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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 E S
A bill to be entitled 1
An act relating to public records; amending s. 2
119.071, F.S.; defining the term "appellate court"; 3
providing an exemption from public records 4
requirements for the personal identifying and location 5
information of current appellate court clerks and the 6
spouses and children of such appellate court clerks; 7
providing for future legislative review and repeal of 8
the exemption; providing for retroactive application 9
of the exemption; amending s. 744.21031, F.S.; 10
conforming a cross-reference; providing a statement of 11
public necessity; providing 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" means the Florida Supreme Court or a 22
district court of appeal. 23
b. "Home addresses" means the dwelling location at which 24
an individual resides and includes the physical address, mailing 25
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address, street address, parcel identification number, plot 26
identification number, legal property description, neighborhood 27
name and lot number, GPS coordinates, and any other descriptive 28
property information that may reveal the home address. 29
c.b. "Judicial assistant" means a court employee assigned 30
to the following class codes: 81 40, 8150, 8310, and 8320. 31
d.c. "Telephone numbers" includes home telephone numbers, 32
personal cellular telephone numbers, personal pager telephone 33
numbers, and telephone numbers associated with personal 34
communications devices. 35
2.a. The home addresses, t elephone numbers, dates of 36
birth, and photographs of active or former sworn law enforcement 37
personnel or of active or former civilian personnel employed by 38
a law enforcement agency, including correctional and 39
correctional probation officers, personnel of t he Department of 40
Children and Families whose duties include the investigation of 41
abuse, neglect, exploitation, fraud, theft, or other criminal 42
activities, personnel of the Department of Health whose duties 43
are to support the investigation of child abuse or neglect, and 44
personnel of the Department of Revenue or local governments 45
whose responsibilities include revenue collection and 46
enforcement or child support enforcement; the names, home 47
addresses, telephone numbers, photographs, dates of birth, and 48
places of employment of the spouses and children of such 49
personnel; and the names and locations of schools and day care 50
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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 E S
facilities attended by the children of such personnel are exempt 51
from s. 119.07(1) and s. 24(a), Art. I of the State 52
Constitution. 53
b. The home addresses, telephone numbers, dates of birth, 54
and photographs of current or former nonsworn investigative 55
personnel of the Department of Financial Services whose duties 56
include the investigation of fraud, theft, workers' compensation 57
coverage requirement s and compliance, other related criminal 58
activities, or state regulatory requirement violations; the 59
names, home addresses, telephone numbers, dates of birth, and 60
places of employment of the spouses and children of such 61
personnel; and the names and locatio ns of schools and day care 62
facilities attended by the children of such personnel are exempt 63
from s. 119.07(1) and s. 24(a), Art. I of the State 64
Constitution. 65
c. The home addresses, telephone numbers, dates of birth, 66
and photographs of current or former n onsworn investigative 67
personnel of the Office of Financial Regulation's Bureau of 68
Financial Investigations whose duties include the investigation 69
of fraud, theft, other related criminal activities, or state 70
regulatory requirement violations; the names, hom e addresses, 71
telephone numbers, dates of birth, and places of employment of 72
the spouses and children of such personnel; and the names and 73
locations of schools and day care facilities attended by the 74
children of such personnel are exempt from s. 119.07(1) a nd s. 75
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24(a), Art. I of the State Constitution. 76
d. The home addresses, telephone numbers, dates of birth, 77
and photographs of current or former firefighters certified in 78
compliance with s. 633.408; the names, home addresses, telephone 79
numbers, photographs, dates of birth, and places of employment 80
of the spouses and children of such firefighters; and the names 81
and locations of schools and day care facilities attended by the 82
children of such firefighters are exempt from s. 119.07(1) and 83
s. 24(a), Art. I of th e State Constitution. 84
e. The home addresses, dates of birth, and telephone 85
numbers of current or former justices of the Supreme Court, 86
district court of appeal judges, circuit court judges, and 87
county court judges and current judicial assistants; the names, 88
home addresses, telephone numbers, dates of birth, and places of 89
employment of the spouses and children of current or former 90
justices and judges and current judicial assistants; and the 91
names and locations of schools and day care facilities attended 92
by the children of current or former justices and judges and 93
current judicial assistants are exempt from s. 119.07(1) and s. 94
24(a), Art. I of the State Constitution. This sub -subparagraph 95
is subject to the Open Government Sunset Review Act in 96
accordance with s. 119.15 and shall stand repealed on October 2, 97
2028, unless reviewed and saved from repeal through reenactment 98
by the Legislature. 99
f. The home addresses, telephone numbers, dates of birth, 100
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and photographs of current or former state attorneys, assis tant 101
