Florida 2025 Regular Session

Florida House Bill H0507 Compare Versions

Only one version of the bill is available at this time.
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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 E S
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1414 A bill to be entitled 1
1515 An act relating to public records; amending s. 2
1616 119.071, F.S.; providing an exemption from public 3
1717 records requirements for the personal identifying and 4
1818 location information of sexual assault counselors; 5
1919 providing for future legislative review and repeal of 6
2020 the exemption; providing for retroactive application; 7
2121 providing a statement of public necessity; providing 8
2222 an effective date. 9
2323 10
2424 Be It Enacted by the Legislat ure of the State of Florida: 11
2525 12
2626 Section 1. Paragraph (d) of subsection (4) of section 13
2727 119.071, Florida Statutes, is amended to read: 14
2828 119.071 General exemptions from inspection or copying of 15
2929 public records.— 16
3030 (4) AGENCY PERSONNEL INFORMATION. — 17
3131 (d)1. For purposes of this paragraph, the term: 18
3232 a. "Home addresses" means the dwelling location at which 19
3333 an individual resides and includes the physical address, mailing 20
3434 address, street address, parcel identification number, plot 21
3535 identification number, legal p roperty description, neighborhood 22
3636 name and lot number, GPS coordinates, and any other descriptive 23
3737 property information that may reveal the home address. 24
3838 b. "Judicial assistant" means a court employee assigned to 25
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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 E S
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5151 the following class codes: 8140, 8150, 831 0, and 8320. 26
5252 c. "Telephone numbers" includes home telephone numbers, 27
5353 personal cellular telephone numbers, personal pager telephone 28
5454 numbers, and telephone numbers associated with personal 29
5555 communications devices. 30
5656 2.a. The home addresses, telephone number s, dates of 31
5757 birth, and photographs of active or former sworn law enforcement 32
5858 personnel or of active or former civilian personnel employed by 33
5959 a law enforcement agency, including correctional and 34
6060 correctional probation officers, personnel of the Department o f 35
6161 Children and Families whose duties include the investigation of 36
6262 abuse, neglect, exploitation, fraud, theft, or other criminal 37
6363 activities, personnel of the Department of Health whose duties 38
6464 are to support the investigation of child abuse or neglect, and 39
6565 personnel of the Department of Revenue or local governments 40
6666 whose responsibilities include revenue collection and 41
6767 enforcement or child support enforcement; the names, home 42
6868 addresses, telephone numbers, photographs, dates of birth, and 43
6969 places of employment o f the spouses and children of such 44
7070 personnel; and the names and locations of schools and day care 45
7171 facilities attended by the children of such personnel are exempt 46
7272 from s. 119.07(1) and s. 24(a), Art. I of the State 47
7373 Constitution. 48
7474 b. The home addresses, te lephone numbers, dates of birth, 49
7575 and photographs of current or former nonsworn investigative 50
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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 E S
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8888 personnel of the Department of Financial Services whose duties 51
8989 include the investigation of fraud, theft, workers' compensation 52
9090 coverage requirements and complianc e, other related criminal 53
9191 activities, or state regulatory requirement violations; the 54
9292 names, home addresses, telephone numbers, dates of birth, and 55
9393 places of employment of the spouses and children of such 56
9494 personnel; and the names and locations of schools a nd day care 57
9595 facilities attended by the children of such personnel are exempt 58
9696 from s. 119.07(1) and s. 24(a), Art. I of the State 59
9797 Constitution. 60
9898 c. The home addresses, telephone numbers, dates of birth, 61
9999 and photographs of current or former nonsworn investi gative 62
100100 personnel of the Office of Financial Regulation's Bureau of 63
101101 Financial Investigations whose duties include the investigation 64
102102 of fraud, theft, other related criminal activities, or state 65
103103 regulatory requirement violations; the names, home addresses, 66
104104 telephone numbers, dates of birth, and places of employment of 67
105105 the spouses and children of such personnel; and the names and 68
106106 locations of schools and day care facilities attended by the 69
107107 children of such personnel are exempt from s. 119.07(1) and s. 70
108108 24(a), Art. I of the State Constitution. 71
