Florida Senate - 2022                                    SB 1420
       
       
        
       By Senator Burgess
       
       
       
       
       
       20-00270A-22                                          20221420__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing an exemption from public
    4         records requirements for the personal identifying and
    5         location information of current and former county
    6         attorneys, assistant county attorneys, city attorneys,
    7         and assistant city attorneys, and the names and
    8         personal identifying and location information of the
    9         spouses and children of such attorneys; providing
   10         applicability; providing for retroactive application;
   11         providing for future legislative review and repeal;
   12         providing a statement of public necessity; providing
   13         an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (d) of subsection (4) of section
   18  119.071, Florida Statutes, is amended to read:
   19         119.071 General exemptions from inspection or copying of
   20  public records.—
   21         (4) AGENCY PERSONNEL INFORMATION.—
   22         (d)1. For purposes of this paragraph, the term:
   23         a. “Home addresses” means the dwelling location at which an
   24  individual resides and includes the physical address, mailing
   25  address, street address, parcel identification number, plot
   26  identification number, legal property description, neighborhood
   27  name and lot number, GPS coordinates, and any other descriptive
   28  property information that may reveal the home address.
   29         b. “Telephone numbers” includes home telephone numbers,
   30  personal cellular telephone numbers, personal pager telephone
   31  numbers, and telephone numbers associated with personal
   32  communications devices.
   33         2.a. The home addresses, telephone numbers, dates of birth,
   34  and photographs of active or former sworn law enforcement
   35  personnel or of active or former civilian personnel employed by
   36  a law enforcement agency, including correctional and
   37  correctional probation officers, personnel of the Department of
   38  Children and Families whose duties include the investigation of
   39  abuse, neglect, exploitation, fraud, theft, or other criminal
   40  activities, personnel of the Department of Health whose duties
   41  are to support the investigation of child abuse or neglect, and
   42  personnel of the Department of Revenue or local governments
   43  whose responsibilities include revenue collection and
   44  enforcement or child support enforcement; the names, home
   45  addresses, telephone numbers, photographs, dates of birth, and
   46  places of employment of the spouses and children of such
   47  personnel; and the names and locations of schools and day care
   48  facilities attended by the children of such personnel are exempt
   49  from s. 119.07(1) and s. 24(a), Art. I of the State
   50  Constitution.
   51         b. The home addresses, telephone numbers, dates of birth,
   52  and photographs of current or former nonsworn investigative
   53  personnel of the Department of Financial Services whose duties
   54  include the investigation of fraud, theft, workers’ compensation
   55  coverage requirements and compliance, other related criminal
   56  activities, or state regulatory requirement violations; the
   57  names, home addresses, telephone numbers, dates of birth, and
   58  places of employment of the spouses and children of such
   59  personnel; and the names and locations of schools and day care
   60  facilities attended by the children of such personnel are exempt
   61  from s. 119.07(1) and s. 24(a), Art. I of the State
   62  Constitution.
   63         c. The home addresses, telephone numbers, dates of birth,
   64  and photographs of current or former nonsworn investigative
   65  personnel of the Office of Financial Regulation’s Bureau of
   66  Financial Investigations whose duties include the investigation
   67  of fraud, theft, other related criminal activities, or state
   68  regulatory requirement violations; the names, home addresses,
   69  telephone numbers, dates of birth, and places of employment of
   70  the spouses and children of such personnel; and the names and
   71  locations of schools and day care facilities attended by the
   72  children of such personnel are exempt from s. 119.07(1) and s.
   73  24(a), Art. I of the State Constitution.
   74         d. The home addresses, telephone numbers, dates of birth,
   75  and photographs of current or former firefighters certified in
   76  compliance with s. 633.408; the names, home addresses, telephone
   77  numbers, photographs, dates of birth, and places of employment
   78  of the spouses and children of such firefighters; and the names
   79  and locations of schools and day care facilities attended by the
   80  children of such firefighters are exempt from s. 119.07(1) and
   81  s. 24(a), Art. I of the State Constitution.
