Florida 2025 Regular Session

Florida House Bill H1389 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 447.205, F.S.; exempting from public records 3
1717 requirements written communications developed in 4
1818 preparation for, or preliminary to, the issuance of 5
1919 any order by the Public Employees Relations Commission 6
2020 or its designees; providing for future legislative 7
2121 review and repeal of the exemption; providing a 8
2222 statement of public necessity; amending s. 119.071, 9
2323 F.S.; exempting from public records requirements the 10
2424 personal identifying and location information of the 11
2525 chair, commissioners, and hearing officers of the 12
2626 Public Employees Relations Commission and the personal 13
2727 identifying and location information of spouses and 14
2828 children of such personnel; providing for future 15
2929 legislative review and repeal of the exemption; 16
3030 providing a statement of public necessity; providing a 17
3131 contingent effective date. 18
3232 19
3333 Be It Enacted by the Legislature of the State of Florida: 20
3434 21
3535 Section 1. Subsectio n (10) of section 447.205, Florida 22
3636 Statutes, is amended to read: 23
3737 447.205 Public Employees Relations Commission. — 24
3838 (10) The deliberations of the commission in any proceeding 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 before it are closed and exempt from the provisions of s. 26
5252 286.011. However, any hearing held or oral argument heard by the 27
5353 commission pursuant to chapter 120 or this chapter shall be open 28
5454 to the public. All draft orders and related written 29
5555 communications that are developed in preparation for, or 30
5656 preliminary to, the issuance of any order by the commission or 31
5757 its designees a final written order are confidential and exempt 32
5858 from the provisions of s. 119.07(1). 33
5959 Section 2. The amendment made by this act to s. 34
6060 447.205(10), Florida Statutes, is subject to the Open Government 35
6161 Sunset Review Act in accordance with s. 119.15, Florida 36
6262 Statutes, and shall stand repealed on October 2, 2030, unless 37
6363 reviewed and saved from repeal through reenactment by the 38
6464 Legislature and the text of that subsection shall revert to that 39
6565 in existence on June 30, 2025 , except that any amendments to 40
6666 such text enacted other than by this act shall be preserved and 41
6767 continue to operate to the extent that such amendments are not 42
6868 dependent upon the amendment to the text which expires pursuant 43
6969 to this section. 44
7070 Section 3. The Legislature finds that it is a public 45
7171 necessity that draft orders and related written communications 46
7272 that are developed in preparation for, or preliminary to, the 47
7373 issuance of any order by the Public Employees Relations 48
7474 Commission or its designees be mad e confidential and exempt from 49
7575 s. 119.071(1), Florida Statutes, and s. 24(a), Article I of the 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 State Constitution. The Public Employees Relations Commission, 51
8989 as a quasi-judicial agency, speaks through its written orders 52
9090 based on the law and facts. The comm ission and its hearing 53
9191 officers rely on the confidentiality of draft orders and written 54
9292 communications related to these drafts before they become final 55
9393 and are released to the public. The existing provision in s. 56
9494 447.205(10), Florida Statutes, addresses th is confidentiality 57
9595 and recognizes its importance to the proper functioning of the 58
9696 commission. However, it was adopted in 1977, with the only 59
9797 substantive amendment being made in 1991. To avoid the existing 60
9898 provision from being inadvertently read to allow pu blic access 61
9999 to draft orders or commission deliberations, including 62
100100 preliminary work prepared by commission hearing officers, the 63
101101 Legislature finds that it is a public necessity that the 64
102102 language of the provision providing for confidentiality and 65
103103 exemption of commission deliberations and draft orders be 66
104104 clarified to reflect updates in technology, current practices of 67
105105 the commission related to the use of hearing officers, and 68
106106 modern methods of communication. The confidentiality and 69
107107 exemption of commission del iberations and draft orders are 70
108108 essential to the operation of the commission. Likewise, the 71
109109 confidentiality and exemption of written communications related 72
110110 to draft orders are essential to the operation of the commission 73
111111 given updates in technology, commis sion practice of using 74