109109 d. The home addresses, telephone numbers, dates of birth, 72
110110 and photographs of current or former firefighters certified in 73
111111 compliance with s. 633.408; the names, home addresses, telephone 74
112112 numbers, photographs, dates of birth , and places of employment 75
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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 E S
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125125 of the spouses and children of such firefighters; and the names 76
126126 and locations of schools and day care facilities attended by the 77
127127 children of such firefighters are exempt from s. 119.07(1) and 78
128128 s. 24(a), Art. I of the State Constit ution. 79
129129 e. The home addresses, dates of birth, and telephone 80
130130 numbers of current or former justices of the Supreme Court, 81
131131 district court of appeal judges, circuit court judges, and 82
132132 county court judges and current judicial assistants; the names, 83
133133 home addresses, telephone numbers, dates of birth, and places of 84
134134 employment of the spouses and children of current or former 85
135135 justices and judges and current judicial assistants; and the 86
136136 names and locations of schools and day care facilities attended 87
137137 by the children of current or former justices and judges and 88
138138 current judicial assistants are exempt from s. 119.07(1) and s. 89
139139 24(a), Art. I of the State Constitution. This sub -subparagraph 90
140140 is subject to the Open Government Sunset Review Act in 91
141141 accordance with s. 119.15 and shall stand repealed on October 2, 92
142142 2028, unless reviewed and saved from repeal through reenactment 93
143143 by the Legislature. 94
144144 f. The home addresses, telephone numbers, dates of birth, 95
145145 and photographs of current or former state attorneys, assistant 96
146146 state attorneys, statewide prosecutors, or assistant statewide 97
147147 prosecutors; the names, home addresses, telephone numbers, 98
148148 photographs, dates of birth, and places of employment of the 99
149149 spouses and children of current or former state attorneys, 100
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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 E S
159159
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162162 assistant state attorneys, statewide prosecutors, or assistant 101
163163 statewide prosecutors; and the names and locations of schools 102
164164 and day care facilitie s attended by the children of current or 103
165165 former state attorneys, assistant state attorneys, statewide 104
166166 prosecutors, or assistant statewide prosecutors are exempt from 105
167167 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 106
168168 g. The home addresses, date s of birth, and telephone 107
169169 numbers of general magistrates, special magistrates, judges of 108
170170 compensation claims, administrative law judges of the Division 109
171171 of Administrative Hearings, and child support enforcement 110
172172 hearing officers; the names, home addresses, t elephone numbers, 111
173173 dates of birth, and places of employment of the spouses and 112
174174 children of general magistrates, special magistrates, judges of 113
175175 compensation claims, administrative law judges of the Division 114
176176 of Administrative Hearings, and child support enfor cement 115
177177 hearing officers; and the names and locations of schools and day 116
178178 care facilities attended by the children of general magistrates, 117
179179 special magistrates, judges of compensation claims, 118
180180 administrative law judges of the Division of Administrative 119
181181 Hearings, and child support enforcement hearing officers are 120
182182 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 121
183183 Constitution. 122
184184 h. The home addresses, telephone numbers, dates of birth, 123
185185 and photographs of current or former human resource, labor 124
186186 relations, or employee relations directors, assistant directors, 125
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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 E S
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197197
198198
199199 managers, or assistant managers of any local government agency 126
200200 or water management district whose duties include hiring and 127
201201 firing employees, labor contract negotiation, administration, or 128
202202 other personnel-related duties; the names, home addresses, 129
203203 telephone numbers, dates of birth, and places of employment of 130
204204 the spouses and children of such personnel; and the names and 131
205205 locations of schools and day care facilities attended by the 132
206206 children of such person nel are exempt from s. 119.07(1) and s. 133
207207 24(a), Art. I of the State Constitution. 134
208208 i. The home addresses, telephone numbers, dates of birth, 135
