Florida Senate - 2025 SB 300 By Senator Rouson 16-00394A-25 2025300__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 119.071, F.S.; defining the term appellate court; 4 providing an exemption from public records 5 requirements for the personal identifying and location 6 information of current appellate court clerks and the 7 spouses and children of such appellate court clerks; 8 providing for future legislative review and repeal of 9 the exemption; providing for retroactive application 10 of the exemption; amending s. 744.21031, F.S.; 11 conforming a cross-reference; providing a statement of 12 public necessity; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1.Paragraph (d) of subsection (4) of section 17 119.071, Florida Statutes, is amended to read: 18 119.071General exemptions from inspection or copying of 19 public records. 20 (4)AGENCY PERSONNEL INFORMATION. 21 (d)1.For purposes of this paragraph, the term: 22 a.Appellate court means the Florida Supreme Court or a 23 district court of appeal. 24 b.Home addresses means the dwelling location at which an 25 individual resides and includes the physical address, mailing 26 address, street address, parcel identification number, plot 27 identification number, legal property description, neighborhood 28 name and lot number, GPS coordinates, and any other descriptive 29 property information that may reveal the home address. 30 c.b.Judicial assistant means a court employee assigned 31 to the following class codes: 8140, 8150, 8310, and 8320. 32 d.c.Telephone numbers includes home telephone numbers, 33 personal cellular telephone numbers, personal pager telephone 34 numbers, and telephone numbers associated with personal 35 communications devices. 36 2.a.The home addresses, telephone numbers, dates of birth, 37 and photographs of active or former sworn law enforcement 38 personnel or of active or former civilian personnel employed by 39 a law enforcement agency, including correctional and 40 correctional probation officers, personnel of the Department of 41 Children and Families whose duties include the investigation of 42 abuse, neglect, exploitation, fraud, theft, or other criminal 43 activities, personnel of the Department of Health whose duties 44 are to support the investigation of child abuse or neglect, and 45 personnel of the Department of Revenue or local governments 46 whose responsibilities include revenue collection and 47 enforcement or child support enforcement; the names, home 48 addresses, telephone numbers, photographs, dates of birth, and 49 places of employment of the spouses and children of such 50 personnel; and the names and locations of schools and day care 51 facilities attended by the children of such personnel are exempt 52 from s. 119.07(1) and s. 24(a), Art. I of the State 53 Constitution. 54 b.The home addresses, telephone numbers, dates of birth, 55 and photographs of current or former nonsworn investigative 56 personnel of the Department of Financial Services whose duties 57 include the investigation of fraud, theft, workers compensation 58 coverage requirements and compliance, other related criminal 59 activities, or state regulatory requirement violations; the 60 names, home addresses, telephone numbers, dates of birth, and 61 places of employment of the spouses and children of such 62 personnel; and the names and locations of schools and day care 63 facilities attended by the children of such personnel are exempt 64 from s. 119.07(1) and s. 24(a), Art. I of the State 65 Constitution. 66 c.The home addresses, telephone numbers, dates of birth, 67 and photographs of current or former nonsworn investigative 68 personnel of the Office of Financial Regulations Bureau of 69 Financial Investigations whose duties include the investigation 70 of fraud, theft, other related criminal activities, or state 71 regulatory requirement violations; the names, home addresses, 72 telephone numbers, dates of birth, and places of employment of 73 the spouses and children of such personnel; and the names and 74 locations of schools and day care facilities attended by the 75 children of such personnel are exempt from s. 119.07(1) and s. 76 24(a), Art. I of the State Constitution. 77 d.The home addresses, telephone numbers, dates of birth, 78 and photographs of current or former firefighters certified in 79 compliance with s. 633.408; the names, home addresses, telephone 80 numbers, photographs, dates of birth, and places of employment 81 of the spouses and children of such firefighters; and the names 82 and locations of schools and day care facilities attended by the 83 children of such firefighters are exempt from s. 119.07(1) and 84 s. 24(a), Art. I of the State Constitution. 85 e.The home addresses, dates of birth, and telephone 86 numbers of current or former justices of the Supreme Court, 87 district court of appeal judges, circuit court judges, and 88 county court judges and current judicial assistants; the names, 89 home addresses, telephone numbers, dates of birth, and places of 90 employment of the spouses and children of current or former 91 justices and judges and current judicial assistants; and the 92 names and locations of schools and day care facilities attended 93 by the children of current or former justices and judges and 94 current judicial assistants are exempt from s. 119.07(1) and s. 95 24(a), Art. I of the State Constitution. This sub-subparagraph 96 is subject to the Open Government Sunset Review Act in 97 accordance with s. 119.15 and shall stand repealed on October 2, 98 2028, unless reviewed and saved from repeal through reenactment 99 by the Legislature. 