112112 hearing officers as designees to prepare draft orders and assist 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
122122
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125125 in preparing final orders, and modern methods of communication. 76
126126 The Legislature further finds that the harm that may result from 77
127127 the release of written communications r elated to draft orders, 78
128128 in light of current technology, practices, and methods of 79
129129 communication, outweighs any public benefit that may be derived 80
130130 from the disclosure of such written communications. 81
131131 Section 4. Paragraph (d) of subsection (4) of section 82
132132 119.071, Florida Statutes, is amended to read: 83
133133 119.071 General exemptions from inspection or copying of 84
134134 public records.— 85
135135 (4) AGENCY PERSONNEL INFORMATION. — 86
136136 (d)1. For purposes of this paragraph, the term: 87
137137 a. "Home addresses" means the dwelling locat ion at which 88
138138 an individual resides and includes the physical address, mailing 89
139139 address, street address, parcel identification number, plot 90
140140 identification number, legal property description, neighborhood 91
141141 name and lot number, GPS coordinates, and any other de scriptive 92
142142 property information that may reveal the home address. 93
143143 b. "Judicial assistant" means a court employee assigned to 94
144144 the following class codes: 8140, 8150, 8310, and 8320. 95
145145 c. "Telephone numbers" includes home telephone numbers, 96
146146 personal cellular telephone numbers, personal pager telephone 97
147147 numbers, and telephone numbers associated with personal 98
148148 communications devices. 99
149149 2.a. The home addresses, telephone numbers, dates of 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
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162162 birth, and photographs of active or former sworn law enforcement 101
163163 personnel or of active or former civilian personnel employed by 102
164164 a law enforcement agency, including correctional and 103
165165 correctional probation officers, personnel of the Department of 104
166166 Children and Families whose duties include the investigation of 105
167167 abuse, neglect, explo itation, fraud, theft, or other criminal 106
168168 activities, personnel of the Department of Health whose duties 107
169169 are to support the investigation of child abuse or neglect, and 108
170170 personnel of the Department of Revenue or local governments 109
171171 whose responsibilities inclu de revenue collection and 110
172172 enforcement or child support enforcement; the names, home 111
173173 addresses, telephone numbers, photographs, dates of birth, and 112
174174 places of employment of the spouses and children of such 113
175175 personnel; and the names and locations of schools an d day care 114
176176 facilities attended by the children of such personnel are exempt 115
177177 from s. 119.07(1) and s. 24(a), Art. I of the State 116
178178 Constitution. 117
179179 b. The home addresses, telephone numbers, dates of birth, 118
180180 and photographs of current or former nonsworn investig ative 119
181181 personnel of the Department of Financial Services whose duties 120
182182 include the investigation of fraud, theft, workers' compensation 121
183183 coverage requirements and compliance, other related criminal 122
184184 activities, or state regulatory requirement violations; the 123
185185 names, home addresses, telephone numbers, dates of birth, and 124
186186 places of employment of the spouses and children of such 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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199199 personnel; and the names and locations of schools and day care 126
200200 facilities attended by the children of such personnel are exempt 127
201201 from s. 119.07(1) and s. 24(a), Art. I of the State 128
202202 Constitution. 129
203203 c. The home addresses, telephone numbers, dates of birth, 130
204204 and photographs of current or former nonsworn investigative 131
205205 personnel of the Office of Financial Regulation's Bureau of 132
206206 Financial Investigat ions whose duties include the investigation 133
207207 of fraud, theft, other related criminal activities, or state 134
208208 regulatory requirement violations; the names, home addresses, 135
209209 telephone numbers, dates of birth, and places of employment of 136
210210 the spouses and children o f such personnel; and the names and 137
211211 locations of schools and day care facilities attended by the 138
212212 children of such personnel are exempt from s. 119.07(1) and s. 139
213213 24(a), Art. I of the State Constitution. 140
214214 d. The home addresses, telephone numbers, dates of bi rth, 141