209209 and photographs of current or former code enforcement officers; 136
210210 the names, home addresses, telephone numbers, dates of birth, 137
211211 and places of employment of the spouses and children of such 138
212212 personnel; and the names and locations of schools and day care 139
213213 facilities attended by the children of such personnel are exempt 140
214214 from s. 119.07(1) and s. 24(a), Art. I of the State 141
215215 Constitution. 142
216216 j. The home addresses, telephone numbers, places of 143
217217 employment, dates of birth, and photographs of current or former 144
218218 guardians ad litem, as defined in s. 39.01; the names, home 145
219219 addresses, telephone numbers, dates of birth, and places of 146
220220 employment of the spouses and children of such persons; and the 147
221221 names and locations of schools and day care facilities attended 148
222222 by the children of such persons are exempt from s. 119.07(1) and 149
223223 s. 24(a), Art. I of the State Constitution. 150
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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 E S
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236236 k. The home addresses, t elephone numbers, dates of birth, 151
237237 and photographs of current or former juvenile probation 152
238238 officers, juvenile probation supervisors, detention 153
239239 superintendents, assistant detention superintendents, juvenile 154
240240 justice detention officers I and II, juvenile justi ce detention 155
241241 officer supervisors, juvenile justice residential officers, 156
242242 juvenile justice residential officer supervisors I and II, 157
243243 juvenile justice counselors, juvenile justice counselor 158
244244 supervisors, human services counselor administrators, senior 159
245245 human services counselor administrators, rehabilitation 160
246246 therapists, and social services counselors of the Department of 161
247247 Juvenile Justice; the names, home addresses, telephone numbers, 162
248248 dates of birth, and places of employment of spouses and children 163
249249 of such personnel; and the names and locations of schools and 164
250250 day care facilities attended by the children of such personnel 165
251251 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 166
252252 Constitution. 167
253253 l. The home addresses, telephone numbers, dates of birth, 168
254254 and photographs of current or former public defenders, assistant 169
255255 public defenders, criminal conflict and civil regional counsel, 170
256256 and assistant criminal conflict and civil regional counsel; the 171
257257 names, home addresses, telephone numbers, dates of birth, and 172
258258 places of employment of the spouses and children of current or 173
259259 former public defenders, assistant public defenders, criminal 174
260260 conflict and civil regional counsel, and assistant criminal 175
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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 E S
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273273 conflict and civil regional counsel; and the names and locations 176
274274 of schools and day care facilities attended by the children of 177
275275 current or former public defenders, assistant public defenders, 178
276276 criminal conflict and civil regional counsel, and assistant 179
277277 criminal conflict and civil regional counsel are exempt from s. 180
278278 119.07(1) and s. 24( a), Art. I of the State Constitution. 181
279279 m. The home addresses, telephone numbers, dates of birth, 182
280280 and photographs of current or former investigators or inspectors 183
281281 of the Department of Business and Professional Regulation; the 184
282282 names, home addresses, telepho ne numbers, dates of birth, and 185
283283 places of employment of the spouses and children of such current 186
284284 or former investigators and inspectors; and the names and 187
285285 locations of schools and day care facilities attended by the 188
286286 children of such current or former inves tigators and inspectors 189
287287 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 190
288288 Constitution. 191
289289 n. The home addresses, telephone numbers, and dates of 192
290290 birth of county tax collectors; the names, home addresses, 193
291291 telephone numbers, dates of birth, and places of employment of 194
292292 the spouses and children of such tax collectors; and the names 195
293293 and locations of schools and day care facilities attended by the 196
294294 children of such tax collectors are exempt from s. 119.07(1) and 197
295295 s. 24(a), Art. I of the State Constitut ion. 198
296296 o. The home addresses, telephone numbers, dates of birth, 199
297297 and photographs of current or former personnel of the Department 200
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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 E S
