Florida Senate - 2022 SB 432 By Senator Wright 14-00144-22 2022432__ 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 certain identifying and 5 location information of current and former judicial 6 assistants and their spouses and children; providing 7 for retroactive application of the exemption; 8 providing for future legislative review and repeal of 9 the exemption; providing a statement of public 10 necessity; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Paragraph (d) of subsection (4) of section 15 119.071, Florida Statutes, is amended to read: 16 119.071 General exemptions from inspection or copying of 17 public records.— 18 (4) AGENCY PERSONNEL INFORMATION.— 19 (d)1. For purposes of this paragraph, the term: 20 a. “Home addresses” means the dwelling location at which an 21 individual resides and includes the physical address, mailing 22 address, street address, parcel identification number, plot 23 identification number, legal property description, neighborhood 24 name and lot number, GPS coordinates, and any other descriptive 25 property information that may reveal the home address. 26 b. “Telephone numbers” includes home telephone numbers, 27 personal cellular telephone numbers, personal pager telephone 28 numbers, and telephone numbers associated with personal 29 communications devices. 30 2.a. The home addresses, telephone numbers, dates of birth, 31 and photographs of active or former sworn law enforcement 32 personnel or of active or former civilian personnel employed by 33 a law enforcement agency, including correctional and 34 correctional probation officers, personnel of the Department of 35 Children and Families whose duties include the investigation of 36 abuse, neglect, exploitation, fraud, theft, or other criminal 37 activities, personnel of the Department of Health whose duties 38 are to support the investigation of child abuse or neglect, and 39 personnel of the Department of Revenue or local governments 40 whose responsibilities include revenue collection and 41 enforcement or child support enforcement; the names, home 42 addresses, telephone numbers, photographs, dates of birth, and 43 places of employment of the spouses and children of such 44 personnel; and the names and locations of schools and day care 45 facilities attended by the children of such personnel are exempt 46 from s. 119.07(1) and s. 24(a), Art. I of the State 47 Constitution. 48 b. The home addresses, telephone numbers, dates of birth, 49 and photographs of current or former nonsworn investigative 50 personnel of the Department of Financial Services whose duties 51 include the investigation of fraud, theft, workers’ compensation 52 coverage requirements and compliance, other related criminal 53 activities, or state regulatory requirement violations; the 54 names, home addresses, telephone numbers, dates of birth, and 55 places of employment of the spouses and children of such 56 personnel; and the names and locations of schools and day care 57 facilities attended by the children of such personnel are exempt 58 from s. 119.07(1) and s. 24(a), Art. I of the State 59 Constitution. 60 c. The home addresses, telephone numbers, dates of birth, 61 and photographs of current or former nonsworn investigative 62 personnel of the Office of Financial Regulation’s Bureau of 63 Financial Investigations whose duties include the investigation 64 of fraud, theft, other related criminal activities, or state 65 regulatory requirement violations; the names, home addresses, 66 telephone numbers, dates of birth, and places of employment of 67 the spouses and children of such personnel; and the names and 68 locations of schools and day care facilities attended by the 69 children of such personnel are exempt from s. 119.07(1) and s. 70 24(a), Art. I of the State Constitution. 71 d. The home addresses, telephone numbers, dates of birth, 72 and photographs of current or former firefighters certified in 73 compliance with s. 633.408; the names, home addresses, telephone 74 numbers, photographs, dates of birth, and places of employment 75 of the spouses and children of such firefighters; and the names 76 and locations of schools and day care facilities attended by the 77 children of such firefighters are exempt from s. 119.07(1) and 78 s. 24(a), Art. I of the State Constitution. 79 e. The home addresses, dates of birth, and telephone 80 numbers of current or former justices of the Supreme Court, 81 district court of appeal judges, circuit court judges,and82 county court judges, and judicial assistants; the names, home 83 addresses, telephone numbers, dates of birth, and places of 84 employment of the spouses and children of current or former 85 justices,andjudges, and judicial assistants; and the names and 86 locations of schools and day care facilities attended by the 87 children of current or former justices,andjudges, and judicial 88 assistants are exempt from s. 119.07(1) and s. 24(a), Art. I of 89 the State Constitution. 90 f. The home addresses, telephone numbers, dates of birth, 91 and photographs of current or former state attorneys, assistant 92 state attorneys, statewide prosecutors, or assistant statewide 93 prosecutors; the names, home addresses, telephone numbers, 94 photographs, dates of birth, and places of employment of the 95 spouses and children of current or former state attorneys, 96 assistant state attorneys, statewide prosecutors, or assistant 97 statewide prosecutors; and the names and locations of schools 98 and day care facilities attended by the children of current or 99 former state attorneys, assistant state attorneys, statewide 100 prosecutors, or assistant statewide prosecutors are exempt from 101 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 102 g. The home addresses, dates of birth, and telephone 103 numbers of general magistrates, special magistrates, judges of 104 compensation claims, administrative law judges of the Division 105 of Administrative Hearings, and child support enforcement 106 hearing officers; the names, home addresses, telephone numbers, 107 dates of birth, and places of employment of the spouses and 108 children of general magistrates, special magistrates, judges of 109 compensation claims, administrative law judges of the Division 110 of Administrative Hearings, and child support enforcement 111 hearing officers; and the names and locations of schools and day 112 care facilities attended by the children of general magistrates, 113 special magistrates, judges of compensation claims, 114 administrative law judges of the Division of Administrative 115 Hearings, and child support enforcement hearing officers are 116 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 117 Constitution. 