STORAGE NAME: h0623a.IAS
DATE: 3/6/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 623
TITLE: Pub. Rec./County and City Administrators and
Managers
SPONSOR(S): Gerwig, Cassel
COMPANION BILL: SB 842 (Arrington)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Intergovernmental Affairs
15 Y, 0 N
Government Operations
State Affairs
SUMMARY
Effect of the Bill:
The bill creates a public records exemption for certain personal identifying and location information for county
administrators and city managers, including deputy and assistant county administrators and city managers, and for
the spouses and children of these officials.
The bill specifies that the public records exemption is subject to the Open Government Sunset Review Act and shall
be repealed on October 2, 2030, unless reenacted by the Legislature.
Fiscal or Economic Impact:
The bill may have an indeterminate insignificant fiscal impact on state and local government agencies holding
records that contain personal identifying and location information of current county administrators, deputy county
administrators, assistant county administrators, city managers, deputy city managers, assistant city managers and
their spouses and children.
Extraordinary Vote Required for Passage:
The bill requires a two-thirds vote of the members present and voting in both houses of the Legislature for final
passage.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill creates a public records exemption for certain personal identifying and location information for county
administrators, deputy county administrators, assistant county administrators, city managers, deputy city
managers, assistant city managers, and the spouses and children of these officials. Specifically, the bill exempts the
public disclosure of:
the home addresses, telephone numbers, and dates of birth for county administrators, deputy county
administrators, assistant county administrators, city managers, deputy city managers, assistant city
managers;
the names, home addresses, telephone numbers, dates of birth, photographs, and places of employment of
the spouses and children of county administrators, deputy county administrators, assistant county
administrators, city managers, deputy city managers, assistant city managers; and
the names and locations of schools and day care facilities attended by the children of county
administrators, deputy county administrators, assistant county administrators, city managers, deputy city
managers, assistant city managers. (Section 1)
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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The bill provides that the exemption is subject to the Open Government Sunset Review Act and will be repealed on
October 2, 2030, unless reviewed and saved from repeal through reenactment by the Legislature. (Section 1)
The bill provides a statement of public necessity as required by the State Constitution. (Section 2)
The bill provides an effective date of July 1, 2025. (Section 3)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate insignificant fiscal impact on state agencies holding records that contain
personal identifying and location information of county administrators, deputy county administrators, assistant
county administrators, city managers, deputy city managers, assistant city managers, and their spouses and
children, 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.
LOCAL GOVERNMENT:
The bill may have an indeterminate insignificant fiscal impact on local governments holding records that contain
personal identifying and location information of county administrators, deputy county administrators, assistant
county administrators, city managers, deputy city managers, assistant city managers, and their spouses and
children, because staff responsible for complying with public record requests may require training related to the
public record exemption. Additionally, local governments could incur costs associated with redacting the exempt
information prior to releasing records. However, these additional costs will likely be absorbed within existing
resources.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Public Records
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.
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
The Legislature may provide by general law an exemption
3 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.
4 Furthermore, the Open Government
Sunset Review (OGSR) Act
5 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
1
Article I, s. 24(a). Fla. Const. See also s. 119.01, F.S.
2
Id.
3
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.
4
Article I, s. 24(c), Fla. Const.
5
S. 119.15, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
override the strong public policy of open government and cannot be accomplished without the exemption.”
6 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, the administration of which would be significantly impaired without the exemption,
Protects sensitive personal information that, if released, would be defamatory or would jeopardize an
individual’s safety, or
Protects trade or business secrets.
7
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.
8
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.
9
County Administrators
A county administrator is an appointee of the board of county commissioners (board) who serves as the chief
administrative officer of the county.
10 The county administrator is responsible for advising the board and does not
hold separate governmental power.
11 County administrators are granted a variety of administrative powers to
carry out, enforce, and report on the board’s directives and policies.
12 In addition, the county administrator
prepares and submits annual operating and capital budgets to the board for consideration and adoption,
establishes budgetary procedures, and submits annual financial reports and recommendations to the board.
13
City Managers
City councils or commissions may appoint a city manager to supervise municipal departments.
14 The city manager
role is analogous to the county administrator role, but at the municipal level. A city manager serves as the city’s
executive officer and is responsible for administering the government of the city,
15 including directing and
supervising municipal departments.
16 City managers also help prepare annual budgets, monitor capital programs
implemented by the city, and make annual financial reports to the city council.
17
6
S. 119.15(6)(b), F.S.
7
Id. at 6
8
S. 119.15(3), F.S.
9
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).
10
S. 125.73(2), F.S.
11
S 125.74(2), F.S.
12
S. 125.74(1), F.S.
13
Id.
14
Florida League of Cities, ABCs of City Government (last visited Mar. 3, 2025).
15
See e.g., City of Deland, City Manager (last visited Mar. 3, 2025).
16
See e.g, City of Tallahassee, Charter Laws of the City of Tallahassee (last visited Mar. 3, 2025).
17
See e.g., Polk City, City Manager Responsibilities (last visited Mar. 3, 2025). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Intergovernmental Affairs
Subcommittee
15 Y, 0 N 3/6/2025 Darden Jones
Government Operations
Subcommittee
State Affairs Committee