Florida Senate - 2022 SB 818 By Senator Ausley 3-00677-22 2022818__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 119.071, F.S.; exempting the personal identifying and 4 location information of the chair, commissioners, and 5 hearing officers of the Public Employees Relations 6 Commission and the personal identifying and location 7 information of spouses and children of such personnel 8 from public records requirements; providing for future 9 legislative review and repeal of the exemption; 10 providing a statement of public necessity; providing 11 an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraph (d) of subsection (4) of section 16 119.071, Florida Statutes, is amended to read: 17 119.071 General exemptions from inspection or copying of 18 public records.— 19 (4) AGENCY PERSONNEL INFORMATION.— 20 (d)1. For purposes of this paragraph, the term: 21 a. “Home addresses” means the dwelling location at which an 22 individual resides and includes the physical address, mailing 23 address, street address, parcel identification number, plot 24 identification number, legal property description, neighborhood 25 name and lot number, GPS coordinates, and any other descriptive 26 property information that may reveal the home address. 27 b. “Telephone numbers” includes home telephone numbers, 28 personal cellular telephone numbers, personal pager telephone 29 numbers, and telephone numbers associated with personal 30 communications devices. 31 2.a. The home addresses, telephone numbers, dates of birth, 32 and photographs of active or former sworn law enforcement 33 personnel or of active or former civilian personnel employed by 34 a law enforcement agency, including correctional and 35 correctional probation officers, personnel of the Department of 36 Children and Families whose duties include the investigation of 37 abuse, neglect, exploitation, fraud, theft, or other criminal 38 activities, personnel of the Department of Health whose duties 39 are to support the investigation of child abuse or neglect, and 40 personnel of the Department of Revenue or local governments 41 whose responsibilities include revenue collection and 42 enforcement or child support enforcement; the names, home 43 addresses, telephone numbers, photographs, dates of birth, and 44 places of employment of the spouses and children of such 45 personnel; and the names and locations of schools and day care 46 facilities attended by the children of such personnel are exempt 47 from s. 119.07(1) and s. 24(a), Art. I of the State 48 Constitution. 49 b. The home addresses, telephone numbers, dates of birth, 50 and photographs of current or former nonsworn investigative 51 personnel of the Department of Financial Services whose duties 52 include the investigation of fraud, theft, workers’ compensation 53 coverage requirements and compliance, other related criminal 54 activities, or state regulatory requirement violations; the 55 names, home addresses, telephone numbers, dates of birth, and 56 places of employment of the spouses and children of such 57 personnel; and the names and locations of schools and day care 58 facilities attended by the children of such personnel are exempt 59 from s. 119.07(1) and s. 24(a), Art. I of the State 60 Constitution. 61 c. The home addresses, telephone numbers, dates of birth, 62 and photographs of current or former nonsworn investigative 63 personnel of the Office of Financial Regulation’s Bureau of 64 Financial Investigations whose duties include the investigation 65 of fraud, theft, other related criminal activities, or state 66 regulatory requirement violations; the names, home addresses, 67 telephone numbers, dates of birth, and places of employment of 68 the spouses and children of such personnel; and the names and 69 locations of schools and day care facilities attended by the 70 children of such personnel are exempt from s. 119.07(1) and s. 71 24(a), Art. I of the State Constitution. 72 d. The home addresses, telephone numbers, dates of birth, 73 and photographs of current or former firefighters certified in 74 compliance with s. 633.408; the names, home addresses, telephone 75 numbers, photographs, dates of birth, and places of employment 76 of the spouses and children of such firefighters; and the names 77 and locations of schools and day care facilities attended by the 78 children of such firefighters are exempt from s. 119.07(1) and 79 s. 24(a), Art. I of the State Constitution. 