   82         e. The home addresses, dates of birth, and telephone
   83  numbers of current or former justices of the Supreme Court,
   84  district court of appeal judges, circuit court judges, and
   85  county court judges; the names, home addresses, telephone
   86  numbers, dates of birth, and places of employment of the spouses
   87  and children of current or former justices and judges; and the
   88  names and locations of schools and day care facilities attended
   89  by the children of current or former justices and judges are
   90  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   91  Constitution.
   92         f. The home addresses, telephone numbers, dates of birth,
   93  and photographs of current or former state attorneys, assistant
   94  state attorneys, statewide prosecutors, or assistant statewide
   95  prosecutors; the names, home addresses, telephone numbers,
   96  photographs, dates of birth, and places of employment of the
   97  spouses and children of current or former state attorneys,
   98  assistant state attorneys, statewide prosecutors, or assistant
   99  statewide prosecutors; and the names and locations of schools
  100  and day care facilities attended by the children of current or
  101  former state attorneys, assistant state attorneys, statewide
  102  prosecutors, or assistant statewide prosecutors are exempt from
  103  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  104         g. The home addresses, dates of birth, and telephone
  105  numbers of general magistrates, special magistrates, judges of
  106  compensation claims, administrative law judges of the Division
  107  of Administrative Hearings, and child support enforcement
  108  hearing officers; the names, home addresses, telephone numbers,
  109  dates of birth, and places of employment of the spouses and
  110  children of general magistrates, special magistrates, judges of
  111  compensation claims, administrative law judges of the Division
  112  of Administrative Hearings, and child support enforcement
  113  hearing officers; and the names and locations of schools and day
  114  care facilities attended by the children of general magistrates,
  115  special magistrates, judges of compensation claims,
  116  administrative law judges of the Division of Administrative
  117  Hearings, and child support enforcement hearing officers are
  118  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  119  Constitution.
  120         h. The home addresses, telephone numbers, dates of birth,
  121  and photographs of current or former human resource, labor
  122  relations, or employee relations directors, assistant directors,
  123  managers, or assistant managers of any local government agency
  124  or water management district whose duties include hiring and
  125  firing employees, labor contract negotiation, administration, or
  126  other personnel-related duties; the names, home addresses,
  127  telephone numbers, dates of birth, and places of employment of
  128  the spouses and children of such personnel; and the names and
  129  locations of schools and day care facilities attended by the
  130  children of such personnel are exempt from s. 119.07(1) and s.
  131  24(a), Art. I of the State Constitution.
  132         i. The home addresses, telephone numbers, dates of birth,
  133  and photographs of current or former code enforcement officers;
  134  the names, home addresses, telephone numbers, dates of birth,
  135  and places of employment of the spouses and children of such
  136  personnel; and the names and locations of schools and day care
  137  facilities attended by the children of such personnel are exempt
  138  from s. 119.07(1) and s. 24(a), Art. I of the State
  139  Constitution.
  140         j. The home addresses, telephone numbers, places of
  141  employment, dates of birth, and photographs of current or former
  142  guardians ad litem, as defined in s. 39.820; the names, home
  143  addresses, telephone numbers, dates of birth, and places of
  144  employment of the spouses and children of such persons; and the
  145  names and locations of schools and day care facilities attended
  146  by the children of such persons are exempt from s. 119.07(1) and
  147  s. 24(a), Art. I of the State Constitution.
  148         k. The home addresses, telephone numbers, dates of birth,
  149  and photographs of current or former juvenile probation
  150  officers, juvenile probation supervisors, detention
  151  superintendents, assistant detention superintendents, juvenile
  152  justice detention officers I and II, juvenile justice detention
  153  officer supervisors, juvenile justice residential officers,
  154  juvenile justice residential officer supervisors I and II,
  155  juvenile justice counselors, juvenile justice counselor
  156  supervisors, human services counselor administrators, senior
  157  human services counselor administrators, rehabilitation
  158  therapists, and social services counselors of the Department of
  159  Juvenile Justice; the names, home addresses, telephone numbers,
  160  dates of birth, and places of employment of spouses and children
  161  of such personnel; and the names and locations of schools and
  162  day care facilities attended by the children of such personnel
  163  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  164  Constitution.