state attorneys, statewide prosecutors, or assistant statewide 102
prosecutors; the names, home addresses, telephone numbers, 103
photographs, dates of birth, and places of employment of the 104
spouses and children of current or former state attorneys, 105
assistant state attorneys, statewide prosecutors, or assistant 106
statewide prosecutors; and the names and locations of schools 107
and day care facilities attended by the children of current or 108
former state attorneys, assistant state attorneys, statewide 109
prosecutors, or assistant statewide prosecutors are exempt from 110
s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 111
g. The home addresses, dates of birth, and telephone 112
numbers of general magistrates, special magistrates, judges of 113
compensation claims, administ rative law judges of the Division 114
of Administrative Hearings, and child support enforcement 115
hearing officers; the names, home addresses, telephone numbers, 116
dates of birth, and places of employment of the spouses and 117
children of general magistrates, special magistrates, judges of 118
compensation claims, administrative law judges of the Division 119
of Administrative Hearings, and child support enforcement 120
hearing officers; and the names and locations of schools and day 121
care facilities attended by the children of ge neral magistrates, 122
special magistrates, judges of compensation claims, 123
administrative law judges of the Division of Administrative 124
Hearings, and child support enforcement hearing officers are 125
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exempt from s. 119.07(1) and s. 24(a), Art. I of the State 126
Constitution. 127
h. The home addresses, telephone numbers, dates of birth, 128
and photographs of current or former human resource, labor 129
relations, or employee relations directors, assistant directors, 130
managers, or assistant managers of any local government agency 131
or water management district whose duties include hiring and 132
firing employees, labor contract negotiation, administration, or 133
other personnel-related duties; the names, home addresses, 134
telephone numbers, dates of birth, and places of employment of 135
the spouses and children of such personnel; and the names and 136
locations of schools and day care facilities attended by the 137
children of such personnel are exempt from s. 119.07(1) and s. 138
24(a), Art. I of the State Constitution. 139
i. The home addresses, telephone nu mbers, dates of birth, 140
and photographs of current or former code enforcement officers; 141
the names, home addresses, telephone numbers, dates of birth, 142
and places of employment of the spouses and children of such 143
personnel; and the names and locations of scho ols and day care 144
facilities attended by the children of such personnel are exempt 145
from s. 119.07(1) and s. 24(a), Art. I of the State 146
Constitution. 147
j. The home addresses, telephone numbers, places of 148
employment, dates of birth, and photographs of current or former 149
guardians ad litem, as defined in s. 39.01; the names, home 150
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addresses, telephone numbers, dates of birth, and places of 151
employment of the spouses and children of such persons; and the 152
names and locations of schools and day care facilities attend ed 153
by the children of such persons are exempt from s. 119.07(1) and 154
s. 24(a), Art. I of the State Constitution. 155
k. The home addresses, telephone numbers, dates of birth, 156
and photographs of current or former juvenile probation 157
officers, juvenile probation supervisors, detention 158
superintendents, assistant detention superintendents, juvenile 159
justice detention officers I and II, juvenile justice detention 160
officer supervisors, juvenile justice residential officers, 161
juvenile justice residential officer supervis ors I and II, 162
juvenile justice counselors, juvenile justice counselor 163
supervisors, human services counselor administrators, senior 164
human services counselor administrators, rehabilitation 165
therapists, and social services counselors of the Department of 166
Juvenile Justice; the names, home addresses, telephone numbers, 167
dates of birth, and places of employment of spouses and children 168
of such personnel; and the names and locations of schools and 169
day care facilities attended by the children of such personnel 170
are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 171
Constitution. 172
l. The home addresses, telephone numbers, dates of birth, 173
and photographs of current or former public defenders, assistant 174
public defenders, criminal conflict and civil regional counse l, 175
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and assistant criminal conflict and civil regional counsel; the 176
names, home addresses, telephone numbers, dates of birth, and 177
places of employment of the spouses and children of current or 178
former public defenders, assistant public defenders, criminal 179
conflict and civil regional counsel, and assistant criminal 180
conflict and civil regional counsel; and the names and locations 181
of schools and day care facilities attended by the children of 182
current or former public defenders, assistant public defenders, 183
criminal conflict and civil regional counsel, and assistant 184
criminal conflict and civil regional counsel are exempt from s. 185
119.07(1) and s. 24(a), Art. I of the State Constitution. 186
m. The home addresses, telephone numbers, dates of birth, 187
and photographs of c urrent or former investigators or inspectors 188
of the Department of Business and Professional Regulation; the 189
names, home addresses, telephone numbers, dates of birth, and 190
places of employment of the spouses and children of such current 191
or former investigato rs and inspectors; and the names and 192