100 f.The home addresses, telephone numbers, dates of birth, 101 and photographs of current or former state attorneys, assistant 102 state attorneys, statewide prosecutors, or assistant statewide 103 prosecutors; the names, home addresses, telephone numbers, 104 photographs, dates of birth, and places of employment of the 105 spouses and children of current or former state attorneys, 106 assistant state attorneys, statewide prosecutors, or assistant 107 statewide prosecutors; and the names and locations of schools 108 and day care facilities attended by the children of current or 109 former state attorneys, assistant state attorneys, statewide 110 prosecutors, or assistant statewide prosecutors are exempt from 111 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 112 g.The home addresses, dates of birth, and telephone 113 numbers of general magistrates, special magistrates, judges of 114 compensation claims, administrative law judges of the Division 115 of Administrative Hearings, and child support enforcement 116 hearing officers; the names, home addresses, telephone numbers, 117 dates of birth, and places of employment of the spouses and 118 children of general magistrates, special magistrates, judges of 119 compensation claims, administrative law judges of the Division 120 of Administrative Hearings, and child support enforcement 121 hearing officers; and the names and locations of schools and day 122 care facilities attended by the children of general magistrates, 123 special magistrates, judges of compensation claims, 124 administrative law judges of the Division of Administrative 125 Hearings, and child support enforcement hearing officers are 126 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 127 Constitution. 128 h.The home addresses, telephone numbers, dates of birth, 129 and photographs of current or former human resource, labor 130 relations, or employee relations directors, assistant directors, 131 managers, or assistant managers of any local government agency 132 or water management district whose duties include hiring and 133 firing employees, labor contract negotiation, administration, or 134 other personnel-related duties; the names, home addresses, 135 telephone numbers, dates of birth, and places of employment of 136 the spouses and children of such personnel; and the names and 137 locations of schools and day care facilities attended by the 138 children of such personnel are exempt from s. 119.07(1) and s. 139 24(a), Art. I of the State Constitution. 140 i.The home addresses, telephone numbers, dates of birth, 141 and photographs of current or former code enforcement officers; 142 the names, home addresses, telephone numbers, dates of birth, 143 and places of employment of the spouses and children of such 144 personnel; and the names and locations of schools and day care 145 facilities attended by the children of such personnel are exempt 146 from s. 119.07(1) and s. 24(a), Art. I of the State 147 Constitution. 148 j.The home addresses, telephone numbers, places of 149 employment, dates of birth, and photographs of current or former 150 guardians ad litem, as defined in s. 39.01; the names, home 151 addresses, telephone numbers, dates of birth, and places of 152 employment of the spouses and children of such persons; and the 153 names and locations of schools and day care facilities attended 154 by the children of such persons are exempt from s. 119.07(1) and 155 s. 24(a), Art. I of the State Constitution. 156 k.The home addresses, telephone numbers, dates of birth, 157 and photographs of current or former juvenile probation 158 officers, juvenile probation supervisors, detention 159 superintendents, assistant detention superintendents, juvenile 160 justice detention officers I and II, juvenile justice detention 161 officer supervisors, juvenile justice residential officers, 162 juvenile justice residential officer supervisors I and II, 163 juvenile justice counselors, juvenile justice counselor 164 supervisors, human services counselor administrators, senior 165 human services counselor administrators, rehabilitation 166 therapists, and social services counselors of the Department of 167 Juvenile Justice; the names, home addresses, telephone numbers, 168 dates of birth, and places of employment of spouses and children 169 of such personnel; and the names and locations of schools and 170 day care facilities attended by the children of such personnel 171 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 172 Constitution. 173 l.The home addresses, telephone numbers, dates of birth, 174 and photographs of current or former public defenders, assistant 175 public defenders, criminal conflict and civil regional counsel, 176 and assistant criminal conflict and civil regional counsel; the 177 names, home addresses, telephone numbers, dates of birth, and 178 places of employment of the spouses and children of current or 179 former public defenders, assistant public defenders, criminal 180 conflict and civil regional counsel, and assistant criminal 181 conflict and civil regional counsel; and the names and locations 182 of schools and day care facilities attended by the children of 183 current or former public defenders, assistant public defenders, 184 criminal conflict and civil regional counsel, and assistant 185 criminal conflict and civil regional counsel are exempt from s. 186 119.07(1) and s. 24(a), Art. I of the State Constitution. 