215215 and photographs of current or former firefighters certified in 142
216216 compliance with s. 633.408; the names, home addresses, telephone 143
217217 numbers, photographs, dates of birth, and places of employment 144
218218 of the spouses and children of such firefighters; and the na mes 145
219219 and locations of schools and day care facilities attended by the 146
220220 children of such firefighters are exempt from s. 119.07(1) and 147
221221 s. 24(a), Art. I of the State Constitution. 148
222222 e. The home addresses, dates of birth, and telephone 149
223223 numbers of current or for mer justices of the Supreme Court, 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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234234
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236236 district court of appeal judges, circuit court judges, and 151
237237 county court judges and current judicial assistants; the names, 152
238238 home addresses, telephone numbers, dates of birth, and places of 153
239239 employment of the spouses and chi ldren of current or former 154
240240 justices and judges and current judicial assistants; and the 155
241241 names and locations of schools and day care facilities attended 156
242242 by the children of current or former justices and judges and 157
243243 current judicial assistants are exempt from s. 119.07(1) and s. 158
244244 24(a), Art. I of the State Constitution. This sub -subparagraph 159
245245 is subject to the Open Government Sunset Review Act in 160
246246 accordance with s. 119.15 and shall stand repealed on October 2, 161
247247 2028, unless reviewed and saved from repeal through reenactment 162
248248 by the Legislature. 163
249249 f. The home addresses, telephone numbers, dates of birth, 164
250250 and photographs of current or former state attorneys, assistant 165
251251 state attorneys, statewide prosecutors, or assistant statewide 166
252252 prosecutors; the names, home addresse s, telephone numbers, 167
253253 photographs, dates of birth, and places of employment of the 168
254254 spouses and children of current or former state attorneys, 169
255255 assistant state attorneys, statewide prosecutors, or assistant 170
256256 statewide prosecutors; and the names and locations of schools 171
257257 and day care facilities attended by the children of current or 172
258258 former state attorneys, assistant state attorneys, statewide 173
259259 prosecutors, or assistant statewide prosecutors are exempt from 174
260260 s. 119.07(1) and s. 24(a), Art. I of the State Constituti on. 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 g. The home addresses, dates of birth, and telephone 176
274274 numbers of general magistrates, special magistrates, judges of 177
275275 compensation claims, administrative law judges of the Division 178
276276 of Administrative Hearings, and child support enforcement 179
277277 hearing officers, and the chair, commissioners, and hearing 180
278278 officers of the Public Employees Relations Commission ; the 181
279279 names, home addresses, telephone numbers, dates of birth, and 182
280280 places of employment of the spouses and children of general 183
281281 magistrates, special magistr ates, judges of compensation claims, 184
282282 administrative law judges of the Division of Administrative 185
283283 Hearings, and child support enforcement hearing officers , and 186
284284 the chair, commissioners, and hearing officers of the Public 187
285285 Employees Relations Commission ; and the names and locations of 188
286286 schools and day care facilities attended by the children of 189
287287 general magistrates, special magistrates, judges of compensation 190
288288 claims, administrative law judges of the Division of 191
289289 Administrative Hearings, and child support enforcem ent hearing 192
290290 officers, and the chair, commissioners, and hearing officers of 193
291291 the Public Employees Relations Commission are exempt from s. 194
292292 119.07(1) and s. 24(a), Art. I of the State Constitution. 195
293293 h. The home addresses, telephone numbers, dates of birth, 196
294294 and photographs of current or former human resource, labor 197
295295 relations, or employee relations directors, assistant directors, 198
296296 managers, or assistant managers of any local government agency 199
297297 or water management district whose duties include hiring and 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 firing employees, labor contract negotiation, administration, or 201
311311 other personnel-related duties; the names, home addresses, 202
312312 telephone numbers, dates of birth, and places of employment of 203
313313 the spouses and children of such personnel; and the names and 204
