The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/SB 710
INTRODUCER: Criminal Justice Committee and Senator Osgood
SUBJECT: Public Records/Crime Stoppers Organizations
DATE: April 7, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Wyant Stokes CJ Fav/CS
2. McVaney McVaney GO Favorable
3. Wyant Yeatman RC Pre-meeting
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 710 exempts from public records copying and inspection requirements certain identifying
and location information of current or former employees, board members and volunteers, and
their spouses and children, of crime stoppers organizations.
1
The bill exempts from public disclosure the following information:
• The home addresses, telephone numbers, dates of birth, and photographs of current or former
employees, board members, and volunteers of crime stoppers organizations;
• The names, home addresses, telephone numbers, dates of birth, and places of employment of
the spouses and children of the employees, board members, and volunteers;
• The names and locations of schools and day care facilities attended by the children of the
employees, board members, and volunteers.
This exemption applies to information held by an agency before, on, or after July 1, 2025, and is
repealed on October 2, 2030, unless reenacted by the Legislature.
The bill provides a statement of public necessity as required by the State Constitution.
1
“Crime stoppers organization” means a private not-for-profit organization that collects and expends donations for rewards
to persons who report to the organization information concerning criminal activity, and forwards that information to
appropriate law enforcement agencies. Section 16.557(1)(a), F.S.
REVISED: BILL: CS/SB 710 Page 2
The bill creates a new public records exemption and, therefore, requires a two-thirds vote of the
members present and voting in each house of the Legislature for final passage.
The bill is not expected to affect state and local government revenues and expenditures.
The bill takes effect July 1, 2025.
II. Present Situation:
Access to Public Records - Generally
The Florida Constitution provides that the public has the right to inspect or copy records made or
received in connection with official governmental business.
2
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.
3
Additional requirements and exemptions related to public records are found in various statutes
and rules, depending on the branch of government involved. For instance, s. 11.0431, F.S.,
provides public access requirements for legislative records. Relevant exemptions are codified in
s. 11.0431(2)-(3), F.S., and adopted in the rules of each house of the legislature.
4
Florida Rule of
Judicial Administration 2.420 governs public access to judicial branch records.
5
Lastly,
ch. 119, F.S., known as the Public Records Act, provides requirements for public records held by
executive branch and local government agencies.
Executive Agency Records – The Public Records Act
The Public Records Act provides that all state, county, and municipal records are open for
personal inspection and copying by any person, and that providing access to public records is a
duty of each agency.
6
Section 119.011(12), F.S., defines “public records” to include:
[a]ll documents, papers, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material, regardless of
the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connections with the transaction
of official business by any agency.
2
FLA. CONST. art. I, s. 24(a).
3
Id.
4
See Rule 1.48, Rules and Manual of the Florida Senate, (2022-2024) and Rule 14.1, Rules of the Florida House of
Representatives, Edition 1, (2022-2024).
5
State v. Wooten, 260 So. 3d 1060 (Fla. 4
th
DCA 2018).
6
Section 119.01(1), F.S. Section 119.011(2), F.S., defines “agency” as “any state, county, district, authority, or municipal
officer, department, division, board, bureau, commission, or other separate unit of government created or established by law
including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of
Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf
of any public agency.” BILL: CS/SB 710 Page 3
The Florida Supreme Court has interpreted this definition to encompass all materials made or
received by an agency in connection with official business that are used to “perpetuate,
communicate, or formalize knowledge of some type.”
7
The Florida Statutes specify conditions under which public access to governmental records must
be provided. The Public Records Act guarantees every person’s right to inspect and copy any
public record at any reasonable time, under reasonable conditions, and under supervision by the
custodian of the public record.
8
A violation of the Public Records Act may result in civil or
criminal liability.
9
The Legislature may exempt public records from public access requirements by passing a
general law by a two-thirds vote of both the House and the Senate.
10
The exemption must state
with specificity the public necessity justifying the exemption and must be no broader than
necessary to accomplish the stated purpose of the exemption.
11
General exemptions from the public records requirements are contained in the Public Records
Act.
12
Specific exemptions often are placed in the substantive statutes relating to a particular
agency or program.
13
When creating a public records exemption, the Legislature may provide that a record is “exempt”
or “confidential and exempt.” There is a difference between records the Legislature has
determined to be exempt from the Public Records Act and those which the Legislature has
determined to be exempt from the Public Records Act and confidential.
14
Records designated as
“confidential and exempt” are not subject to inspection by the public and may only be released
under the circumstances defined by statute.
