Florida Senate - 2022                             CS for SB 1420
       
       
        
       By the Committee on Community Affairs; and Senator Burgess
       
       
       
       
       
       578-02649-22                                          20221420c1
    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, deputy county attorneys, assistant county
    7         attorneys, city attorneys, deputy city attorneys, and
    8         assistant city attorneys, and the names and personal
    9         identifying and location information of the spouses
   10         and children of such attorneys; providing
   11         applicability; providing for retroactive application;
   12         providing for future legislative review and repeal;
   13         providing a statement of public necessity; providing
   14         an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (d) of subsection (4) of section
   19  119.071, Florida Statutes, is amended to read:
   20         119.071 General exemptions from inspection or copying of
   21  public records.—
   22         (4) AGENCY PERSONNEL INFORMATION.—
   23         (d)1. For purposes of this paragraph, the term:
   24         a. “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         b. “Telephone numbers” includes home telephone numbers,
   31  personal cellular telephone numbers, personal pager telephone
   32  numbers, and telephone numbers associated with personal
   33  communications devices.
   34         2.a. The home addresses, telephone numbers, dates of birth,
   35  and photographs of active or former sworn law enforcement
   36  personnel or of active or former civilian personnel employed by
   37  a law enforcement agency, including correctional and
   38  correctional probation officers, personnel of the Department of
   39  Children and Families whose duties include the investigation of
   40  abuse, neglect, exploitation, fraud, theft, or other criminal
   41  activities, personnel of the Department of Health whose duties
   42  are to support the investigation of child abuse or neglect, and
   43  personnel of the Department of Revenue or local governments
   44  whose responsibilities include revenue collection and
   45  enforcement or child support enforcement; the names, home
   46  addresses, telephone numbers, photographs, dates of birth, and
   47  places of employment of the spouses and children of such
   48  personnel; and the names and locations of schools and day care
   49  facilities attended by the children of such personnel are exempt
   50  from s. 119.07(1) and s. 24(a), Art. I of the State
   51  Constitution.
   52         b. The home addresses, telephone numbers, dates of birth,
   53  and photographs of current or former nonsworn investigative
   54  personnel of the Department of Financial Services whose duties
   55  include the investigation of fraud, theft, workers’ compensation
   56  coverage requirements and compliance, other related criminal
   57  activities, or state regulatory requirement violations; the
   58  names, home addresses, telephone numbers, dates of birth, and
   59  places of employment of the spouses and children of such
   60  personnel; and the names and locations of schools and day care
   61  facilities attended by the children of such personnel are exempt
   62  from s. 119.07(1) and s. 24(a), Art. I of the State
   63  Constitution.
   64         c. The home addresses, telephone numbers, dates of birth,
   65  and photographs of current or former nonsworn investigative
   66  personnel of the Office of Financial Regulation’s Bureau of
   67  Financial Investigations whose duties include the investigation
   68  of fraud, theft, other related criminal activities, or state
   69  regulatory requirement violations; the names, home addresses,
   70  telephone numbers, dates of birth, and places of employment of
   71  the spouses and children of such personnel; and the names and
   72  locations of schools and day care facilities attended by the
   73  children of such personnel are exempt from s. 119.07(1) and s.
   74  24(a), Art. I of the State Constitution.
   75         d. The home addresses, telephone numbers, dates of birth,
   76  and photographs of current or former firefighters certified in
   77  compliance with s. 633.408; the names, home addresses, telephone
   78  numbers, photographs, dates of birth, and places of employment
   79  of the spouses and children of such firefighters; and the names
   80  and locations of schools and day care facilities attended by the
   81  children of such firefighters are exempt from s. 119.07(1) and
   82  s. 24(a), Art. I of the State Constitution.
   83         e. The home addresses, dates of birth, and telephone
   84  numbers of current or former justices of the Supreme Court,
   85  district court of appeal judges, circuit court judges, and
   86  county court judges; the names, home addresses, telephone
   87  numbers, dates of birth, and places of employment of the spouses
   88  and children of current or former justices and judges; and the
   89  names and locations of schools and day care facilities attended
   90  by the children of current or former justices and judges are
   91  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   92  Constitution.