  165         l. The home addresses, telephone numbers, dates of birth,
  166  and photographs of current or former public defenders, assistant
  167  public defenders, criminal conflict and civil regional counsel,
  168  and assistant criminal conflict and civil regional counsel; the
  169  names, home addresses, telephone numbers, dates of birth, and
  170  places of employment of the spouses and children of current or
  171  former public defenders, assistant public defenders, criminal
  172  conflict and civil regional counsel, and assistant criminal
  173  conflict and civil regional counsel; and the names and locations
  174  of schools and day care facilities attended by the children of
  175  current or former public defenders, assistant public defenders,
  176  criminal conflict and civil regional counsel, and assistant
  177  criminal conflict and civil regional counsel are exempt from s.
  178  119.07(1) and s. 24(a), Art. I of the State Constitution.
  179         m. The home addresses, telephone numbers, dates of birth,
  180  and photographs of current or former investigators or inspectors
  181  of the Department of Business and Professional Regulation; the
  182  names, home addresses, telephone numbers, dates of birth, and
  183  places of employment of the spouses and children of such current
  184  or former investigators and inspectors; and the names and
  185  locations of schools and day care facilities attended by the
  186  children of such current or former investigators and inspectors
  187  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  188  Constitution.
  189         n. The home addresses, telephone numbers, and dates of
  190  birth of county tax collectors; the names, home addresses,
  191  telephone numbers, dates of birth, and places of employment of
  192  the spouses and children of such tax collectors; and the names
  193  and locations of schools and day care facilities attended by the
  194  children of such tax collectors are exempt from s. 119.07(1) and
  195  s. 24(a), Art. I of the State Constitution.
  196         o. The home addresses, telephone numbers, dates of birth,
  197  and photographs of current or former personnel of the Department
  198  of Health whose duties include, or result in, the determination
  199  or adjudication of eligibility for social security disability
  200  benefits, the investigation or prosecution of complaints filed
  201  against health care practitioners, or the inspection of health
  202  care practitioners or health care facilities licensed by the
  203  Department of Health; the names, home addresses, telephone
  204  numbers, dates of birth, and places of employment of the spouses
  205  and children of such personnel; and the names and locations of
  206  schools and day care facilities attended by the children of such
  207  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  208  the State Constitution.
  209         p. The home addresses, telephone numbers, dates of birth,
  210  and photographs of current or former impaired practitioner
  211  consultants who are retained by an agency or current or former
  212  employees of an impaired practitioner consultant whose duties
  213  result in a determination of a person’s skill and safety to
  214  practice a licensed profession; the names, home addresses,
  215  telephone numbers, dates of birth, and places of employment of
  216  the spouses and children of such consultants or their employees;
  217  and the names and locations of schools and day care facilities
  218  attended by the children of such consultants or employees are
  219  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  220  Constitution.
  221         q. The home addresses, telephone numbers, dates of birth,
  222  and photographs of current or former emergency medical
  223  technicians or paramedics certified under chapter 401; the
  224  names, home addresses, telephone numbers, dates of birth, and
  225  places of employment of the spouses and children of such
  226  emergency medical technicians or paramedics; and the names and
  227  locations of schools and day care facilities attended by the
  228  children of such emergency medical technicians or paramedics are
  229  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  230  Constitution.
  231         r. The home addresses, telephone numbers, dates of birth,
  232  and photographs of current or former personnel employed in an
  233  agency’s office of inspector general or internal audit
  234  department whose duties include auditing or investigating waste,
  235  fraud, abuse, theft, exploitation, or other activities that
  236  could lead to criminal prosecution or administrative discipline;
  237  the names, home addresses, telephone numbers, dates of birth,
  238  and places of employment of spouses and children of such
  239  personnel; and the names and locations of schools and day care
  240  facilities attended by the children of such personnel are exempt
  241  from s. 119.07(1) and s. 24(a), Art. I of the State
  242  Constitution.
  243         s. The home addresses, telephone numbers, dates of birth,
  244  and photographs of current or former directors, managers,
  245  supervisors, nurses, and clinical employees of an addiction
  246  treatment facility; the home addresses, telephone numbers,
  247  photographs, dates of birth, and places of employment of the
  248  spouses and children of such personnel; and the names and
  249  locations of schools and day care facilities attended by the
  250  children of such personnel are exempt from s. 119.07(1) and s.