187 m.The home addresses, telephone numbers, dates of birth, 188 and photographs of current or former investigators or inspectors 189 of the Department of Business and Professional Regulation; the 190 names, home addresses, telephone numbers, dates of birth, and 191 places of employment of the spouses and children of such current 192 or former investigators and inspectors; and the names and 193 locations of schools and day care facilities attended by the 194 children of such current or former investigators and inspectors 195 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 196 Constitution. 197 n.The home addresses, telephone numbers, and dates of 198 birth of county tax collectors; the names, home addresses, 199 telephone numbers, dates of birth, and places of employment of 200 the spouses and children of such tax collectors; and the names 201 and locations of schools and day care facilities attended by the 202 children of such tax collectors are exempt from s. 119.07(1) and 203 s. 24(a), Art. I of the State Constitution. 204 o.The home addresses, telephone numbers, dates of birth, 205 and photographs of current or former personnel of the Department 206 of Health whose duties include, or result in, the determination 207 or adjudication of eligibility for social security disability 208 benefits, the investigation or prosecution of complaints filed 209 against health care practitioners, or the inspection of health 210 care practitioners or health care facilities licensed by the 211 Department of Health; the names, home addresses, telephone 212 numbers, dates of birth, and places of employment of the spouses 213 and children of such personnel; and the names and locations of 214 schools and day care facilities attended by the children of such 215 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 216 the State Constitution. 217 p.The home addresses, telephone numbers, dates of birth, 218 and photographs of current or former impaired practitioner 219 consultants who are retained by an agency or current or former 220 employees of an impaired practitioner consultant whose duties 221 result in a determination of a persons skill and safety to 222 practice a licensed profession; the names, home addresses, 223 telephone numbers, dates of birth, and places of employment of 224 the spouses and children of such consultants or their employees; 225 and the names and locations of schools and day care facilities 226 attended by the children of such consultants or employees are 227 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 228 Constitution. 229 q.The home addresses, telephone numbers, dates of birth, 230 and photographs of current or former emergency medical 231 technicians or paramedics certified under chapter 401; the 232 names, home addresses, telephone numbers, dates of birth, and 233 places of employment of the spouses and children of such 234 emergency medical technicians or paramedics; and the names and 235 locations of schools and day care facilities attended by the 236 children of such emergency medical technicians or paramedics are 237 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 238 Constitution. 239 r.The home addresses, telephone numbers, dates of birth, 240 and photographs of current or former personnel employed in an 241 agencys office of inspector general or internal audit 242 department whose duties include auditing or investigating waste, 243 fraud, abuse, theft, exploitation, or other activities that 244 could lead to criminal prosecution or administrative discipline; 245 the names, home addresses, telephone numbers, dates of birth, 246 and places of employment of spouses and children of such 247 personnel; and the names and locations of schools and day care 248 facilities attended by the children of such personnel are exempt 249 from s. 119.07(1) and s. 24(a), Art. I of the State 250 Constitution. 251 s.The home addresses, telephone numbers, dates of birth, 252 and photographs of current or former directors, managers, 253 supervisors, nurses, and clinical employees of an addiction 254 treatment facility; the home addresses, telephone numbers, 255 photographs, dates of birth, and places of employment of the 256 spouses and children of such personnel; and the names and 257 locations of schools and day care facilities attended by the 258 children of such personnel are exempt from s. 119.07(1) and s. 259 24(a), Art. I of the State Constitution. For purposes of this 260 sub-subparagraph, the term addiction treatment facility means 261 a county government, or agency thereof, that is licensed 262 pursuant to s. 397.401 and provides substance abuse prevention, 263 intervention, or clinical treatment, including any licensed 264 service component described in s. 397.311(27). 265 t.The home addresses, telephone numbers, dates of birth, 266 and photographs of current or former directors, managers, 267 supervisors, and clinical employees of a child advocacy center 268 that meets the standards of s. 39.3035(2) and fulfills the 269 screening requirement of s. 39.3035(3), and the members of a 270 Child Protection Team as described in s. 39.303 whose duties 271 include supporting the investigation of child abuse or sexual 272 abuse, child abandonment, child neglect, and child exploitation 273 or to provide services as part of a multidisciplinary case 274 review team; the names, home addresses, telephone numbers, 275 photographs, dates of birth, and places of employment of the 276 spouses and children of such personnel and members; and the 277 names and locations of schools and day care facilities attended 278 by the children of such personnel and members are exempt from s. 279 119.07(1) and s. 24(a), Art. I of the State Constitution. 