80 e. The home addresses, dates of birth, and telephone 81 numbers of current or former justices of the Supreme Court, 82 district court of appeal judges, circuit court judges, and 83 county court judges; the names, home addresses, telephone 84 numbers, dates of birth, and places of employment of the spouses 85 and children of current or former justices and judges; and the 86 names and locations of schools and day care facilities attended 87 by the children of current or former justices and judges are 88 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 89 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,andchild support enforcement 106 hearing officers, and the chair, commissioners, and hearing 107 officers of the Public Employees Relations Commission; the 108 names, home addresses, telephone numbers, dates of birth, and 109 places of employment of the spouses and children of general 110 magistrates, special magistrates, judges of compensation claims, 111 administrative law judges of the Division of Administrative 112 Hearings,andchild support enforcement hearing officers, and 113 the chair, commissioners, and hearing officers of the Public 114 Employees Relations Commission; and the names and locations of 115 schools and day care facilities attended by the children of 116 general magistrates, special magistrates, judges of compensation 117 claims, administrative law judges of the Division of 118 Administrative Hearings,andchild support enforcement hearing 119 officers, and the chair, commissioners, and hearing officers of 120 the Public Employees Relations Commission are exempt from s. 121 119.07(1) and s. 24(a), Art. I of the State Constitution. 122 h. The home addresses, telephone numbers, dates of birth, 123 and photographs of current or former human resource, labor 124 relations, or employee relations directors, assistant directors, 125 managers, or assistant managers of any local government agency 126 or water management district whose duties include hiring and 127 firing employees, labor contract negotiation, administration, or 128 other personnel-related duties; the names, home addresses, 129 telephone numbers, dates of birth, and places of employment of 130 the spouses and children of such personnel; and the names and 131 locations of schools and day care facilities attended by the 132 children of such personnel are exempt from s. 119.07(1) and s. 133 24(a), Art. I of the State Constitution. 134 i. The home addresses, telephone numbers, dates of birth, 135 and photographs of current or former code enforcement officers; 136 the names, home addresses, telephone numbers, dates of birth, 137 and places of employment of the spouses and children of such 138 personnel; and the names and locations of schools and day care 139 facilities attended by the children of such personnel are exempt 140 from s. 119.07(1) and s. 24(a), Art. I of the State 141 Constitution. 142 j. The home addresses, telephone numbers, places of 143 employment, dates of birth, and photographs of current or former 144 guardians ad litem, as defined in s. 39.820; the names, home 145 addresses, telephone numbers, dates of birth, and places of 146 employment of the spouses and children of such persons; and the 147 names and locations of schools and day care facilities attended 148 by the children of such persons are exempt from s. 119.07(1) and 149 s. 24(a), Art. I of the State Constitution. 150 k. The home addresses, telephone numbers, dates of birth, 151 and photographs of current or former juvenile probation 152 officers, juvenile probation supervisors, detention 153 superintendents, assistant detention superintendents, juvenile 154 justice detention officers I and II, juvenile justice detention 155 officer supervisors, juvenile justice residential officers, 156 juvenile justice residential officer supervisors I and II, 157 juvenile justice counselors, juvenile justice counselor 158 supervisors, human services counselor administrators, senior 159 human services counselor administrators, rehabilitation 160 therapists, and social services counselors of the Department of 161 Juvenile Justice; the names, home addresses, telephone numbers, 162 dates of birth, and places of employment of spouses and children 163 of such personnel; and the names and locations of schools and 164 day care facilities attended by the children of such personnel 165 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 166 Constitution. 167 l. The home addresses, telephone numbers, dates of birth, 168 and photographs of current or former public defenders, assistant 169 public defenders, criminal conflict and civil regional counsel, 170 and assistant criminal conflict and civil regional counsel; the 171 names, home addresses, telephone numbers, dates of birth, and 172 places of employment of the spouses and children of current or 173 former public defenders, assistant public defenders, criminal 174 conflict and civil regional counsel, and assistant criminal 175 conflict and civil regional counsel; and the names and locations 176 of schools and day care facilities attended by the children of 177 current or former public defenders, assistant public defenders, 178 criminal conflict and civil regional counsel, and assistant 179 criminal conflict and civil regional counsel are exempt from s. 180 119.07(1) and s. 24(a), Art. I of the State Constitution. 181 m. The home addresses, telephone numbers, dates of birth, 182 and photographs of current or former investigators or inspectors 183 of the Department of Business and Professional Regulation; the 184 names, home addresses, telephone numbers, dates of birth, and 185 places of employment of the spouses and children of such current 186 or former investigators and inspectors; and the names and 187 locations of schools and day care facilities attended by the 188 children of such current or former investigators and inspectors 189 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 190 Constitution. 