314314 locations of schools and day care facilities attended by the 205
315315 children of such personnel are exempt from s. 119.07(1) and s. 206
316316 24(a), Art. I of the State Constitution. 207
317317 i. The home addresses, telephone numbers, dates of birth, 208
318318 and photographs of current or former code enfor cement officers; 209
319319 the names, home addresses, telephone numbers, dates of birth, 210
320320 and places of employment of the spouses and children of such 211
321321 personnel; and the names and locations of schools and day care 212
322322 facilities attended by the children of such personnel are exempt 213
323323 from s. 119.07(1) and s. 24(a), Art. I of the State 214
324324 Constitution. 215
325325 j. The home addresses, telephone numbers, places of 216
326326 employment, dates of birth, and photographs of current or former 217
327327 guardians ad litem, as defined in s. 39.01; the names, home 218
328328 addresses, telephone numbers, dates of birth, and places of 219
329329 employment of the spouses and children of such persons; and the 220
330330 names and locations of schools and day care facilities attended 221
331331 by the children of such persons are exempt from s. 119.07(1) and 222
332332 s. 24(a), Art. I of the State Constitution. 223
333333 k. The home addresses, telephone numbers, dates of birth, 224
334334 and photographs of current or former juvenile probation 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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345345
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347347 officers, juvenile probation supervisors, detention 226
348348 superintendents, assistant detention superinte ndents, juvenile 227
349349 justice detention officers I and II, juvenile justice detention 228
350350 officer supervisors, juvenile justice residential officers, 229
351351 juvenile justice residential officer supervisors I and II, 230
352352 juvenile justice counselors, juvenile justice counselor 231
353353 supervisors, human services counselor administrators, senior 232
354354 human services counselor administrators, rehabilitation 233
355355 therapists, and social services counselors of the Department of 234
356356 Juvenile Justice; the names, home addresses, telephone numbers, 235
357357 dates of birth, and places of employment of spouses and children 236
358358 of such personnel; and the names and locations of schools and 237
359359 day care facilities attended by the children of such personnel 238
360360 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 239
361361 Constitution. 240
362362 l. The home addresses, telephone numbers, dates of birth, 241
363363 and photographs of current or former public defenders, assistant 242
364364 public defenders, criminal conflict and civil regional counsel, 243
365365 and assistant criminal conflict and civil regional counsel; the 244
366366 names, home addresses, telephone numbers, dates of birth, and 245
367367 places of employment of the spouses and children of current or 246
368368 former public defenders, assistant public defenders, criminal 247
369369 conflict and civil regional counsel, and assistant criminal 248
370370 conflict and civil regional counsel; and the names and locations 249
371371 of schools and day care facilities attended by the children of 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 current or former public defenders, assistant public defenders, 251
385385 criminal conflict and civil regional counsel, and assistant 252
386386 criminal conflict and civil regional counsel are exempt from s. 253
387387 119.07(1) and s. 24(a), Art. I of the State Constitution. 254
388388 m. The home addresses, telephone numbers, dates of birth, 255
389389 and photographs of current or former investigators or inspectors 256
390390 of the Department of Busi ness and Professional Regulation; the 257
391391 names, home addresses, telephone numbers, dates of birth, and 258
392392 places of employment of the spouses and children of such current 259
393393 or former investigators and inspectors; and the names and 260
394394 locations of schools and day care facilities attended by the 261
395395 children of such current or former investigators and inspectors 262
396396 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 263
397397 Constitution. 264
398398 n. The home addresses, telephone numbers, and dates of 265
399399 birth of county tax collectors ; the names, home addresses, 266
400400 telephone numbers, dates of birth, and places of employment of 267
401401 the spouses and children of such tax collectors; and the names 268
402402 and locations of schools and day care facilities attended by the 269
403403 children of such tax collectors are exempt from s. 119.07(1) and 270