15
Records designated as “exempt” may be released at
the discretion of the records custodian under certain circumstances.
16
Public Records Exemptions for Specified Personnel and their Families (s. 119.071(4), F.S.)
Section 119.071(4), F.S., exempts from public record disclosure the personal information of
specific government employees when held by government agencies. In paragraph (d), “home
addresses” is defined as the dwelling location at which an individual resides and includes the
7
Shevin v. Byron, Harless, Schaffer, Reid and Assoc., Inc., 379 So. 2d 633, 640 (Fla. 1980).
8
Section 119.07(1)(a), F.S.
9
Section 119.10, F.S. Public records laws are found throughout the Florida Statutes, as are the penalties for violating those
laws.
10
FLA. CONST. art. I, s. 24(c).
11
Id. See, e.g., Halifax Hosp. Medical Center v. News-Journal Corp., 724 So. 2d 567 (Fla. 1999) (holding that a public
meetings exemption was unconstitutional because the statement of public necessity did not define important terms and did
not justify the breadth of the exemption); Baker County Press, Inc. v. Baker County Medical Services, Inc., 870 So. 2d 189
(Fla. 1st DCA 2004) (holding that a statutory provision written to bring another party within an existing public records
exemption is unconstitutional without a public necessity statement).
12
See, e.g., s. 119.071(1)(a), F.S. (exempting from public disclosure examination questions and answer sheets of
examinations administered by a governmental agency for the purpose of licensure).
13
See, e.g., s. 213.053(2)(a), F.S. (exempting from public disclosure information contained in tax returns received by the
Department of Revenue).
14
WFTV, Inc. v. The Sch. Bd. of Seminole County, 874 So. 2d 48, 53 (Fla. 5
th
DCA 2004).
15
Id.
16
Williams v. City of Minneola, 575 So. 2d 683 (Fla. 5th DCA 1991). BILL: CS/SB 710 Page 4
physical address, mailing address, street address, parcel identification number, plot identification
number, legal property description, neighborhood name and lot number, GPS coordinates, and
any other descriptive property information that may reveal the home address. Additionally,
“telephone numbers” is defined to include home telephone numbers, personal cellular telephone
numbers, personal pager telephone numbers, and telephone numbers associated with personal
communications devices.
Section 119.071(4)(d)2., F.S., generally exempts from public disclosure the home addresses,
dates of birth, photographs, and telephone numbers of specified public employees and their
spouses and children. Additionally exempted, typically, are the spouse’s place of work as well as
the name and location of any schools or day care facilities of the public employee’s children, if
any. These public employees include, but are not limited to, sworn law enforcement personnel
and active or former civilian personnel employed by a law enforcement agency;
17
current or
former justices of the Supreme Court, district court of appeal judges, circuit court judges, and
county court judges;
18
current or former state attorneys;
19
current or former public defenders;
20
county tax collectors;
21
and clerks of a circuit court.
22
Records that include exempt information about the above-specified personnel and their spouses
and children (minor or adult) may be held by, among others, their employing agency, clerks of
court and comptrollers, county tax collectors and property appraisers, school districts, and law
enforcement agencies. County property appraisers
23
and county tax collectors
24
holding
exempted information need only remove the name of an individual with exempt status and the
instrument number or Official Records book and page number identifying the property with the
exemption status from all publicly available records. County property appraisers and county tax
collectors may not remove the street address, legal description, or other information identifying
real property so long as the name or personal information otherwise exempt is not associated
with the property or otherwise displayed in the public records.
25
The personnel, their spouses or children, or their employing agency claiming an exemption under
s. 119.071(4)(d)2., F.S., must affirmatively assert the right to the exemption by submitting a
written and notarized request to each non-employer agency that holds the employee’s or their
spouse or child’s information. The individual or entity asserting the exemption must provide,
under oath, the statutory basis for the individual’s exemption and confirm the individual’s status
as a party eligible for exempt status.
26
17
Section 119.071(4)(d)2.a., F.S. This would presumably include elected law enforcement officers such as sheriffs.
18
Section 119.071(4)(d)2.e., F.S.
19
Section 119.071(4)(d)2.f., F.S.
20
Section 119.071(4)(d)2.l., F.S.
21
Section 119.071(4)(d)2.n., F.S.
22
Section 119.071(4)(d)2.y., F.S. Circuit court clerks’ exemption from public records under this statute is set to repeal on
October 2, 2029, unless saved by the Legislature.