191 n. The home addresses, telephone numbers, and dates of 192 birth of county tax collectors; the names, home addresses, 193 telephone numbers, dates of birth, and places of employment of 194 the spouses and children of such tax collectors; and the names 195 and locations of schools and day care facilities attended by the 196 children of such tax collectors are exempt from s. 119.07(1) and 197 s. 24(a), Art. I of the State Constitution. 198 o. The home addresses, telephone numbers, dates of birth, 199 and photographs of current or former personnel of the Department 200 of Health whose duties include, or result in, the determination 201 or adjudication of eligibility for social security disability 202 benefits, the investigation or prosecution of complaints filed 203 against health care practitioners, or the inspection of health 204 care practitioners or health care facilities licensed by the 205 Department of Health; the names, home addresses, telephone 206 numbers, dates of birth, and places of employment of the spouses 207 and children of such personnel; and the names and locations of 208 schools and day care facilities attended by the children of such 209 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 210 the State Constitution. 211 p. The home addresses, telephone numbers, dates of birth, 212 and photographs of current or former impaired practitioner 213 consultants who are retained by an agency or current or former 214 employees of an impaired practitioner consultant whose duties 215 result in a determination of a person’s skill and safety to 216 practice a licensed profession; the names, home addresses, 217 telephone numbers, dates of birth, and places of employment of 218 the spouses and children of such consultants or their employees; 219 and the names and locations of schools and day care facilities 220 attended by the children of such consultants or employees are 221 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 222 Constitution. 223 q. The home addresses, telephone numbers, dates of birth, 224 and photographs of current or former emergency medical 225 technicians or paramedics certified under chapter 401; the 226 names, home addresses, telephone numbers, dates of birth, and 227 places of employment of the spouses and children of such 228 emergency medical technicians or paramedics; and the names and 229 locations of schools and day care facilities attended by the 230 children of such emergency medical technicians or paramedics are 231 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 232 Constitution. 233 r. The home addresses, telephone numbers, dates of birth, 234 and photographs of current or former personnel employed in an 235 agency’s office of inspector general or internal audit 236 department whose duties include auditing or investigating waste, 237 fraud, abuse, theft, exploitation, or other activities that 238 could lead to criminal prosecution or administrative discipline; 239 the names, home addresses, telephone numbers, dates of birth, 240 and places of employment of spouses and children of such 241 personnel; and the names and locations of schools and day care 242 facilities attended by the children of such personnel are exempt 243 from s. 119.07(1) and s. 24(a), Art. I of the State 244 Constitution. 245 s. The home addresses, telephone numbers, dates of birth, 246 and photographs of current or former directors, managers, 247 supervisors, nurses, and clinical employees of an addiction 248 treatment facility; the home addresses, telephone numbers, 249 photographs, dates of birth, and places of employment of the 250 spouses and children of such personnel; and the names and 251 locations of schools and day care facilities attended by the 252 children of such personnel are exempt from s. 119.07(1) and s. 253 24(a), Art. I of the State Constitution. For purposes of this 254 sub-subparagraph, the term “addiction treatment facility” means 255 a county government, or agency thereof, that is licensed 256 pursuant to s. 397.401 and provides substance abuse prevention, 257 intervention, or clinical treatment, including any licensed 258 service component described in s. 397.311(26). 259 t. The home addresses, telephone numbers, dates of birth, 260 and photographs of current or former directors, managers, 261 supervisors, and clinical employees of a child advocacy center 262 that meets the standards of s. 39.3035(2) and fulfills the 263 screening requirement of s. 39.3035(3), and the members of a 264 Child Protection Team as described in s. 39.303 whose duties 265 include supporting the investigation of child abuse or sexual 266 abuse, child abandonment, child neglect, and child exploitation 267 or to provide services as part of a multidisciplinary case 268 review team; the names, home addresses, telephone numbers, 269 photographs, dates of birth, and places of employment of the 270 spouses and children of such personnel and members; and the 271 names and locations of schools and day care facilities attended 272 by the children of such personnel and members are exempt from s. 273 119.07(1) and s. 24(a), Art. I of the State Constitution. 