404404 s. 24(a), Art. I of the State Constitution. 271
405405 o. The home addresses, telephone numbers, dates of birth, 272
406406 and photographs of current or former personnel of the Department 273
407407 of Health whose duties include, or result in, the determin ation 274
408408 or adjudication of eligibility for social security disability 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 benefits, the investigation or prosecution of complaints filed 276
422422 against health care practitioners, or the inspection of health 277
423423 care practitioners or health care facilities licensed by the 278
424424 Department of Health; the names, home addresses, telephone 279
425425 numbers, dates of birth, and places of employment of the spouses 280
426426 and children of such personnel; and the names and locations of 281
427427 schools and day care facilities attended by the children of such 282
428428 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 283
429429 the State Constitution. 284
430430 p. The home addresses, telephone numbers, dates of birth, 285
431431 and photographs of current or former impaired practitioner 286
432432 consultants who are retained by an agency or current or former 287
433433 employees of an impaired practitioner consultant whose duties 288
434434 result in a determination of a person's skill and safety to 289
435435 practice a licensed profession; the names, home addresses, 290
436436 telephone numbers, dates of birth, and places of employment of 291
437437 the spouses and children of such consultants or their employees; 292
438438 and the names and locations of schools and day care facilities 293
439439 attended by the children of such consultants or employees are 294
440440 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 295
441441 Constitution. 296
442442 q. The home addresses, telephone numbers, dates of birth, 297
443443 and photographs of current or former emergency medical 298
444444 technicians or paramedics certified under chapter 401; the 299
445445 names, home addresses, telephone numbers, dates of birth, and 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 places of employment of the spouses and children of such 301
459459 emergency medical technicians or paramedics; and the names and 302
460460 locations of schools and day care facilities attended by the 303
461461 children of such emergency medical technicians or paramedics are 304
462462 exempt from s. 119.07(1) an d s. 24(a), Art. I of the State 305
463463 Constitution. 306
464464 r. The home addresses, telephone numbers, dates of birth, 307
465465 and photographs of current or former personnel employed in an 308
466466 agency's office of inspector general or internal audit 309
467467 department whose duties include a uditing or investigating waste, 310
468468 fraud, abuse, theft, exploitation, or other activities that 311
469469 could lead to criminal prosecution or administrative discipline; 312
470470 the names, home addresses, telephone numbers, dates of birth, 313
471471 and places of employment of spouses a nd children of such 314
472472 personnel; and the names and locations of schools and day care 315
473473 facilities attended by the children of such personnel are exempt 316
474474 from s. 119.07(1) and s. 24(a), Art. I of the State 317
475475 Constitution. 318
476476 s. The home addresses, telephone numbers , dates of birth, 319
477477 and photographs of current or former directors, managers, 320
478478 supervisors, nurses, and clinical employees of an addiction 321
479479 treatment facility; the home addresses, telephone numbers, 322
480480 photographs, dates of birth, and places of employment of the 323
481481 spouses and children of such personnel; and the names and 324
482482 locations of schools and day care facilities attended by the 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 children of such personnel are exempt from s. 119.07(1) and s. 326
496496 24(a), Art. I of the State Constitution. For purposes of this 327
497497 sub-subparagraph, the term "addiction treatment facility" means 328
498498 a county government, or agency thereof, that is licensed 329
499499 pursuant to s. 397.401 and provides substance abuse prevention, 330
500500 intervention, or clinical treatment, including any licensed 331
501501 service component descr ibed in s. 397.311(27). 332
502502 t. The home addresses, telephone numbers, dates of birth, 333
503503 and photographs of current or former directors, managers, 334
504504 supervisors, and clinical employees of a child advocacy center 335
505505 that meets the standards of s. 39.3035(2) and fulfi lls the 336
506506 screening requirement of s. 39.3035(3), and the members of a 337
