.071(4)(d)2.b., F.S. BILL: SB 862 Page 6
Certain current or former nonsworn investigative personnel of the Office of Financial
Regulation’s Bureau of Financial Investigations;
37
Current or former certified firefighters;
38
Current or former justices of the Supreme Court, district court of appeal judges, circuit court
judges, and county court judges;
39
Current or former state attorneys, assistant state attorneys, statewide prosecutors, and
assistant statewide prosecutors;
40
Current or former code enforcement officers;
41
Current or former guardians ad litem;
42
Current or former public defenders, assistant public defenders, criminal conflict and civil
regional counsel, and assistant criminal conflict and civil regional counsel;
43
Current or former investigators or inspectors of the Department of Business and Professional
Regulation;
44
County tax collectors;
45
Current or former certified emergency medical technicians and paramedics;
46
Current or former directors, managers, supervisors, nurses, and clinical employees of an
addiction treatment facility;
47
Current or former directors, managers, supervisors, and clinical employees of certain child
advocacy centers;
48
and
Current or former staff of domestic violence centers, including domestic violence
advocates.
49
The specified exempt information for each profession provided in s. 119.071(4)(d), F.S., varies
among the professions, however, generally, the home addresses,
50
telephone numbers,
51
dates of
birth of the specified personnel are exempt, and also identifying information of their spouse and
children, including place of employment, school and/or daycare facility. For many of the
37
Section 119.071(4)(d)2.c., F.S.
38
Section 119.071(4)(d)2.d., F.S.
39
Section 119.071(4)(d)2.e., F.S.
40
Section 119.071(4)(d)2.f., F.S.
41
Section 119.071(4)(d)2.i., F.S.
42
Section 119.071(4)(d)2.j., F.S.
43
Section 119.071(4)(d)2.l., F.S.
44
Section 119.071(4)(d)2.m., F.S.
45
Section 119.071(4)(d)2.n., F.S.
46
Section 119.071(4)(d)2.q., F.S.
47
Section 119.071(4)(d)2.s., F.S.
48
Section 119.071(4)(d)2.t., F.S.
49
Section 119.071(4)(d)2.u., F.S.
50
Section 119.071(4)(d)1.a., F.S., defines “home addresses” to mean “the dwelling location at which an individual resides
and includes the physical address, mailing address, street address, parcel identification number, plot identification number,
legal property description, neighborhood name and lot number, GPS coordinates, and any other descriptive property
information that may reveal the home address.”
51
Section 119.071(4)(d)1.b., F.S., defines “telephone numbers” to include “home telephone numbers, personal cellular
telephone numbers, personal pager telephone numbers, and telephone numbers associated with personal communications
devices.” BILL: SB 862 Page 7
professions photographs of the employee are exempt,
52
and in some instances, the photographs
of the employee’s spouse and children are exempt as well.
53
The employing agency or the employee must assert the right to the exemption by submitting a
written and notarized request to each non-employer agency that holds the employee’s
information.
54
Further, all of these exemptions have retroactive application, applying to
information held by an agency before, on, or after the effective date of the exemption.
55
The exemptions for specified agency personnel in s. 119.071(4)(d), F.S., are subject to the Open
Government Sunset Review Act and stand repealed on October 2, 2029, unless reviewed and
saved from repeal by the Legislature.
III. Effect of Proposed Changes:
The bill creates a public records exemption for specified personal information of current county
administrators, deputy county administrators, assistant county administrators, city managers,
deputy city managers, and assistant city managers. Specifically, the bill exempts from public
records disclosure requirements the home addresses, telephone numbers, and dates of birth for
these specified personnel.
Additionally, the following personal information is exempt from public records disclosure
requirements for the spouses and children of current county administrators, deputy county
administrators, assistant county administrators, city managers, deputy city managers, and
assistant city managers:
Names, home addresses, telephone numbers, photographs, places of employment, and dates
of birth of the spouses and children; and
Names and locations of schools and day care facilities attended by the children.
The bill provides a public necessity statement as required by Article I, s. 24(c) of the State
Constitution.
This bill is subject to the Open Government Sunset Review Act and stands repealed on
October 2, 2029, unless reviewed and saved from the repeal through reenactment by the
Legislature.
The bill takes effect on July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
52
See, e.g., s. 119.071(4)(d)2.l, F.S.
53
See, e.g., s. 119.071(4)(d)2.a., F.S.
54
Section 119.071(4)(d)3. and 4., F.S.
55
Section 119.071(4)(d)6., F.S. BILL: SB 862 Page 8
B. Public Records/Open Meetings Issues:
Vote Requirement
Article I, s. 24(c) of the State Constitution requires a two-thirds vote of the members
present and voting for final passage of a bill creating or expanding an exemption to the
public records requirements. This bill enacts a new exemption for the personal
identifying and location information of current county attorneys, assistant county
attorneys, city attorneys, and assistant city attorneys, thus, the bill requires a two-thirds
vote to be enacted.
Public Necessity Statement
Article I, s. 24(c) of the State Constitution requires a bill creating or expanding an
exemption to the public records requirements to state with specificity the public necessity
justifying the exemption. Section 2. of the bill contains a statement of public necessity for
the exemption.
Breadth of Exemption
Article I, s. 24(c) of the State Constitution requires an exemption to the public records
requirements to be no broader than necessary to accomplish the stated purpose of the law.
The stated purpose of the law is to protect the attorneys and their families from the
danger of becoming a victim of stalking, emotional abuse, and physical violence. This
bill exempts only certain personal identifying information from the public records
requirements, consistent with 21 similar exemptions. The exemption does not appear to
be broader than necessary to accomplish the purpose of the law.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None. BILL: SB 862 Page 9
C. Government Sector Impact:
The may cause cities and counties to incur costs associated with redacting the exempt
information prior to releasing a record. However, the costs would likely be absorbed as
they are part of the day-to-day responsibilities.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 119.071 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.