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310310 of Health whose duties include, or result in, the determination 201
311311 or adjudication of eligibility for social security disability 202
312312 benefits, the investigation or prosecution of complaints filed 203
313313 against health care practitioners, or the inspection of health 204
314314 care practitioners or health care facilities licensed by the 205
315315 Department of Health; the names, home addresses, telephone 206
316316 numbers, dates of birth, and places of employment of the spouses 207
317317 and children of such personnel; and the names and locations of 208
318318 schools and day care facilities attended by the children of such 209
319319 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 210
320320 the State Constitution. 211
321321 p. The home addresses, telephone numbers, dates of birth, 212
322322 and photographs of current or former impaired practitioner 213
323323 consultants who are retained by an agency or current or former 214
324324 employees of an impaired practitioner consultant whose dutie s 215
325325 result in a determination of a person's skill and safety to 216
326326 practice a licensed profession; the names, home addresses, 217
327327 telephone numbers, dates of birth, and places of employment of 218
328328 the spouses and children of such consultants or their employees; 219
329329 and the names and locations of schools and day care facilities 220
330330 attended by the children of such consultants or employees are 221
331331 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 222
332332 Constitution. 223
333333 q. The home addresses, telephone numbers, dates of birth, 224
334334 and photographs of current or former emergency medical 225
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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 E S
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347347 technicians or paramedics certified under chapter 401; the 226
348348 names, home addresses, telephone numbers, dates of birth, and 227
349349 places of employment of the spouses and children of such 228
350350 emergency medical technician s or paramedics; and the names and 229
351351 locations of schools and day care facilities attended by the 230
352352 children of such emergency medical technicians or paramedics are 231
353353 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 232
354354 Constitution. 233
355355 r. The home addresse s, telephone numbers, dates of birth, 234
356356 and photographs of current or former personnel employed in an 235
357357 agency's office of inspector general or internal audit 236
358358 department whose duties include auditing or investigating waste, 237
359359 fraud, abuse, theft, exploitation, o r other activities that 238
360360 could lead to criminal prosecution or administrative discipline; 239
361361 the names, home addresses, telephone numbers, dates of birth, 240
362362 and places of employment of spouses and children of such 241
363363 personnel; and the names and locations of school s and day care 242
364364 facilities attended by the children of such personnel are exempt 243
365365 from s. 119.07(1) and s. 24(a), Art. I of the State 244
366366 Constitution. 245
367367 s. The home addresses, telephone numbers, dates of birth, 246
368368 and photographs of current or former directors, ma nagers, 247
369369 supervisors, nurses, and clinical employees of an addiction 248
370370 treatment facility; the home addresses, telephone numbers, 249
371371 photographs, dates of birth, and places of employment of the 250
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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 E S
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384384 spouses and children of such personnel; and the names and 251
385385 locations of schools and day care facilities attended by the 252
386386 children of such personnel are exempt from s. 119.07(1) and s. 253
387387 24(a), Art. I of the State Constitution. For purposes of this 254
388388 sub-subparagraph, the term "addiction treatment facility" means 255
389389 a county government, or agency thereof, that is licensed 256
390390 pursuant to s. 397.401 and provides substance abuse prevention, 257
391391 intervention, or clinical treatment, including any licensed 258
392392 service component described in s. 397.311(27). 259
393393 t. The home addresses, telephone numbers, dates of birth, 260
394394 and photographs of current or former directors, managers, 261
395395 supervisors, and clinical employees of a child advocacy center 262
396396 that meets the standards of s. 39.3035(2) and fulfills the 263
397397 screening requirement of s. 39.3035(3), and the members of a 264
398398 Child Protection Team as described in s. 39.303 whose duties 265
399399 include supporting the investigation of child abuse or sexual 266
400400 abuse, child abandonment, child neglect, and child exploitation 267
401401 or to provide services as part of a multidisciplinary case 268