   93         f. The home addresses, telephone numbers, dates of birth,
   94  and photographs of current or former state attorneys, assistant
   95  state attorneys, statewide prosecutors, or assistant statewide
   96  prosecutors; the names, home addresses, telephone numbers,
   97  photographs, dates of birth, and places of employment of the
   98  spouses and children of current or former state attorneys,
   99  assistant state attorneys, statewide prosecutors, or assistant
  100  statewide prosecutors; and the names and locations of schools
  101  and day care facilities attended by the children of current or
  102  former state attorneys, assistant state attorneys, statewide
  103  prosecutors, or assistant statewide prosecutors are exempt from
  104  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  105         g. The home addresses, dates of birth, and telephone
  106  numbers of general magistrates, special magistrates, judges of
  107  compensation claims, administrative law judges of the Division
  108  of Administrative Hearings, and child support enforcement
  109  hearing officers; the names, home addresses, telephone numbers,
  110  dates of birth, and places of employment of the spouses and
  111  children of general magistrates, special magistrates, judges of
  112  compensation claims, administrative law judges of the Division
  113  of Administrative Hearings, and child support enforcement
  114  hearing officers; and the names and locations of schools and day
  115  care facilities attended by the children of general magistrates,
  116  special magistrates, judges of compensation claims,
  117  administrative law judges of the Division of Administrative
  118  Hearings, and child support enforcement hearing officers are
  119  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  120  Constitution.
  121         h. The home addresses, telephone numbers, dates of birth,
  122  and photographs of current or former human resource, labor
  123  relations, or employee relations directors, assistant directors,
  124  managers, or assistant managers of any local government agency
  125  or water management district whose duties include hiring and
  126  firing employees, labor contract negotiation, administration, or
  127  other personnel-related duties; the names, home addresses,
  128  telephone numbers, dates of birth, and places of employment of
  129  the spouses and children of such personnel; and the names and
  130  locations of schools and day care facilities attended by the
  131  children of such personnel are exempt from s. 119.07(1) and s.
  132  24(a), Art. I of the State Constitution.
  133         i. The home addresses, telephone numbers, dates of birth,
  134  and photographs of current or former code enforcement officers;
  135  the names, home addresses, telephone numbers, dates of birth,
  136  and places of employment of the spouses and children of such
  137  personnel; and the names and locations of schools and day care
  138  facilities attended by the children of such personnel are exempt
  139  from s. 119.07(1) and s. 24(a), Art. I of the State
  140  Constitution.
  141         j. The home addresses, telephone numbers, places of
  142  employment, dates of birth, and photographs of current or former
  143  guardians ad litem, as defined in s. 39.820; the names, home
  144  addresses, telephone numbers, dates of birth, and places of
  145  employment of the spouses and children of such persons; and the
  146  names and locations of schools and day care facilities attended
  147  by the children of such persons are exempt from s. 119.07(1) and
  148  s. 24(a), Art. I of the State Constitution.
  149         k. The home addresses, telephone numbers, dates of birth,
  150  and photographs of current or former juvenile probation
  151  officers, juvenile probation supervisors, detention
  152  superintendents, assistant detention superintendents, juvenile
  153  justice detention officers I and II, juvenile justice detention
  154  officer supervisors, juvenile justice residential officers,
  155  juvenile justice residential officer supervisors I and II,
  156  juvenile justice counselors, juvenile justice counselor
  157  supervisors, human services counselor administrators, senior
  158  human services counselor administrators, rehabilitation
  159  therapists, and social services counselors of the Department of
  160  Juvenile Justice; the names, home addresses, telephone numbers,
  161  dates of birth, and places of employment of spouses and children
  162  of such personnel; and the names and locations of schools and
  163  day care facilities attended by the children of such personnel
  164  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  165  Constitution.
  166         l. The home addresses, telephone numbers, dates of birth,
  167  and photographs of current or former public defenders, assistant
  168  public defenders, criminal conflict and civil regional counsel,
  169  and assistant criminal conflict and civil regional counsel; the
  170  names, home addresses, telephone numbers, dates of birth, and
  171  places of employment of the spouses and children of current or
  172  former public defenders, assistant public defenders, criminal
  173  conflict and civil regional counsel, and assistant criminal
  174  conflict and civil regional counsel; and the names and locations
  175  of schools and day care facilities attended by the children of
  176  current or former public defenders, assistant public defenders,
  177  criminal conflict and civil regional counsel, and assistant
  178  criminal conflict and civil regional counsel are exempt from s.