  251  24(a), Art. I of the State Constitution. For purposes of this
  252  sub-subparagraph, the term “addiction treatment facility” means
  253  a county government, or agency thereof, that is licensed
  254  pursuant to s. 397.401 and provides substance abuse prevention,
  255  intervention, or clinical treatment, including any licensed
  256  service component described in s. 397.311(26).
  257         t. The home addresses, telephone numbers, dates of birth,
  258  and photographs of current or former directors, managers,
  259  supervisors, and clinical employees of a child advocacy center
  260  that meets the standards of s. 39.3035(2) and fulfills the
  261  screening requirement of s. 39.3035(3), and the members of a
  262  Child Protection Team as described in s. 39.303 whose duties
  263  include supporting the investigation of child abuse or sexual
  264  abuse, child abandonment, child neglect, and child exploitation
  265  or to provide services as part of a multidisciplinary case
  266  review team; the names, home addresses, telephone numbers,
  267  photographs, dates of birth, and places of employment of the
  268  spouses and children of such personnel and members; and the
  269  names and locations of schools and day care facilities attended
  270  by the children of such personnel and members are exempt from s.
  271  119.07(1) and s. 24(a), Art. I of the State Constitution.
  272         u. The home addresses, telephone numbers, places of
  273  employment, dates of birth, and photographs of current or former
  274  staff and domestic violence advocates, as defined in s.
  275  90.5036(1)(b), of domestic violence centers certified by the
  276  Department of Children and Families under chapter 39; the names,
  277  home addresses, telephone numbers, places of employment, dates
  278  of birth, and photographs of the spouses and children of such
  279  personnel; and the names and locations of schools and day care
  280  facilities attended by the children of such personnel are exempt
  281  from s. 119.07(1) and s. 24(a), Art. I of the State
  282  Constitution.
  283         v.The home addresses, telephone numbers, dates of birth,
  284  and photographs of current or former county attorneys, assistant
  285  county attorneys, city attorneys, and assistant city attorneys;
  286  the names, home addresses, telephone numbers, dates of birth,
  287  photographs, and places of employment of the spouses and
  288  children of current or former county attorneys, assistant county
  289  attorneys, city attorneys, and assistant city attorneys; and the
  290  names and locations of schools and day care facilities attended
  291  by the children of current or former county attorneys, assistant
  292  county attorneys, city attorneys, and assistant city attorneys
  293  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  294  Constitution. This exemption does not apply to a current or
  295  former county attorney, assistant county attorney, city
  296  attorney, or assistant city attorney who qualifies as a
  297  candidate for election to public office.
  298         3. An agency that is the custodian of the information
  299  specified in subparagraph 2. and that is not the employer of the
  300  officer, employee, justice, judge, or other person specified in
  301  subparagraph 2. must maintain the exempt status of that
  302  information only if the officer, employee, justice, judge, other
  303  person, or employing agency of the designated employee submits a
  304  written and notarized request for maintenance of the exemption
  305  to the custodial agency. The request must state under oath the
  306  statutory basis for the individual’s exemption request and
  307  confirm the individual’s status as a party eligible for exempt
  308  status.
  309         4.a. A county property appraiser, as defined in s.
  310  192.001(3), or a county tax collector, as defined in s.
  311  192.001(4), who receives a written and notarized request for
  312  maintenance of the exemption pursuant to subparagraph 3. must
  313  comply by removing the name of the individual with exempt status
  314  and the instrument number or Official Records book and page
  315  number identifying the property with the exempt status from all
  316  publicly available records maintained by the property appraiser
  317  or tax collector. For written requests received on or before
  318  July 1, 2021, a county property appraiser or county tax
  319  collector must comply with this sub-subparagraph by October 1,
  320  2021. A county property appraiser or county tax collector may
  321  not remove the street address, legal description, or other
  322  information identifying real property within the agency’s
  323  records so long as a name or personal information otherwise
  324  exempt from inspection and copying pursuant to this section are
  325  not associated with the property or otherwise displayed in the
  326  public records of the agency.
  327         b. Any information restricted from public display,
  328  inspection, or copying under sub-subparagraph a. must be
  329  provided to the individual whose information was removed.