402402 review team; the names, home addresses, telephone numbers, 269
403403 photographs, dates of birth, and places of employment of the 270
404404 spouses and children of such personnel and members; and the 271
405405 names and locations of schools and day care facilities attended 272
406406 by the children of su ch personnel and members are exempt from s. 273
407407 119.07(1) and s. 24(a), Art. I of the State Constitution. 274
408408 u. The home addresses, telephone numbers, places of 275
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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 E S
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421421 employment, dates of birth, and photographs of current or former 276
422422 staff and domestic violence advocat es, as defined in s. 277
423423 90.5036(1)(b), of domestic violence centers certified by the 278
424424 Department of Children and Families under chapter 39; the names, 279
425425 home addresses, telephone numbers, places of employment, dates 280
426426 of birth, and photographs of the spouses and c hildren of such 281
427427 personnel; and the names and locations of schools and day care 282
428428 facilities attended by the children of such personnel are exempt 283
429429 from s. 119.07(1) and s. 24(a), Art. I of the State 284
430430 Constitution. 285
431431 v. The home addresses, telephone numbers, da tes of birth, 286
432432 and photographs of current or former inspectors or investigators 287
433433 of the Department of Agriculture and Consumer Services; the 288
434434 names, home addresses, telephone numbers, dates of birth, and 289
435435 places of employment of the spouses and children of cur rent or 290
436436 former inspectors or investigators; and the names and locations 291
437437 of schools and day care facilities attended by the children of 292
438438 current or former inspectors or investigators are exempt from s. 293
439439 119.07(1) and s. 24(a), Art. I of the State Constitution . This 294
440440 sub-subparagraph is subject to the Open Government Sunset Review 295
441441 Act in accordance with s. 119.15 and shall stand repealed on 296
442442 October 2, 2028, unless reviewed and saved from repeal through 297
443443 reenactment by the Legislature. 298
444444 w. The home addresses, tel ephone numbers, dates of birth, 299
445445 and photographs of current county attorneys, assistant county 300
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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 E S
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458458 attorneys, deputy county attorneys, city attorneys, assistant 301
459459 city attorneys, and deputy city attorneys; the names, home 302
460460 addresses, telephone numbers, photographs , dates of birth, and 303
461461 places of employment of the spouses and children of current 304
462462 county attorneys, assistant county attorneys, deputy county 305
463463 attorneys, city attorneys, assistant city attorneys, and deputy 306
464464 city attorneys; and the names and locations of sch ools and day 307
465465 care facilities attended by the children of current county 308
466466 attorneys, assistant county attorneys, deputy county attorneys, 309
467467 city attorneys, assistant city attorneys, and deputy city 310
468468 attorneys are exempt from s. 119.07(1) and s. 24(a), Art. I of 311
469469 the State Constitution. This exemption does not apply to a 312
470470 county attorney, assistant county attorney, deputy county 313
471471 attorney, city attorney, assistant city attorney, or deputy city 314
472472 attorney who qualifies as a candidate for election to public 315
473473 office. This sub-subparagraph is subject to the Open Government 316
474474 Sunset Review Act in accordance with s. 119.15 and shall stand 317
475475 repealed on October 2, 2029, unless reviewed and saved from 318
476476 repeal through reenactment by the Legislature. 319
477477 x. The home addresses, telephone numbers, dates of birth, 320
478478 and photographs of current or former commissioners of the 321
479479 Florida Gaming Control Commission; the names, home addresses, 322
480480 telephone numbers, dates of birth, photographs, and places of 323
481481 employment of the spouses and children of such c urrent or former 324
482482 commissioners; and the names and locations of schools and day 325
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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 E S
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495495 care facilities attended by the children of such current or 326
496496 former commissioners are exempt from s. 119.07(1) and s. 24(a), 327
497497 Art. I of the State Constitution. This sub -subparagraph is 328
498498 subject to the Open Government Sunset Review Act in accordance 329
499499 with s. 119.15 and shall stand repealed on October 2, 2029, 330
500500 unless reviewed and saved from repeal through reenactment by the 331