280 u.The home addresses, telephone numbers, places of 281 employment, dates of birth, and photographs of current or former 282 staff and domestic violence advocates, as defined in s. 283 90.5036(1)(b), of domestic violence centers certified by the 284 Department of Children and Families under chapter 39; the names, 285 home addresses, telephone numbers, places of employment, dates 286 of birth, and photographs of the spouses and children of such 287 personnel; and the names and locations of schools and day care 288 facilities attended by the children of such personnel are exempt 289 from s. 119.07(1) and s. 24(a), Art. I of the State 290 Constitution. 291 v.The home addresses, telephone numbers, dates of birth, 292 and photographs of current or former inspectors or investigators 293 of the Department of Agriculture and Consumer Services; the 294 names, home addresses, telephone numbers, dates of birth, and 295 places of employment of the spouses and children of current or 296 former inspectors or investigators; and the names and locations 297 of schools and day care facilities attended by the children of 298 current or former inspectors or investigators are exempt from s. 299 119.07(1) and s. 24(a), Art. I of the State Constitution. This 300 sub-subparagraph is subject to the Open Government Sunset Review 301 Act in accordance with s. 119.15 and shall stand repealed on 302 October 2, 2028, unless reviewed and saved from repeal through 303 reenactment by the Legislature. 304 w.The home addresses, telephone numbers, dates of birth, 305 and photographs of current county attorneys, assistant county 306 attorneys, deputy county attorneys, city attorneys, assistant 307 city attorneys, and deputy city attorneys; the names, home 308 addresses, telephone numbers, photographs, dates of birth, and 309 places of employment of the spouses and children of current 310 county attorneys, assistant county attorneys, deputy county 311 attorneys, city attorneys, assistant city attorneys, and deputy 312 city attorneys; and the names and locations of schools and day 313 care facilities attended by the children of current county 314 attorneys, assistant county attorneys, deputy county attorneys, 315 city attorneys, assistant city attorneys, and deputy city 316 attorneys are exempt from s. 119.07(1) and s. 24(a), Art. I of 317 the State Constitution. This exemption does not apply to a 318 county attorney, assistant county attorney, deputy county 319 attorney, city attorney, assistant city attorney, or deputy city 320 attorney who qualifies as a candidate for election to public 321 office. This sub-subparagraph is subject to the Open Government 322 Sunset Review Act in accordance with s. 119.15 and shall stand 323 repealed on October 2, 2029, unless reviewed and saved from 324 repeal through reenactment by the Legislature. 325 x.The home addresses, telephone numbers, dates of birth, 326 and photographs of current or former commissioners of the 327 Florida Gaming Control Commission; the names, home addresses, 328 telephone numbers, dates of birth, photographs, and places of 329 employment of the spouses and children of such current or former 330 commissioners; and the names and locations of schools and day 331 care facilities attended by the children of such current or 332 former commissioners are exempt from s. 119.07(1) and s. 24(a), 333 Art. I of the State Constitution. This sub-subparagraph is 334 subject to the Open Government Sunset Review Act in accordance 335 with s. 119.15 and shall stand repealed on October 2, 2029, 336 unless reviewed and saved from repeal through reenactment by the 337 Legislature. 338 y.The home addresses, telephone numbers, dates of birth, 339 and photographs of current clerks of the appellate and circuit 340 courts court, deputy clerks of the appellate and circuit courts 341 court, and clerk of the appellate and circuit courts court 342 personnel; the names, home addresses, telephone numbers, dates 343 of birth, and places of employment of the spouses and children 344 of current clerks of the appellate and circuit courts court, 345 deputy clerks of the appellate and circuit courts court, and 346 clerk of the appellate and circuit courts court personnel; and 347 the names and locations of schools and day care facilities 348 attended by the children of current clerks of the appellate and 349 circuit courts court, deputy clerks of the appellate and circuit 350 courts court, and clerk of the appellate and circuit courts 351 court personnel are exempt from s. 119.07(1) and s. 24(a), Art. 352 I of the State Constitution. This sub-subparagraph is subject to 353 the Open Government Sunset Review Act in accordance with s. 354 119.15 and shall stand repealed on October 2, 2030 2029, unless 355 reviewed and saved from repeal through reenactment by the 356 Legislature. 357 3.An agency that is the custodian of the information 358 specified in subparagraph 2. and that is not the employer of the 359 officer, employee, justice, judge, or other person specified in 360 subparagraph 2. must maintain the exempt status of that 361 information only if the officer, employee, justice, judge, other 362 person, or employing agency of the designated employee submits a 363 written and notarized request for maintenance of the exemption 364 to the custodial agency. The request must state under oath the 365 statutory basis for the individuals exemption request and 366 confirm the individuals status as a party eligible for exempt 367 status. 