  179  119.07(1) and s. 24(a), Art. I of the State Constitution.
  180         m. The home addresses, telephone numbers, dates of birth,
  181  and photographs of current or former investigators or inspectors
  182  of the Department of Business and Professional Regulation; the
  183  names, home addresses, telephone numbers, dates of birth, and
  184  places of employment of the spouses and children of such current
  185  or former investigators and inspectors; and the names and
  186  locations of schools and day care facilities attended by the
  187  children of such current or former investigators and inspectors
  188  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  189  Constitution.
  190         n. The home addresses, telephone numbers, and dates of
  191  birth of county tax collectors; the names, home addresses,
  192  telephone numbers, dates of birth, and places of employment of
  193  the spouses and children of such tax collectors; and the names
  194  and locations of schools and day care facilities attended by the
  195  children of such tax collectors are exempt from s. 119.07(1) and
  196  s. 24(a), Art. I of the State Constitution.
  197         o. The home addresses, telephone numbers, dates of birth,
  198  and photographs of current or former personnel of the Department
  199  of Health whose duties include, or result in, the determination
  200  or adjudication of eligibility for social security disability
  201  benefits, the investigation or prosecution of complaints filed
  202  against health care practitioners, or the inspection of health
  203  care practitioners or health care facilities licensed by the
  204  Department of Health; the names, home addresses, telephone
  205  numbers, dates of birth, and places of employment of the spouses
  206  and children of such personnel; and the names and locations of
  207  schools and day care facilities attended by the children of such
  208  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  209  the State Constitution.
  210         p. The home addresses, telephone numbers, dates of birth,
  211  and photographs of current or former impaired practitioner
  212  consultants who are retained by an agency or current or former
  213  employees of an impaired practitioner consultant whose duties
  214  result in a determination of a person’s skill and safety to
  215  practice a licensed profession; the names, home addresses,
  216  telephone numbers, dates of birth, and places of employment of
  217  the spouses and children of such consultants or their employees;
  218  and the names and locations of schools and day care facilities
  219  attended by the children of such consultants or employees are
  220  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  221  Constitution.
  222         q. The home addresses, telephone numbers, dates of birth,
  223  and photographs of current or former emergency medical
  224  technicians or paramedics certified under chapter 401; the
  225  names, home addresses, telephone numbers, dates of birth, and
  226  places of employment of the spouses and children of such
  227  emergency medical technicians or paramedics; and the names and
  228  locations of schools and day care facilities attended by the
  229  children of such emergency medical technicians or paramedics are
  230  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  231  Constitution.
  232         r. The home addresses, telephone numbers, dates of birth,
  233  and photographs of current or former personnel employed in an
  234  agency’s office of inspector general or internal audit
  235  department whose duties include auditing or investigating waste,
  236  fraud, abuse, theft, exploitation, or other activities that
  237  could lead to criminal prosecution or administrative discipline;
  238  the names, home addresses, telephone numbers, dates of birth,
  239  and places of employment of spouses and children of such
  240  personnel; and the names and locations of schools and day care
  241  facilities attended by the children of such personnel are exempt
  242  from s. 119.07(1) and s. 24(a), Art. I of the State
  243  Constitution.
  244         s. The home addresses, telephone numbers, dates of birth,
  245  and photographs of current or former directors, managers,
  246  supervisors, nurses, and clinical employees of an addiction
  247  treatment facility; the home addresses, telephone numbers,
  248  photographs, dates of birth, and places of employment of the
  249  spouses and children of such personnel; and the names and
  250  locations of schools and day care facilities attended by the
  251  children of such personnel are exempt from s. 119.07(1) and s.
  252  24(a), Art. I of the State Constitution. For purposes of this
  253  sub-subparagraph, the term “addiction treatment facility” means
  254  a county government, or agency thereof, that is licensed
  255  pursuant to s. 397.401 and provides substance abuse prevention,
  256  intervention, or clinical treatment, including any licensed
  257  service component described in s. 397.311(26).