501501 Legislature. 332
502502 y. The home addresses, telephone numbers, dates of birth, 333
503503 and photographs of current clerks of the circuit court, deputy 334
504504 clerks of the circuit court, and clerk of the circuit court 335
505505 personnel; the names, home addresses, telephone numbers, dates 336
506506 of birth, and places of employment of the spouses and child ren 337
507507 of current clerks of the circuit court, deputy clerks of the 338
508508 circuit court, and clerk of the circuit court personnel; and the 339
509509 names and locations of schools and day care facilities attended 340
510510 by the children of current clerks of the circuit court, deputy 341
511511 clerks of the circuit court, and clerk of the circuit court 342
512512 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 343
513513 the State Constitution. This sub -subparagraph is subject to the 344
514514 Open Government Sunset Review Act in accordance with s. 119.15 345
515515 and shall stand repealed on October 2, 2029, unless reviewed and 346
516516 saved from repeal through reenactment by the Legislature. 347
517517 z. The home addresses, telephone numbers, dates of birth, 348
518518 and photographs of sexual assault counselors, as defined in s. 349
519519 90.5035(1)(b), are exempt from s. 119.07(1) and s. 24(a), Art. I 350
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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 E S
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532532 of the State Constitution. This sub -subparagraph is subject to 351
533533 the Open Government Sunset Review Act in accordance with s. 352
534534 119.15 and shall stand repealed on October 2, 2030, unless 353
535535 reviewed and saved from repeal through reenactment by the 354
536536 Legislature. 355
537537 3. An agency that is the custodian of the information 356
538538 specified in subparagraph 2. and that is not the employer of the 357
539539 officer, employee, justice, judge, or other person specified in 358
540540 subparagraph 2. must mai ntain the exempt status of that 359
541541 information only if the officer, employee, justice, judge, other 360
542542 person, or employing agency of the designated employee submits a 361
543543 written and notarized request for maintenance of the exemption 362
544544 to the custodial agency. The re quest must state under oath the 363
545545 statutory basis for the individual's exemption request and 364
546546 confirm the individual's status as a party eligible for exempt 365
547547 status. 366
548548 4.a. A county property appraiser, as defined in s. 367
549549 192.001(3), or a county tax collector, as defined in s. 368
550550 192.001(4), who receives a written and notarized request for 369
551551 maintenance of the exemption pursuant to subparagraph 3. must 370
552552 comply by removing the name of the individual with exempt status 371
553553 and the instrument number or Official Records book an d page 372
554554 number identifying the property with the exempt status from all 373
555555 publicly available records maintained by the property appraiser 374
556556 or tax collector. For written requests received on or before 375
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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 E S
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569569 July 1, 2021, a county property appraiser or county tax 376
570570 collector must comply with this sub -subparagraph by October 1, 377
571571 2021. A county property appraiser or county tax collector may 378
572572 not remove the street address, legal description, or other 379
573573 information identifying real property within the agency's 380
574574 records so long as a name or personal information otherwise 381
575575 exempt from inspection and copying pursuant to this section is 382
576576 not associated with the property or otherwise displayed in the 383
577577 public records of the agency. 384
578578 b. Any information restricted from public display, 385
579579 inspection, or copying under sub -subparagraph a. must be 386
580580 provided to the individual whose information was removed. 387
581581 5. An officer, an employee, a justice, a judge, or other 388
582582 person specified in subparagraph 2. may submit a written request 389
583583 for the release of his or her exempt information to the 390
584584 custodial agency. The written request must be notarized and must 391
585585 specify the information to be released and the party authorized 392
586586 to receive the information. Upon receipt of the written request, 393
587587 the custodial agency must re lease the specified information to 394
588588 the party authorized to receive such information. 395
589589 6. The exemptions in this paragraph apply to information 396
590590 held by an agency before, on, or after the effective date of the 397
591591 exemption. 398
592592 7. Information made exempt under t his paragraph may be 399