368 4.a.A county property appraiser, as defined in s. 369 192.001(3), or a county tax collector, as defined in s. 370 192.001(4), who receives a written and notarized request for 371 maintenance of the exemption pursuant to subparagraph 3. must 372 comply by removing the name of the individual with exempt status 373 and the instrument number or Official Records book and page 374 number identifying the property with the exempt status from all 375 publicly available records maintained by the property appraiser 376 or tax collector. For written requests received on or before 377 July 1, 2021, a county property appraiser or county tax 378 collector must comply with this sub-subparagraph by October 1, 379 2021. A county property appraiser or county tax collector may 380 not remove the street address, legal description, or other 381 information identifying real property within the agencys 382 records so long as a name or personal information otherwise 383 exempt from inspection and copying pursuant to this section is 384 not associated with the property or otherwise displayed in the 385 public records of the agency. 386 b.Any information restricted from public display, 387 inspection, or copying under sub-subparagraph a. must be 388 provided to the individual whose information was removed. 389 5.An officer, an employee, a justice, a judge, or other 390 person specified in subparagraph 2. may submit a written request 391 for the release of his or her exempt information to the 392 custodial agency. The written request must be notarized and must 393 specify the information to be released and the party authorized 394 to receive the information. Upon receipt of the written request, 395 the custodial agency must release the specified information to 396 the party authorized to receive such information. 397 6.The exemptions in this paragraph apply to information 398 held by an agency before, on, or after the effective date of the 399 exemption. 400 7.Information made exempt under this paragraph may be 401 disclosed pursuant to s. 28.2221 to a title insurer authorized 402 pursuant to s. 624.401 and its affiliates as defined in s. 403 624.10; a title insurance agent or title insurance agency as 404 defined in s. 626.841(1) or (2), respectively; or an attorney 405 duly admitted to practice law in this state and in good standing 406 with The Florida Bar. 407 8.The exempt status of a home address contained in the 408 Official Records is maintained only during the period when a 409 protected party resides at the dwelling location. Upon 410 conveyance of real property after October 1, 2021, and when such 411 real property no longer constitutes a protected partys home 412 address as defined in sub-subparagraph 1.b. 1.a., the protected 413 party must submit a written request to release the removed 414 information to the county recorder. The written request to 415 release the removed information must be notarized, must confirm 416 that a protected partys request for release is pursuant to a 417 conveyance of his or her dwelling location, and must specify the 418 Official Records book and page, instrument number, or clerks 419 file number for each document containing the information to be 420 released. 421 9.Upon the death of a protected party as verified by a 422 certified copy of a death certificate or court order, any party 423 can request the county recorder to release a protected 424 decedents removed information unless there is a related request 425 on file with the county recorder for continued removal of the 426 decedents information or unless such removal is otherwise 427 prohibited by statute or by court order. The written request to 428 release the removed information upon the death of a protected 429 party must attach the certified copy of a death certificate or 430 court order and must be notarized, must confirm the request for 431 release is due to the death of a protected party, and must 432 specify the Official Records book and page number, instrument 433 number, or clerks file number for each document containing the 434 information to be released. A fee may not be charged for the 435 release of any document pursuant to such request. 436 Section 2.Paragraph (c) of subsection (1) of section 437 744.21031, Florida Statutes, is amended to read: 438 744.21031Public records exemption. 439 (1)For purposes of this section, the term: 440 (c)Telephone numbers has the same meaning as provided in 441 s. 119.071(4)(d)1.d. s. 119.071(4)(d)1.c. 442 Section 3.The Legislature finds that it is a public 443 necessity that the home addresses, telephone numbers, dates of 444 birth, and photographs of current appellate court clerks; the 445 names, home addresses, telephone numbers, dates of birth, and 446 places of employment of the spouses and children of such 447 appellate court clerks; and the names and locations of schools 448 and day care facilities attended by the children of such 449 appellate court clerks be made exempt from s. 119.07(1), Florida 450 Statutes, and s. 24(a), Article I of the State Constitution. 451 While performing their duties to issue court orders, maintain 452 case dockets, answer telephone calls, respond to correspondence, 453 and interact with visitors to the courthouse, appellate court 454 clerks may incur the ill will of litigants and their associates 455 and families. As a result, current appellate court clerks and 456 their spouses and children may be targets for acts of revenge. 457 If such identifying and location information is released, the 458 safety of current appellate court clerks and their spouses and 459 children could be seriously jeopardized. For this reason, the 460 Legislature finds that it is a public necessity that such 461 information be made exempt from public records requirements. 462 Section 4.This act shall take effect July 1, 2025.