118 h. The home addresses, telephone numbers, dates of birth, 119 and photographs of current or former human resource, labor 120 relations, or employee relations directors, assistant directors, 121 managers, or assistant managers of any local government agency 122 or water management district whose duties include hiring and 123 firing employees, labor contract negotiation, administration, or 124 other personnel-related duties; the names, home addresses, 125 telephone numbers, dates of birth, and places of employment of 126 the spouses and children of such personnel; and the names and 127 locations of schools and day care facilities attended by the 128 children of such personnel are exempt from s. 119.07(1) and s. 129 24(a), Art. I of the State Constitution. 130 i. The home addresses, telephone numbers, dates of birth, 131 and photographs of current or former code enforcement officers; 132 the names, home addresses, telephone numbers, dates of birth, 133 and places of employment of the spouses and children of such 134 personnel; and the names and locations of schools and day care 135 facilities attended by the children of such personnel are exempt 136 from s. 119.07(1) and s. 24(a), Art. I of the State 137 Constitution. 138 j. The home addresses, telephone numbers, places of 139 employment, dates of birth, and photographs of current or former 140 guardians ad litem, as defined in s. 39.820; the names, home 141 addresses, telephone numbers, dates of birth, and places of 142 employment of the spouses and children of such persons; and the 143 names and locations of schools and day care facilities attended 144 by the children of such persons are exempt from s. 119.07(1) and 145 s. 24(a), Art. I of the State Constitution. 146 k. The home addresses, telephone numbers, dates of birth, 147 and photographs of current or former juvenile probation 148 officers, juvenile probation supervisors, detention 149 superintendents, assistant detention superintendents, juvenile 150 justice detention officers I and II, juvenile justice detention 151 officer supervisors, juvenile justice residential officers, 152 juvenile justice residential officer supervisors I and II, 153 juvenile justice counselors, juvenile justice counselor 154 supervisors, human services counselor administrators, senior 155 human services counselor administrators, rehabilitation 156 therapists, and social services counselors of the Department of 157 Juvenile Justice; the names, home addresses, telephone numbers, 158 dates of birth, and places of employment of spouses and children 159 of such personnel; and the names and locations of schools and 160 day care facilities attended by the children of such personnel 161 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 162 Constitution. 163 l. The home addresses, telephone numbers, dates of birth, 164 and photographs of current or former public defenders, assistant 165 public defenders, criminal conflict and civil regional counsel, 166 and assistant criminal conflict and civil regional counsel; the 167 names, home addresses, telephone numbers, dates of birth, and 168 places of employment of the spouses and children of current or 169 former public defenders, assistant public defenders, criminal 170 conflict and civil regional counsel, and assistant criminal 171 conflict and civil regional counsel; and the names and locations 172 of schools and day care facilities attended by the children of 173 current or former public defenders, assistant public defenders, 174 criminal conflict and civil regional counsel, and assistant 175 criminal conflict and civil regional counsel are exempt from s. 176 119.07(1) and s. 24(a), Art. I of the State Constitution. 177 m. The home addresses, telephone numbers, dates of birth, 178 and photographs of current or former investigators or inspectors 179 of the Department of Business and Professional Regulation; the 180 names, home addresses, telephone numbers, dates of birth, and 181 places of employment of the spouses and children of such current 182 or former investigators and inspectors; and the names and 183 locations of schools and day care facilities attended by the 184 children of such current or former investigators and inspectors 185 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 186 Constitution. 187 n. The home addresses, telephone numbers, and dates of 188 birth of county tax collectors; the names, home addresses, 189 telephone numbers, dates of birth, and places of employment of 190 the spouses and children of such tax collectors; and the names 191 and locations of schools and day care facilities attended by the 192 children of such tax collectors are exempt from s. 119.07(1) and 193 s. 24(a), Art. I of the State Constitution. 