23
See s. 192.001(3), F.S.
24
See s. 192.001(4), F.S.
25
Section 119.071(4)(d)4., F.S.
26
Section 119.071(4)(d)3., F.S. BILL: CS/SB 710 Page 5
These exemptions under s. 119.071(4)(d)2., F.S., have retroactive application, applying to
information held by an agency before, on, or after the effective date of the exemption.
27
Home
addresses, however, are no longer exempt in the Official Records if the protected party no longer
resides at the dwelling
28
or upon his or her death.
29
Open Government Sunset Review Act
The provisions of s. 119.15, F.S., known as the Open Government Sunset Review Act
30
(the act),
prescribe a legislative review process for newly created or substantially amended
31
public
records or open meetings exemptions, with specified exceptions.
32
The act requires the repeal of
such exemption on October 2nd of the fifth year after creation or substantial amendment; in
order to save an exemption from repeal, the Legislature must reenact the exemption or repeal the
sunset date.
33
In practice, many exemptions are continued by repealing the sunset date, rather
than reenacting the exemption.
The Act provides that a public records or open meetings exemption may be created or
maintained only if it serves an identifiable public purpose and is no broader than is necessary.
34
An exemption serves an identifiable purpose if the Legislature finds that the purpose of the
exemption outweighs open government policy and cannot be accomplished without the
exemption and it meets one of the following purposes:
• It allows the state or its political subdivisions to effectively and efficiently administer a
program, and administration would be significantly impaired without the exemption;
35
• It protects sensitive, personal information, the release of which would be defamatory, cause
unwarranted damage to the good name or reputation of the individual, or would jeopardize
the individual’s safety. If this public purpose is cited as the basis of an exemption, however,
only personal identifying information is exempt;
36
or
• It protects information of a confidential nature concerning entities, such as trade or business
secrets.
37
The Act also requires specified questions to be considered during the review process.
38
In
examining an exemption, the Act directs the Legislature to question the purpose and necessity of
reenacting the exemption.
27
Section 119.071(4)(d)6., F.S.
28
The protected individual must submit a notarized, written request to release the removed information. Section
119.071(4)(d)8., F.S.
29
A certified copy of a death certificate or court order must be presented with a notarized request to release the information
to remove the exemption. Section 119.071(4)(d)9., F.S. Note, the Clerk is also called the “county recorder.” See s. 28.222(2),
F.S.
30
Section 119.15, F.S.
31
An exemption is considered to be substantially amended if it is expanded to include more records or information or to
include meetings as well as records. Section 119.15(4)(b), F.S.
32
Section 119.15(2)(a) and (b), F.S., provides that exemptions required by federal law or applicable solely to the Legislature
or the State Court System are not subject to the Open Government Sunset Review Act.
33
Section 119.15(3), F.S.
34
Section 119.15(6)(b), F.S.
35
Section 119.15(6)(b)1., F.S.
36
Section 119.15(6)(b)2., F.S.
37
Section 119.15(6)(b)3., F.S.
38
Section 119.15(6)(a), F.S. The specified questions are: BILL: CS/SB 710 Page 6
If the exemption is continued and expanded, then a public necessity statement and a two-thirds
vote for passage are again required.
39
If the exemption is continued without substantive changes
or if the exemption is continued and narrowed, then a public necessity statement and a two-thirds
vote for passage are not required. If the Legislature allows an exemption to expire, the previously
exempt records will remain exempt unless otherwise provided by law.
40
Crime Stoppers
Crime Stoppers programs are non-profit organizations led by citizens against crime, founded on
the concept that someone other than the criminal has information that can help solve a crime.
These programs offer anonymity to anyone who can provide information about crimes and
subsequently pay rewards when such information leads to the felony arrest of criminals and
fugitives.
41
The idea of providing a reward to someone with information about a crime originated in
Albuquerque, New Mexico, when a detective was tasked with solving a homicide with no leads.
He thought to make a video re-enactment of the murder and guarantee anonymity for anyone
who was willing to call with information about the crime. After receiving calls following the re-
enactment, one of which allowed police to solve a different crime, the detective persuaded the
Albuquerque Police Department to permit citizens to establish the first Crime Stoppers
program.
42
The Florida Association of Crime Stoppers (FACS) is a statewide umbrella organization
operated by a volunteer board of directors from the 27 Crime Stopper programs throughout the
state of Florida. The aim of FACS is to help establish local programs, and provide ongoing
training, advocacy and mentoring to established programs and new programs alike.