507507 Child Protection Team as described in s. 39.303 whose duties 338
508508 include supporting the investigation of child abuse or sexual 339
509509 abuse, child abandonment, child neglect, and child exploitation 340
510510 or to provide services as part of a multidisciplinary case 341
511511 review team; the names, home addresses, telephone numbers, 342
512512 photographs, dates of birth, and places of employment of the 343
513513 spouses and children of such personnel and members; and the 344
514514 names and locations of schools and day care facilities attended 345
515515 by the children of such personnel and members are exempt from s. 346
516516 119.07(1) and s. 24(a), Art. I of the State Constitution. 347
517517 u. The home addresses, telephone numbers, places of 348
518518 employment, dates of birth, and photographs of current or former 349
519519 staff and domestic violence advocates, as defined in s. 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 90.5036(1)(b), of domestic violence centers certified by the 351
533533 Department of Children and Families under chapter 39; the names, 352
534534 home addresses, telephone numbers, places of employment, dates 353
535535 of birth, and photographs of the spouses and children of such 354
536536 personnel; and the names and locations of schools and day care 355
537537 facilities attended by the children of such personnel are exempt 356
538538 from s. 119.07(1) and s. 24(a), Art. I of th e State 357
539539 Constitution. 358
540540 v. The home addresses, telephone numbers, dates of birth, 359
541541 and photographs of current or former inspectors or investigators 360
542542 of the Department of Agriculture and Consumer Services; the 361
543543 names, home addresses, telephone numbers, dates o f birth, and 362
544544 places of employment of the spouses and children of current or 363
545545 former inspectors or investigators; and the names and locations 364
546546 of schools and day care facilities attended by the children of 365
547547 current or former inspectors or investigators are exe mpt from s. 366
548548 119.07(1) and s. 24(a), Art. I of the State Constitution. This 367
549549 sub-subparagraph is subject to the Open Government Sunset Review 368
550550 Act in accordance with s. 119.15 and shall stand repealed on 369
551551 October 2, 2028, unless reviewed and saved from repeal through 370
552552 reenactment by the Legislature. 371
553553 w. The home addresses, telephone numbers, dates of birth, 372
554554 and photographs of current county attorneys, assistant county 373
555555 attorneys, deputy county attorneys, city attorneys, assistant 374
556556 city attorneys, and deputy city attorneys; the names, home 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 addresses, telephone numbers, photographs, dates of birth, and 376
570570 places of employment of the spouses and children of current 377
571571 county attorneys, assistant county attorneys, deputy county 378
572572 attorneys, city attorneys, assistant city atto rneys, and deputy 379
573573 city attorneys; and the names and locations of schools and day 380
574574 care facilities attended by the children of current county 381
575575 attorneys, assistant county attorneys, deputy county attorneys, 382
576576 city attorneys, assistant city attorneys, and deputy city 383
577577 attorneys are exempt from s. 119.07(1) and s. 24(a), Art. I of 384
578578 the State Constitution. This exemption does not apply to a 385
579579 county attorney, assistant county attorney, deputy county 386
580580 attorney, city attorney, assistant city attorney, or deputy city 387
581581 attorney who qualifies as a candidate for election to public 388
582582 office. This sub-subparagraph is subject to the Open Government 389
583583 Sunset Review Act in accordance with s. 119.15 and shall stand 390
584584 repealed on October 2, 2029, unless reviewed and saved from 391
585585 repeal through reenactment by the Legislature. 392
586586 x. The home addresses, telephone numbers, dates of birth, 393
587587 and photographs of current or former commissioners of the 394
588588 Florida Gaming Control Commission; the names, home addresses, 395
589589 telephone numbers, dates of birth, photogr aphs, and places of 396
590590 employment of the spouses and children of such current or former 397
591591 commissioners; and the names and locations of schools and day 398
592592 care facilities attended by the children of such current or 399
593593 former commissioners are exempt from s. 119.07(1) and s. 24(a), 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 Art. I of the State Constitution. This sub -subparagraph is 401
607607 subject to the Open Government Sunset Review Act in accordance 402
608608 with s. 119.15 and shall stand repealed on October 2, 2029, 403