194 o. The home addresses, telephone numbers, dates of birth, 195 and photographs of current or former personnel of the Department 196 of Health whose duties include, or result in, the determination 197 or adjudication of eligibility for social security disability 198 benefits, the investigation or prosecution of complaints filed 199 against health care practitioners, or the inspection of health 200 care practitioners or health care facilities licensed by the 201 Department of Health; the names, home addresses, telephone 202 numbers, dates of birth, and places of employment of the spouses 203 and children of such personnel; and the names and locations of 204 schools and day care facilities attended by the children of such 205 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 206 the State Constitution. 207 p. The home addresses, telephone numbers, dates of birth, 208 and photographs of current or former impaired practitioner 209 consultants who are retained by an agency or current or former 210 employees of an impaired practitioner consultant whose duties 211 result in a determination of a person’s skill and safety to 212 practice a licensed profession; the names, home addresses, 213 telephone numbers, dates of birth, and places of employment of 214 the spouses and children of such consultants or their employees; 215 and the names and locations of schools and day care facilities 216 attended by the children of such consultants or employees are 217 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 218 Constitution. 219 q. The home addresses, telephone numbers, dates of birth, 220 and photographs of current or former emergency medical 221 technicians or paramedics certified under chapter 401; the 222 names, home addresses, telephone numbers, dates of birth, and 223 places of employment of the spouses and children of such 224 emergency medical technicians or paramedics; and the names and 225 locations of schools and day care facilities attended by the 226 children of such emergency medical technicians or paramedics are 227 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 228 Constitution. 229 r. The home addresses, telephone numbers, dates of birth, 230 and photographs of current or former personnel employed in an 231 agency’s office of inspector general or internal audit 232 department whose duties include auditing or investigating waste, 233 fraud, abuse, theft, exploitation, or other activities that 234 could lead to criminal prosecution or administrative discipline; 235 the names, home addresses, telephone numbers, dates of birth, 236 and places of employment of spouses and children of such 237 personnel; and the names and locations of schools and day care 238 facilities attended by the children of such personnel are exempt 239 from s. 119.07(1) and s. 24(a), Art. I of the State 240 Constitution. 241 s. The home addresses, telephone numbers, dates of birth, 242 and photographs of current or former directors, managers, 243 supervisors, nurses, and clinical employees of an addiction 244 treatment facility; the home addresses, telephone numbers, 245 photographs, dates of birth, and places of employment of the 246 spouses and children of such personnel; and the names and 247 locations of schools and day care facilities attended by the 248 children of such personnel are exempt from s. 119.07(1) and s. 249 24(a), Art. I of the State Constitution. For purposes of this 250 sub-subparagraph, the term “addiction treatment facility” means 251 a county government, or agency thereof, that is licensed 252 pursuant to s. 397.401 and provides substance abuse prevention, 253 intervention, or clinical treatment, including any licensed 254 service component described in s. 397.311(26). 255 t. The home addresses, telephone numbers, dates of birth, 256 and photographs of current or former directors, managers, 257 supervisors, and clinical employees of a child advocacy center 258 that meets the standards of s. 39.3035(2) and fulfills the 259 screening requirement of s. 39.3035(3), and the members of a 260 Child Protection Team as described in s. 39.303 whose duties 261 include supporting the investigation of child abuse or sexual 262 abuse, child abandonment, child neglect, and child exploitation 263 or to provide services as part of a multidisciplinary case 264 review team; the names, home addresses, telephone numbers, 265 photographs, dates of birth, and places of employment of the 266 spouses and children of such personnel and members; and the 267 names and locations of schools and day care facilities attended 268 by the children of such personnel and members are exempt from s. 269 119.07(1) and s. 24(a), Art. I of the State Constitution. 270 u. The home addresses, telephone numbers, places of 271 employment, dates of birth, and photographs of current or former 272 staff and domestic violence advocates, as defined in s. 273 90.5036(1)(b), of domestic violence centers certified by the 274 Department of Children and Families under chapter 39; the names, 275 home addresses, telephone numbers, places of employment, dates 276 of birth, and photographs of the spouses and children of such 277 personnel; and the names and locations of schools and day care 278 facilities attended by the children of such personnel are exempt 279 from s. 119.07(1) and s. 24(a), Art. I of the State 280 Constitution. 281 3. An agency that is the custodian of the information 282 specified in subparagraph 2. and that is not the employer of the 283 officer, employee, justice, judge, or other person specified in 284 subparagraph 2. must maintain the exempt status of that 285 information only if the officer, employee, justice, judge, other 286 person, or employing agency of the designated employee submits a 287 written and notarized request for maintenance of the exemption 288 to the custodial agency. The request must state under oath the 289 statutory basis for the individual’s exemption request and 290 confirm the individual’s status as a party eligible for exempt 291 status. 