43
Local citizens are responsible for forming local Crime Stopper programs. Civilian-based boards
of directors generally oversee the program, establishing policies and providing direction as to the
financial and promotional activities of the program.
• What specific records or meetings are affected by the exemption?
• Whom does the exemption uniquely affect, as opposed to the general public?
• What is the identifiable public purpose or goal of the exemption?
• Can the information contained in the records or discussed in the meeting be readily obtained by alternative means?
If so, how?
• Is the record or meeting protected by another exemption?
• Are there multiple exemptions for the same type of record or meeting that it would be appropriate to merge?
39
See generally s. 119.15, F.S.
40
Section 119.15(7), F.S.
41
Crime Stoppers USA, About CSUSA, https://www.crimestoppersusa.org/profile/ (last visited March 29, 2025).
42
Florida Association of Crime Stoppers, Our History, https://facsflorida.org/who-we-are/our-history/ (last visited March 29,
2025).
43
Florida Association of Crime Stoppers, Who We Are?, https://facsflorida.org/#pg-8-4 (last visited March 29, 2025). BILL: CS/SB 710 Page 7
III. Effect of Proposed Changes:
The bill exempts from public records copying and inspection requirements certain identifying
and location information of current or former employees, board members and volunteers, and
their spouses and children, of crime stoppers organizations.
The bill exempts from public disclosure the following information:
• The home addresses, telephone numbers, dates of birth, and photographs of current or former
employees, board members, and volunteers of crime stoppers organizations;
• The names, home addresses, telephone numbers, dates of birth, and places of employment of
the spouses and children of the employees, board members, and volunteers;
• The names and locations of schools and day care facilities attended by the children of the
employees, board members, and volunteers.
Pursuant to s. 119.071(4)(d)6., F.S., this new exemption will apply to information held by an
agency before, on, and after the effective date of the exemption (July 1, 2025, in this instance).
Consistent with s. 119.15, F.S., the new exemptions will expire on October 2, 2030, unless
reviewed and saved from repeal by the Legislature.
Additionally, the bill provides a statement of public necessity as required by the State
Constitution. The public necessity statement provides that the release of certain personal
identifying and location information may jeopardize the safety of the employees, board
members, volunteers of crime stoppers organizations, and their family members.
The bill takes effect July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Not applicable. The bill does not require counties or municipalities to take an action
requiring the expenditure of funds, reduce the authority that counties or municipalities
have to raise revenue in the aggregate, nor reduce the percentage of state tax shared with
counties or municipalities.
B. Public Records/Open Meetings Issues:
Vote Requirement
Article I, s. 24(c) of the State Constitution requires a two-thirds vote of the members
present and voting for final passage of a bill creating or expanding an exemption to the
public records requirements. This bill enacts a new exemption for records pertaining to
employees, board members, and volunteers of crime stopper organizations; therefore, the
bill requires a two-thirds vote of each chamber for enactment.
BILL: CS/SB 710 Page 8
Public Necessity Statement
Article I, s. 24(c) of the State Constitution requires a bill creating or expanding an
exemption to the public records requirements to state with specificity the public necessity
justifying the exemption. Section 2 of the bill contains a statement of public necessity for
the exemption.
Breadth of Exemption
Article I, s. 24(c), of the State Constitution requires an exemption to the public records
requirements to be no broader than necessary to accomplish the stated purpose of the law.
The purpose of the law is to protect employees, board members, and volunteers of crime
stopper organizations and their family members, and the bill exempts only records
pertaining to those persons from the public records requirements. The purpose of the
exemption is to protect those persons that forward tips on criminal activities and pay
rewards. It is unclear how a board member of a nonprofit or a volunteer of such entity
would be involved in such actions. Thus, the inclusion of these persons and their families
may be result in the exemption being overly broad (or the public necessity for such
exemption may not be justified).
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The private sector will be subject to the cost associated with an agency’s review and
redactions of exempt records in response to a public records request.
C. Government Sector Impact:
This bill may cause a minimal increase in workload on agencies holding records that
contain the exempt information of current or former employees, board members and
volunteers, and their spouses and children, of crime stoppers organizations because staff BILL: CS/SB 710 Page 9
responsible for complying with public record requests may require training related to the
new public record exemption.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 119.071 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Criminal Justice on March 11, 2025:
The committee substitute:
• Expands the public record exemption to include former employees of crime stoppers
organizations.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.