  258         t. The home addresses, telephone numbers, dates of birth,
  259  and photographs of current or former directors, managers,
  260  supervisors, and clinical employees of a child advocacy center
  261  that meets the standards of s. 39.3035(2) and fulfills the
  262  screening requirement of s. 39.3035(3), and the members of a
  263  Child Protection Team as described in s. 39.303 whose duties
  264  include supporting the investigation of child abuse or sexual
  265  abuse, child abandonment, child neglect, and child exploitation
  266  or to provide services as part of a multidisciplinary case
  267  review team; the names, home addresses, telephone numbers,
  268  photographs, dates of birth, and places of employment of the
  269  spouses and children of such personnel and members; and the
  270  names and locations of schools and day care facilities attended
  271  by the children of such personnel and members are exempt from s.
  272  119.07(1) and s. 24(a), Art. I of the State Constitution.
  273         u. The home addresses, telephone numbers, places of
  274  employment, dates of birth, and photographs of current or former
  275  staff and domestic violence advocates, as defined in s.
  276  90.5036(1)(b), of domestic violence centers certified by the
  277  Department of Children and Families under chapter 39; the names,
  278  home addresses, telephone numbers, places of employment, dates
  279  of birth, and photographs of the spouses and children of such
  280  personnel; and the names and locations of schools and day care
  281  facilities attended by the children of such personnel are exempt
  282  from s. 119.07(1) and s. 24(a), Art. I of the State
  283  Constitution.
  284         v.The home addresses, telephone numbers, and dates of
  285  birth of current or former county attorneys, deputy county
  286  attorneys, assistant county attorneys, city attorneys, deputy
  287  city attorneys, and assistant city attorneys; the names, home
  288  addresses, telephone numbers, dates of birth, and places of
  289  employment of the spouses and children of current or former
  290  county attorneys, deputy county attorneys, assistant county
  291  attorneys, city attorneys, deputy city attorneys, and assistant
  292  city attorneys; and the names and locations of schools and day
  293  care facilities attended by the children of current or former
  294  county attorneys, deputy county attorneys, assistant county
  295  attorneys, city attorneys, deputy city attorneys, and assistant
  296  city attorneys are exempt from s. 119.07(1) and s. 24(a), Art. I
  297  of the State Constitution. This exemption does not apply to a
  298  current or former county attorney, deputy county attorney,
  299  assistant county attorney, city attorney, deputy city attorney,
  300  or assistant city attorney who qualifies as a candidate for
  301  election to public office.
  302         3. An agency that is the custodian of the information
  303  specified in subparagraph 2. and that is not the employer of the
  304  officer, employee, justice, judge, or other person specified in
  305  subparagraph 2. must maintain the exempt status of that
  306  information only if the officer, employee, justice, judge, other
  307  person, or employing agency of the designated employee submits a
  308  written and notarized request for maintenance of the exemption
  309  to the custodial agency. The request must state under oath the
  310  statutory basis for the individual’s exemption request and
  311  confirm the individual’s status as a party eligible for exempt
  312  status.
  313         4.a. A county property appraiser, as defined in s.
  314  192.001(3), or a county tax collector, as defined in s.
  315  192.001(4), who receives a written and notarized request for
  316  maintenance of the exemption pursuant to subparagraph 3. must
  317  comply by removing the name of the individual with exempt status
  318  and the instrument number or Official Records book and page
  319  number identifying the property with the exempt status from all
  320  publicly available records maintained by the property appraiser
  321  or tax collector. For written requests received on or before
  322  July 1, 2021, a county property appraiser or county tax
  323  collector must comply with this sub-subparagraph by October 1,
  324  2021. A county property appraiser or county tax collector may
  325  not remove the street address, legal description, or other
  326  information identifying real property within the agency’s
  327  records so long as a name or personal information otherwise
  328  exempt from inspection and copying pursuant to this section are
  329  not associated with the property or otherwise displayed in the
  330  public records of the agency.
  331         b. Any information restricted from public display,
  332  inspection, or copying under sub-subparagraph a. must be
  333  provided to the individual whose information was removed.