  330         5. An officer, an employee, a justice, a judge, or other
  331  person specified in subparagraph 2. may submit a written request
  332  for the release of his or her exempt information to the
  333  custodial agency. The written request must be notarized and must
  334  specify the information to be released and the party authorized
  335  to receive the information. Upon receipt of the written request,
  336  the custodial agency must release the specified information to
  337  the party authorized to receive such information.
  338         6. The exemptions in this paragraph apply to information
  339  held by an agency before, on, or after the effective date of the
  340  exemption.
  341         7. Information made exempt under this paragraph may be
  342  disclosed pursuant to s. 28.2221 to a title insurer authorized
  343  pursuant to s. 624.401 and its affiliates as defined in s.
  344  624.10; a title insurance agent or title insurance agency as
  345  defined in s. 626.841(1) or (2), respectively; or an attorney
  346  duly admitted to practice law in this state and in good standing
  347  with The Florida Bar.
  348         8. The exempt status of a home address contained in the
  349  Official Records is maintained only during the period when a
  350  protected party resides at the dwelling location. Upon
  351  conveyance of real property after October 1, 2021, and when such
  352  real property no longer constitutes a protected party’s home
  353  address as defined in sub-subparagraph 1.a., the protected party
  354  must submit a written request to release the removed information
  355  to the county recorder. The written request to release the
  356  removed information must be notarized, must confirm that a
  357  protected party’s request for release is pursuant to a
  358  conveyance of his or her dwelling location, and must specify the
  359  Official Records book and page, instrument number, or clerk’s
  360  file number for each document containing the information to be
  361  released.
  362         9. Upon the death of a protected party as verified by a
  363  certified copy of a death certificate or court order, any party
  364  can request the county recorder to release a protected
  365  decedent’s removed information unless there is a related request
  366  on file with the county recorder for continued removal of the
  367  decedent’s information or unless such removal is otherwise
  368  prohibited by statute or by court order. The written request to
  369  release the removed information upon the death of a protected
  370  party must attach the certified copy of a death certificate or
  371  court order and must be notarized, must confirm the request for
  372  release is due to the death of a protected party, and must
  373  specify the Official Records book and page number, instrument
  374  number, or clerk’s file number for each document containing the
  375  information to be released. A fee may not be charged for the
  376  release of any document pursuant to such request.
  377         10. This paragraph is subject to the Open Government Sunset
  378  Review Act in accordance with s. 119.15 and shall stand repealed
  379  on October 2, 2024, unless reviewed and saved from repeal
  380  through reenactment by the Legislature.
  381         Section 2. The Legislature finds that it is a public
  382  necessity that the home addresses, telephone numbers, dates of
  383  birth, and photographs of current or former county attorneys,
  384  assistant county attorneys, city attorneys, and assistant city
  385  attorneys be made exempt from s. 119.07(1), Florida Statutes,
  386  and s. 24(a), Article I of the State Constitution. The
  387  Legislature further finds that it is a public necessity that the
  388  names, home addresses, telephone numbers, dates of birth,
  389  photographs, and places of employment of the spouses and
  390  children of current or former county attorneys, assistant county
  391  attorneys, city attorneys, and assistant city attorneys, and the
  392  names and locations of schools and day care facilities attended
  393  by the children of such attorneys, be made exempt from s.
  394  119.07(1), Florida Statutes, and s. 24(a), Article I of the
  395  State Constitution. The responsibilities of county attorneys,
  396  assistant county attorneys, city attorneys, and assistant city
  397  attorneys regularly involve legal enforcement proceedings in
  398  areas of neglect and abuse related to violations of codes and
  399  ordinances. Legal enforcement proceedings have led to
  400  retribution and threats by defendants and other persons on
  401  numerous occasions. Such attorneys have received death threats
  402  and e-mails from disgruntled persons advocating the murder of
  403  other attorneys. Other incidents have included the stalking of
  404  such attorneys and their spouses and children. The Legislature
  405  finds that the release of such personal identifying and location
  406  information could place such persons in danger of being
  407  physically or emotionally harmed or stalked by a defendant or
  408  another person. The Legislature finds that the harm that may
  409  result from the release of such personal identifying and
  410  location information outweighs any public benefit that may be
  411  derived from the disclosure of the information.
  412         Section 3. This act shall take effect July 1, 2022.