609609 unless reviewed and saved from repeal through reenactment b y the 404
610610 Legislature. 405
611611 y. The home addresses, telephone numbers, dates of birth, 406
612612 and photographs of current clerks of the circuit court, deputy 407
613613 clerks of the circuit court, and clerk of the circuit court 408
614614 personnel; the names, home addresses, telephone number s, dates 409
615615 of birth, and places of employment of the spouses and children 410
616616 of current clerks of the circuit court, deputy clerks of the 411
617617 circuit court, and clerk of the circuit court personnel; and the 412
618618 names and locations of schools and day care facilities att ended 413
619619 by the children of current clerks of the circuit court, deputy 414
620620 clerks of the circuit court, and clerk of the circuit court 415
621621 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 416
622622 the State Constitution. This sub -subparagraph is subject to the 417
623623 Open Government Sunset Review Act in accordance with s. 119.15 418
624624 and shall stand repealed on October 2, 2029, unless reviewed and 419
625625 saved from repeal through reenactment by the Legislature. 420
626626 3. An agency that is the custodian of the information 421
627627 specified in subparagraph 2. and that is not the employer of the 422
628628 officer, employee, justice, judge, or other person specified in 423
629629 subparagraph 2. must maintain the exempt status of that 424
630630 information only if the officer, employee, justice, judge, other 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 person, or employing agency of the designated employee submits a 426
644644 written and notarized request for maintenance of the exemption 427
645645 to the custodial agency. The request must state under oath the 428
646646 statutory basis for the individual's exemption request and 429
647647 confirm the individual's s tatus as a party eligible for exempt 430
648648 status. 431
649649 4.a. A county property appraiser, as defined in s. 432
650650 192.001(3), or a county tax collector, as defined in s. 433
651651 192.001(4), who receives a written and notarized request for 434
652652 maintenance of the exemption pursuant to subparagraph 3. must 435
653653 comply by removing the name of the individual with exempt status 436
654654 and the instrument number or Official Records book and page 437
655655 number identifying the property with the exempt status from all 438
656656 publicly available records maintained by the p roperty appraiser 439
657657 or tax collector. For written requests received on or before 440
658658 July 1, 2021, a county property appraiser or county tax 441
659659 collector must comply with this sub -subparagraph by October 1, 442
660660 2021. A county property appraiser or county tax collector may 443
661661 not remove the street address, legal description, or other 444
662662 information identifying real property within the agency's 445
663663 records so long as a name or personal information otherwise 446
664664 exempt from inspection and copying pursuant to this section is 447
665665 not associated with the property or otherwise displayed in the 448
666666 public records of the agency. 449
667667 b. Any information restricted from public display, 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 inspection, or copying under sub -subparagraph a. must be 451
681681 provided to the individual whose information was removed. 452
682682 5. An officer, an employee, a justice, a judge, or other 453
683683 person specified in subparagraph 2. may submit a written request 454
684684 for the release of his or her exempt information to the 455
685685 custodial agency. The written request must be notarized and must 456
686686 specify the information to be released and the party authorized 457
687687 to receive the information. Upon receipt of the written request, 458
688688 the custodial agency must release the specified information to 459
689689 the party authorized to receive such information. 460
690690 6. The exemptions in this paragraph apply to information 461
691691 held by an agency before, on, or after the effective date of the 462
692692 exemption. 463
693693 7. Information made exempt under this paragraph may be 464
694694 disclosed pursuant to s. 28.2221 to a title insurer authorized 465
695695 pursuant to s. 624.401 and it s affiliates as defined in s. 466
696696 624.10; a title insurance agent or title insurance agency as 467
697697 defined in s. 626.841(1) or (2), respectively; or an attorney 468
698698 duly admitted to practice law in this state and in good standing 469
699699 with The Florida Bar. 470
700700 8. The exempt status of a home address contained in the 471