locations of schools and day care facilities attended by the 193
children of such current or former investigators and inspectors 194
are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 195
Constitution. 196
n. The home addresses, telephone numbers, and dates of 197
birth of county tax collectors; the names, home addresses, 198
telephone numbers, dates of birth, and places of employment of 199
the spouses and children of such tax collectors; and the names 200
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and locations of schools and da y care facilities attended by the 201
children of such tax collectors are exempt from s. 119.07(1) and 202
s. 24(a), Art. I of the State Constitution. 203
o. The home addresses, telephone numbers, dates of birth, 204
and photographs of current or former personnel of the Department 205
of Health whose duties include, or result in, the determination 206
or adjudication of eligibility for social security disability 207
benefits, the investigation or prosecution of complaints filed 208
against health care practitioners, or the inspection of health 209
care practitioners or health care facilities licensed by the 210
Department of Health; the names, home addresses, telephone 211
numbers, dates of birth, and places of employment of the spouses 212
and children of such personnel; and the names and locations of 213
schools and day care facilities attended by the children of such 214
personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 215
the State Constitution. 216
p. The home addresses, telephone numbers, dates of birth, 217
and photographs of current or former impaire d practitioner 218
consultants who are retained by an agency or current or former 219
employees of an impaired practitioner consultant whose duties 220
result in a determination of a person's skill and safety to 221
practice a licensed profession; the names, home addresse s, 222
telephone numbers, dates of birth, and places of employment of 223
the spouses and children of such consultants or their employees; 224
and the names and locations of schools and day care facilities 225
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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 E S
attended by the children of such consultants or employees are 226
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 227
Constitution. 228
q. The home addresses, telephone numbers, dates of birth, 229
and photographs of current or former emergency medical 230
technicians or paramedics certified under chapter 401; the 231
names, home addresses, telephone numbers, dates of birth, and 232
places of employment of the spouses and children of such 233
emergency medical technicians or paramedics; and the names and 234
locations of schools and day care facilities attended by the 235
children of such emerg ency medical technicians or paramedics are 236
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 237
Constitution. 238
r. The home addresses, telephone numbers, dates of birth, 239
and photographs of current or former personnel employed in an 240
agency's office of inspector general or internal audit 241
department whose duties include auditing or investigating waste, 242
fraud, abuse, theft, exploitation, or other activities that 243
could lead to criminal prosecution or administrative discipline; 244
the names, home addresses, te lephone numbers, dates of birth, 245
and places of employment of spouses and children of such 246
personnel; and the names and locations of schools and day care 247
facilities attended by the children of such personnel are exempt 248
from s. 119.07(1) and s. 24(a), Art. I of the State 249
Constitution. 250
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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 E S
s. The home addresses, telephone numbers, dates of birth, 251
and photographs of current or former directors, managers, 252
supervisors, nurses, and clinical employees of an addiction 253
treatment facility; the home addresses, telephone numbers, 254
photographs, dates of birth, and places of employment of the 255
spouses and children of such personnel; and the names and 256
locations of schools and day care facilities attended by the 257
children of such personnel are exempt from s. 119.07(1) and s. 258
24(a), Art. I of the State Constitution. For purposes of this 259
sub-subparagraph, the term "addiction treatment facility" means 260
a county government, or agency thereof, that is licensed 261
pursuant to s. 397.401 and provides substance abuse prevention, 262
intervention, or clinical treatment, including any licensed 263
service component described in s. 397.311(27). 264
t. The home addresses, telephone numbers, dates of birth, 265
and photographs of current or former directors, managers, 266
supervisors, and clinical employees of a chi ld advocacy center 267
that meets the standards of s. 39.3035(2) and fulfills the 268
screening requirement of s. 39.3035(3), and the members of a 269
Child Protection Team as described in s. 39.303 whose duties 270
include supporting the investigation of child abuse or s exual 271
abuse, child abandonment, child neglect, and child exploitation 272
or to provide services as part of a multidisciplinary case 273
review team; the names, home addresses, telephone numbers, 274
photographs, dates of birth, and places of employment of the 275
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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 E S
spouses and children of such personnel and members; and the 276
names and locations of schools and day care facilities attended 277
by the children of such personnel and members are exempt from s. 278
119.07(1) and s. 24(a), Art. I of the State Constitution. 279
u. The home addresses, telephone numbers, places of 280
employment, dates of birth, and photographs of current or former 281