593593 disclosed pursuant to s. 28.2221 to a title insurer authorized 400
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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 E S
603603
604604
605605
606606 pursuant to s. 624.401 and its affiliates as defined in s. 401
607607 624.10; a title insurance agent or title insurance agency as 402
608608 defined in s. 626.841(1) or (2), respectively; or an attorney 403
609609 duly admitted to practice law in this state and in good standing 404
610610 with The Florida Bar. 405
611611 8. The exempt status of a home address contained in the 406
612612 Official Records is maintained only during the period when a 407
613613 protected party resides at the dwelling location. Upon 408
614614 conveyance of real property after October 1, 2021, and when such 409
615615 real property no longer constitutes a protected party's home 410
616616 address as defined in sub -subparagraph 1.a., the protected party 411
617617 must submit a written request to release the remov ed information 412
618618 to the county recorder. The written request to release the 413
619619 removed information must be notarized, must confirm that a 414
620620 protected party's request for release is pursuant to a 415
621621 conveyance of his or her dwelling location, and must specify the 416
622622 Official Records book and page, instrument number, or clerk's 417
623623 file number for each document containing the information to be 418
624624 released. 419
625625 9. Upon the death of a protected party as verified by a 420
626626 certified copy of a death certificate or court order, any party 421
627627 can request the county recorder to release a protected 422
628628 decedent's removed information unless there is a related request 423
629629 on file with the county recorder for continued removal of the 424
630630 decedent's information or unless such removal is otherwise 425
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639639 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
640640
641641
642642
643643 prohibited by statute or by court order. The written request to 426
644644 release the removed information upon the death of a protected 427
645645 party must attach the certified copy of a death certificate or 428
646646 court order and must be notarized, must confirm the request for 429
647647 release is due to th e death of a protected party, and must 430
648648 specify the Official Records book and page number, instrument 431
649649 number, or clerk's file number for each document containing the 432
650650 information to be released. A fee may not be charged for the 433
651651 release of any document pursua nt to such request. 434
652652 Section 2. The Legislature finds that it is a public 435
653653 necessity that the home addresses, telephone numbers, dates of 436
654654 birth, and photographs of sexual assault counselors, as defined 437
655655 in s. 90.5035(1), Florida Statutes, be made exempt from s. 438
656656 119.07(1), Florida Statutes, and s. 24(a), Article I of the 439
657657 State Constitution. Sexual assault counselors regularly support 440
658658 individuals who are victims of crime by offering emotional 441
659659 assistance, providing resources, and helping the victims 442
660660 navigate the legal process. Sexual assault c ounselors often work 443
661661 closely with law enforcement agencies, government organizations, 444
662662 and other entities to ensure that the victims' rights are upheld 445
663663 and the victims' needs are addressed. The personal identifying 446
664664 and location information of sexual assault counselors is 447
665665 frequently documented in police reports or other official 448
666666 records that are provided to a defendant and his or her legal 449
667667 counsel as part of the discovery process. Those documents are 450
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676676 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
677677
678678
679679
680680 subject to public records requests, making the sexual assau lt 451
681681 counselors' personal identifying and location information 452
682682 readily available. The release of this information has led to 453
683683 sexual assault counselors becoming targets of harassment, 454
684684 threats, or retaliation from individuals connected to the cases 455
685685 on which the sexual assault counselors work. The Legislature 456
686686 finds that the release of such personal identifying and location 457
687687 information could place sexual assault counselors in danger of 458
688688 being stalked or physically or emotionally harmed by a defendant 459
689689 or other individual. Therefore, the Legislature finds that the 460
690690 harm that may result from the release of such personal 461
691691 identifying and location information outweighs any public 462
692692 benefit that may be derived from the disclosure of the 463
693693 information. 464
694694 Section 3. This act shall take effect July 1, 2025. 465