701701 Official Records is maintained only during the period when a 472
702702 protected party resides at the dwelling location. Upon 473
703703 conveyance of real property after October 1, 2021, and when such 474
704704 real property no longer constitut es a protected party's home 475
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713713 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
714714
715715
716716
717717 address as defined in sub -subparagraph 1.a., the protected party 476
718718 must submit a written request to release the removed information 477
719719 to the county recorder. The written request to release the 478
720720 removed information must be notarized, must confirm that a 479
721721 protected party's request for release is pursuant to a 480
722722 conveyance of his or her dwelling location, and must specify the 481
723723 Official Records book and page, instrument number, or clerk's 482
724724 file number for each document containing the informati on to be 483
725725 released. 484
726726 9. Upon the death of a protected party as verified by a 485
727727 certified copy of a death certificate or court order, any party 486
728728 can request the county recorder to release a protected 487
729729 decedent's removed information unless there is a related req uest 488
730730 on file with the county recorder for continued removal of the 489
731731 decedent's information or unless such removal is otherwise 490
732732 prohibited by statute or by court order. The written request to 491
733733 release the removed information upon the death of a protected 492
734734 party must attach the certified copy of a death certificate or 493
735735 court order and must be notarized, must confirm the request for 494
736736 release is due to the death of a protected party, and must 495
737737 specify the Official Records book and page number, instrument 496
738738 number, or clerk's file number for each document containing the 497
739739 information to be released. A fee may not be charged for the 498
740740 release of any document pursuant to such request. 499
741741 Section 5. The amendment made by this act to s. 500
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750750 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
751751
752752
753753
754754 119.071(4)(d)2.g., Florida Statutes, is s ubject to the Open 501
755755 Government Sunset Review Act in accordance with s. 119.15, 502
756756 Florida Statutes, and shall stand repealed on October 2, 2030, 503
757757 unless reviewed and saved from repeal through reenactment by the 504
758758 Legislature and the text of that sub -subparagraph shall revert 505
759759 to that in existence on June 30, 2025, except that any 506
760760 amendments to such text enacted other than by this act shall be 507
761761 preserved and continue to operate to the extent that such 508
762762 amendments are not dependent upon the amendment to the text 509
763763 which expires pursuant to this section. 510
764764 Section 6. The Legislature finds that it is a public 511
765765 necessity that the home addresses, dates of birth, and telephone 512
766766 numbers of the chair, commissioners, and hearing officers of the 513
767767 Public Employees Relations Commissi on; the names, home 514
768768 addresses, telephone numbers, dates of birth, and places of 515
769769 employment of the spouses and children of such personnel; and 516
770770 the names and locations of schools and day care facilities 517
771771 attended by the children of such personnel be made exem pt from 518
772772 s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the 519
773773 State Constitution. Such personnel and their families are at a 520
774774 heightened risk of physical and emotional harm from disgruntled 521
775775 individuals who have contentious reactions to actions take n by 522
776776 the commission. In addition, such personnel may be subject to 523
777777 threats or acts of revenge because of the duties they perform. 524
778778 The spouses and children of such personnel are also endangered 525
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787787 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
788788
789789
790790
791791 by individuals who seek to intimidate or harm such personnel. 526
792792 The Legislature finds that the harm that may result from the 527
793793 release of such personal identifying and location information 528
794794 outweighs any public benefit that may be derived from disclosure 529
795795 of the information. 530
796796 Section 7. This act shall take effect o n the same date 531
797797 that HB 1387 or similar legislation takes effect , if such 532
798798 legislation is adopted in the same legislative session or an 533
799799 extension thereof and becomes a law. 534