staff and domestic violence advocates, as defined in s. 282
90.5036(1)(b), of domestic violence centers certified by the 283
Department of Children and Families under chapter 39; the names, 284
home addresses, telephone numbers, places of employment, dates 285
of birth, and photographs of the spouses and children of such 286
personnel; and the names and locations of schools and day care 287
facilities attended by the children of such personnel are exempt 288
from s. 119.07(1) and s. 24(a), Art. I of the State 289
Constitution. 290
v. The home addresses, telephone numbers, dates of birth, 291
and photographs of current or former inspectors or investigators 292
of the Department of Agriculture and Co nsumer Services; the 293
names, home addresses, telephone numbers, dates of birth, and 294
places of employment of the spouses and children of current or 295
former inspectors or investigators; and the names and locations 296
of schools and day care facilities attended by the children of 297
current or former inspectors or investigators are exempt from s. 298
119.07(1) and s. 24(a), Art. I of the State Constitution. This 299
sub-subparagraph is subject to the Open Government Sunset Review 300
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Act in accordance with s. 119.15 and shall sta nd repealed on 301
October 2, 2028, unless reviewed and saved from repeal through 302
reenactment by the Legislature. 303
w. The home addresses, telephone numbers, dates of birth, 304
and photographs of current county attorneys, assistant county 305
attorneys, deputy county attorneys, city attorneys, assistant 306
city attorneys, and deputy city attorneys; the names, home 307
addresses, telephone numbers, photographs, dates of birth, and 308
places of employment of the spouses and children of current 309
county attorneys, assistant county a ttorneys, deputy county 310
attorneys, city attorneys, assistant city attorneys, and deputy 311
city attorneys; and the names and locations of schools and day 312
care facilities attended by the children of current county 313
attorneys, assistant county attorneys, deputy county attorneys, 314
city attorneys, assistant city attorneys, and deputy city 315
attorneys are exempt from s. 119.07(1) and s. 24(a), Art. I of 316
the State Constitution. This exemption does not apply to a 317
county attorney, assistant county attorney, deputy county 318
attorney, city attorney, assistant city attorney, or deputy city 319
attorney who qualifies as a candidate for election to public 320
office. This sub-subparagraph is subject to the Open Government 321
Sunset Review Act in accordance with s. 119.15 and shall stand 322
repealed on October 2, 2029, unless reviewed and saved from 323
repeal through reenactment by the Legislature. 324
x. The home addresses, telephone numbers, dates of birth, 325
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and photographs of current or former commissioners of the 326
Florida Gaming Control Commission; the names, home addresses, 327
telephone numbers, dates of birth, photographs, and places of 328
employment of the spouses and children of such current or former 329
commissioners; and the names and locations of schools and day 330
care facilities attended by the childre n of such current or 331
former commissioners are exempt from s. 119.07(1) and s. 24(a), 332
Art. I of the State Constitution. This sub -subparagraph is 333
subject to the Open Government Sunset Review Act in accordance 334
with s. 119.15 and shall stand repealed on Octobe r 2, 2029, 335
unless reviewed and saved from repeal through reenactment by the 336
Legislature. 337
y. The home addresses, telephone numbers, dates of birth, 338
and photographs of current clerks of the appellate and circuit 339
courts court, deputy clerks of the appellate and circuit courts 340
court, and clerk of the appellate and circuit courts court 341
personnel; the names, home addresses, telephone numbers, dates 342
of birth, and places of employment of the spouses and children 343
of current clerks of the appellate and circuit courts court, 344
deputy clerks of the appellate and circuit courts court, and 345
clerk of the appellate and circuit courts court personnel; and 346
the names and locations of schools and day care facilities 347
attended by the children of current clerks of the appellate and 348
circuit courts court, deputy clerks of the appellate and circuit 349
courts court, and clerk of the appellate and circuit courts 350
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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 E S
court personnel are exempt from s. 119.07(1) and s. 24(a), Art. 351
I of the State Constitution. This sub -subparagraph is subject to 352
the Open Government Sunset Review Act in accordance with s. 353
119.15 and shall stand repealed on October 2, 2030 2029, unless 354
reviewed and saved from repeal through reenactment by the 355
Legislature. 356
3. An agency that is the custodian of the information 357
specified in subparagraph 2. and that is not the employer of the 358
officer, employee, justice, judge, or other person specified in 359
subparagraph 2. must maintain the exempt status of that 360
information only if the officer, employee, justice, judge, other 361
person, or employing agency of the designated employee submits a 362
written and notarized request for maintenance of the exemption 363
to the custodial agency. The request must state under oath the 364
statutory basis for the individual's exemption request and 365
confirm the individual's status as a party eligible for exempt 366
status. 367
4.a. A county property appraiser, as defined in s. 368
192.001(3), or a county tax collector, as defined in s. 369
192.001(4), who receives a written and notarized request for 370
maintenance of the exemption purs uant to subparagraph 3. must 371