  334         5. An officer, an employee, a justice, a judge, or other
  335  person specified in subparagraph 2. may submit a written request
  336  for the release of his or her exempt information to the
  337  custodial agency. The written request must be notarized and must
  338  specify the information to be released and the party authorized
  339  to receive the information. Upon receipt of the written request,
  340  the custodial agency must release the specified information to
  341  the party authorized to receive such information.
  342         6. The exemptions in this paragraph apply to information
  343  held by an agency before, on, or after the effective date of the
  344  exemption.
  345         7. Information made exempt under this paragraph may be
  346  disclosed pursuant to s. 28.2221 to a title insurer authorized
  347  pursuant to s. 624.401 and its affiliates as defined in s.
  348  624.10; a title insurance agent or title insurance agency as
  349  defined in s. 626.841(1) or (2), respectively; or an attorney
  350  duly admitted to practice law in this state and in good standing
  351  with The Florida Bar.
  352         8. The exempt status of a home address contained in the
  353  Official Records is maintained only during the period when a
  354  protected party resides at the dwelling location. Upon
  355  conveyance of real property after October 1, 2021, and when such
  356  real property no longer constitutes a protected party’s home
  357  address as defined in sub-subparagraph 1.a., the protected party
  358  must submit a written request to release the removed information
  359  to the county recorder. The written request to release the
  360  removed information must be notarized, must confirm that a
  361  protected party’s request for release is pursuant to a
  362  conveyance of his or her dwelling location, and must specify the
  363  Official Records book and page, instrument number, or clerk’s
  364  file number for each document containing the information to be
  365  released.
  366         9. Upon the death of a protected party as verified by a
  367  certified copy of a death certificate or court order, any party
  368  can request the county recorder to release a protected
  369  decedent’s removed information unless there is a related request
  370  on file with the county recorder for continued removal of the
  371  decedent’s information or unless such removal is otherwise
  372  prohibited by statute or by court order. The written request to
  373  release the removed information upon the death of a protected
  374  party must attach the certified copy of a death certificate or
  375  court order and must be notarized, must confirm the request for
  376  release is due to the death of a protected party, and must
  377  specify the Official Records book and page number, instrument
  378  number, or clerk’s file number for each document containing the
  379  information to be released. A fee may not be charged for the
  380  release of any document pursuant to such request.
  381         10. This paragraph is subject to the Open Government Sunset
  382  Review Act in accordance with s. 119.15 and shall stand repealed
  383  on October 2, 2024, unless reviewed and saved from repeal
  384  through reenactment by the Legislature.
  385         Section 2. The Legislature finds that it is a public
  386  necessity that the home addresses, telephone numbers, and dates
  387  of birth of current or former county attorneys, deputy county
  388  attorneys, assistant county attorneys, city attorneys, deputy
  389  city attorneys, and assistant city attorneys be made exempt from
  390  s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
  391  State Constitution. The Legislature further finds that it is a
  392  public necessity that the names, home addresses, telephone
  393  numbers, dates of birth, and places of employment of the spouses
  394  and children of current or former county attorneys, deputy
  395  county attorneys, assistant county attorneys, city attorneys,
  396  deputy city attorneys, and assistant city attorneys, and the
  397  names and locations of schools and day care facilities attended
  398  by the children of such attorneys, be made exempt from s.
  399  119.07(1), Florida Statutes, and s. 24(a), Article I of the
  400  State Constitution. The responsibilities of county attorneys,
  401  deputy county attorneys, assistant county attorneys, city
  402  attorneys, deputy city attorneys, and assistant city attorneys
  403  regularly involve legal enforcement proceedings in areas of
  404  neglect and abuse related to violations of codes and ordinances.
  405  Legal enforcement proceedings have led to retribution and
  406  threats by defendants and other persons on numerous occasions.
  407  Such attorneys have received death threats and e-mails from
  408  disgruntled persons advocating the murder of other attorneys.
  409  Other incidents have included the stalking of such attorneys and
  410  their spouses and children. The Legislature finds that the
  411  release of such personal identifying and location information
  412  could place such persons in danger of being physically or
  413  emotionally harmed or stalked by a defendant or another person.
  414  The Legislature finds that the harm that may result from the
  415  release of such personal identifying and location information
  416  outweighs any public benefit that may be derived from the
  417  disclosure of the information.
  418         Section 3. This act shall take effect July 1, 2022.