292 4.a. A county property appraiser, as defined in s. 293 192.001(3), or a county tax collector, as defined in s. 294 192.001(4), who receives a written and notarized request for 295 maintenance of the exemption pursuant to subparagraph 3. must 296 comply by removing the name of the individual with exempt status 297 and the instrument number or Official Records book and page 298 number identifying the property with the exempt status from all 299 publicly available records maintained by the property appraiser 300 or tax collector. For written requests received on or before 301 July 1, 2021, a county property appraiser or county tax 302 collector must comply with this sub-subparagraph by October 1, 303 2021. A county property appraiser or county tax collector may 304 not remove the street address, legal description, or other 305 information identifying real property within the agency’s 306 records so long as a name or personal information otherwise 307 exempt from inspection and copying pursuant to this section are 308 not associated with the property or otherwise displayed in the 309 public records of the agency. 310 b. Any information restricted from public display, 311 inspection, or copying under sub-subparagraph a. must be 312 provided to the individual whose information was removed. 313 5. An officer, an employee, a justice, a judge, or other 314 person specified in subparagraph 2. may submit a written request 315 for the release of his or her exempt information to the 316 custodial agency. The written request must be notarized and must 317 specify the information to be released and the party authorized 318 to receive the information. Upon receipt of the written request, 319 the custodial agency must release the specified information to 320 the party authorized to receive such information. 321 6. The exemptions in this paragraph apply to information 322 held by an agency before, on, or after the effective date of the 323 exemption. 324 7. Information made exempt under this paragraph may be 325 disclosed pursuant to s. 28.2221 to a title insurer authorized 326 pursuant to s. 624.401 and its affiliates as defined in s. 327 624.10; a title insurance agent or title insurance agency as 328 defined in s. 626.841(1) or (2), respectively; or an attorney 329 duly admitted to practice law in this state and in good standing 330 with The Florida Bar. 331 8. The exempt status of a home address contained in the 332 Official Records is maintained only during the period when a 333 protected party resides at the dwelling location. Upon 334 conveyance of real property after October 1, 2021, and when such 335 real property no longer constitutes a protected party’s home 336 address as defined in sub-subparagraph 1.a., the protected party 337 must submit a written request to release the removed information 338 to the county recorder. The written request to release the 339 removed information must be notarized, must confirm that a 340 protected party’s request for release is pursuant to a 341 conveyance of his or her dwelling location, and must specify the 342 Official Records book and page, instrument number, or clerk’s 343 file number for each document containing the information to be 344 released. 345 9. Upon the death of a protected party as verified by a 346 certified copy of a death certificate or court order, any party 347 can request the county recorder to release a protected 348 decedent’s removed information unless there is a related request 349 on file with the county recorder for continued removal of the 350 decedent’s information or unless such removal is otherwise 351 prohibited by statute or by court order. The written request to 352 release the removed information upon the death of a protected 353 party must attach the certified copy of a death certificate or 354 court order and must be notarized, must confirm the request for 355 release is due to the death of a protected party, and must 356 specify the Official Records book and page number, instrument 357 number, or clerk’s file number for each document containing the 358 information to be released. A fee may not be charged for the 359 release of any document pursuant to such request. 360 10. This paragraph is subject to the Open Government Sunset 361 Review Act in accordance with s. 119.15 and shall stand repealed 362 on October 2, 2024, unless reviewed and saved from repeal 363 through reenactment by the Legislature. 364 Section 2. The Legislature finds that it is a public 365 necessity that the home addresses, dates of birth, and telephone 366 numbers of current or former judicial assistants; the names, 367 home addresses, telephone numbers, dates of birth, and places of 368 employment of the spouses and children of such judicial 369 assistants; and the names and locations of schools and day care 370 facilities attended by the children of such judicial assistants 371 be made exempt from s. 119.07(1), Florida Statutes, and s. 372 24(a), Article I of the State Constitution. Such identifying and 373 location information can be used as a tool to perpetuate fraud 374 against an individual or to acquire sensitive personal, 375 financial, medical, and familial information, the release of 376 which could cause great financial harm to the individual. In the 377 course of assisting in making rulings, entering judgments, 378 imposing sentences, or reviewing cases, judicial assistants may 379 possibly engender ill will with litigants, the accused, the 380 convicted, and their associates and families, thus making the 381 judicial assistants, and their spouses and children, targets for 382 acts of revenge. This risk continues after judicial assistants 383 complete their public service. Disgruntled individuals may wait 384 until the employment of a judicial assistant ends to commit an 385 act of revenge. If such identifying and location information is 386 released, the safety of current or former judicial assistants 387 and their spouses and children could be seriously jeopardized. 388 For these reasons, the Legislature finds that it is a public 389 necessity that such information be made exempt from public 390 records requirements. 391 Section 3. This act shall take effect July 1, 2022.