comply by removing the name of the individual with exempt status 372
and the instrument number or Official Records book and page 373
number identifying the property with the exempt status from all 374
publicly available records maintained by the property appraiser 375
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or tax collector. For written requests received on or before 376
July 1, 2021, a county property appraiser or county tax 377
collector must comply with this sub -subparagraph by October 1, 378
2021. A county property appraiser or county tax co llector may 379
not remove the street address, legal description, or other 380
information identifying real property within the agency's 381
records so long as a name or personal information otherwise 382
exempt from inspection and copying pursuant to this section is 383
not associated with the property or otherwise displayed in the 384
public records of the agency. 385
b. Any information restricted from public display, 386
inspection, or copying under sub -subparagraph a. must be 387
provided to the individual whose information was removed. 388
5. An officer, an employee, a justice, a judge, or other 389
person specified in subparagraph 2. may submit a written request 390
for the release of his or her exempt information to the 391
custodial agency. The written request must be notarized and must 392
specify the information to be released and the party authorized 393
to receive the information. Upon receipt of the written request, 394
the custodial agency must release the specified information to 395
the party authorized to receive such information. 396
6. The exemptions in t his paragraph apply to information 397
held by an agency before, on, or after the effective date of the 398
exemption. 399
7. Information made exempt under this paragraph may be 400
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disclosed pursuant to s. 28.2221 to a title insurer authorized 401
pursuant to s. 624.401 an d its affiliates as defined in s. 402
624.10; a title insurance agent or title insurance agency as 403
defined in s. 626.841(1) or (2), respectively; or an attorney 404
duly admitted to practice law in this state and in good standing 405
with The Florida Bar. 406
8. The exempt status of a home address contained in the 407
Official Records is maintained only during the period when a 408
protected party resides at the dwelling location. Upon 409
conveyance of real property after October 1, 2021, and when such 410
real property no longer const itutes a protected party's home 411
address as defined in sub -subparagraph 1.b. 1.a., the protected 412
party must submit a written request to release the removed 413
information to the county recorder. The written request to 414
release the removed information must be notarized, must confirm 415
that a protected party's request for release is pursuant to a 416
conveyance of his or her dwelling location, and must specify the 417
Official Records book and page, instrument number, or clerk's 418
file number for each document containing th e information to be 419
released. 420
9. Upon the death of a protected party as verified by a 421
certified copy of a death certificate or court order, any party 422
can request the county recorder to release a protected 423
decedent's removed information unless there is a related request 424
on file with the county recorder for continued removal of the 425
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decedent's information or unless such removal is otherwise 426
prohibited by statute or by court order. The written request to 427
release the removed information upon the death of a pro tected 428
party must attach the certified copy of a death certificate or 429
court order and must be notarized, must confirm the request for 430
release is due to the death of a protected party, and must 431
specify the Official Records book and page number, instrument 432
number, or clerk's file number for each document containing the 433
information to be released. A fee may not be charged for the 434
release of any document pursuant to such request. 435
Section 2. Paragraph (c) of subsection (1) of section 436
744.21031, Florida Statutes, is amended to read: 437
744.21031 Public records exemption. — 438
(1) For purposes of this section, the term: 439
(c) "Telephone numbers" has the same meaning as provided 440
in s. 119.071(4)(d)1.d. s. 119.071(4)(d)1.c. 441
Section 3. The Legislature finds that it is a public 442
necessity that the home addresses, telephone numbers, dates of 443
birth, and photographs of current appellate court clerks; the 444
names, home addresses, telephone numbers, dates of birth, and 445
places of employment of the spouses and children of such 446
appellate court clerks; and the names and locations of schools 447
and day care facilities attended by the children of such 448
appellate court clerks be made exempt from s. 119.07(1), Florida 449
Statutes, and s. 24(a), Article I of the State Constitution. 450
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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 E S
While performing their duties to issue court orders, maintain 451
case dockets, answer telephone calls, respond to correspondence, 452
and interact with visitors to the courthouse, appellate court 453
clerks may incur the ill will of litigants and their associates 454
and families. As a result, current appellate court clerks and 455
their spouses and children may be targets for acts of revenge. 456
If such identifying and location information is released, the 457
safety of current appellate court clerks and their spouses and 458
children could be seriously jeopardized. For this reason, the 459
Legislature finds that it is a public necessity that such 460
information be made exempt from public records requirements. 461
Section 4. This act shall take effect July 1, 2025. 462