274 u. The home addresses, telephone numbers, places of 275 employment, dates of birth, and photographs of current or former 276 staff and domestic violence advocates, as defined in s. 277 90.5036(1)(b), of domestic violence centers certified by the 278 Department of Children and Families under chapter 39; the names, 279 home addresses, telephone numbers, places of employment, dates 280 of birth, and photographs of the spouses and children of such 281 personnel; and the names and locations of schools and day care 282 facilities attended by the children of such personnel are exempt 283 from s. 119.07(1) and s. 24(a), Art. I of the State 284 Constitution. 285 3. An agency that is the custodian of the information 286 specified in subparagraph 2. and that is not the employer of the 287 officer, employee, justice, judge, or other person specified in 288 subparagraph 2. must maintain the exempt status of that 289 information only if the officer, employee, justice, judge, other 290 person, or employing agency of the designated employee submits a 291 written and notarized request for maintenance of the exemption 292 to the custodial agency. The request must state under oath the 293 statutory basis for the individual’s exemption request and 294 confirm the individual’s status as a party eligible for exempt 295 status. 296 4.a. A county property appraiser, as defined in s. 297 192.001(3), or a county tax collector, as defined in s. 298 192.001(4), who receives a written and notarized request for 299 maintenance of the exemption pursuant to subparagraph 3. must 300 comply by removing the name of the individual with exempt status 301 and the instrument number or Official Records book and page 302 number identifying the property with the exempt status from all 303 publicly available records maintained by the property appraiser 304 or tax collector. For written requests received on or before 305 July 1, 2021, a county property appraiser or county tax 306 collector must comply with this sub-subparagraph by October 1, 307 2021. A county property appraiser or county tax collector may 308 not remove the street address, legal description, or other 309 information identifying real property within the agency’s 310 records so long as a name or personal information otherwise 311 exempt from inspection and copying pursuant to this section are 312 not associated with the property or otherwise displayed in the 313 public records of the agency. 314 b. Any information restricted from public display, 315 inspection, or copying under sub-subparagraph a. must be 316 provided to the individual whose information was removed. 317 5. An officer, an employee, a justice, a judge, or other 318 person specified in subparagraph 2. may submit a written request 319 for the release of his or her exempt information to the 320 custodial agency. The written request must be notarized and must 321 specify the information to be released and the party authorized 322 to receive the information. Upon receipt of the written request, 323 the custodial agency must release the specified information to 324 the party authorized to receive such information. 325 6. The exemptions in this paragraph apply to information 326 held by an agency before, on, or after the effective date of the 327 exemption. 328 7. Information made exempt under this paragraph may be 329 disclosed pursuant to s. 28.2221 to a title insurer authorized 330 pursuant to s. 624.401 and its affiliates as defined in s. 331 624.10; a title insurance agent or title insurance agency as 332 defined in s. 626.841(1) or (2), respectively; or an attorney 333 duly admitted to practice law in this state and in good standing 334 with The Florida Bar. 335 8. The exempt status of a home address contained in the 336 Official Records is maintained only during the period when a 337 protected party resides at the dwelling location. Upon 338 conveyance of real property after October 1, 2021, and when such 339 real property no longer constitutes a protected party’s home 340 address as defined in sub-subparagraph 1.a., the protected party 341 must submit a written request to release the removed information 342 to the county recorder. The written request to release the 343 removed information must be notarized, must confirm that a 344 protected party’s request for release is pursuant to a 345 conveyance of his or her dwelling location, and must specify the 346 Official Records book and page, instrument number, or clerk’s 347 file number for each document containing the information to be 348 released. 349 9. Upon the death of a protected party as verified by a 350 certified copy of a death certificate or court order, any party 351 can request the county recorder to release a protected 352 decedent’s removed information unless there is a related request 353 on file with the county recorder for continued removal of the 354 decedent’s information or unless such removal is otherwise 355 prohibited by statute or by court order. The written request to 356 release the removed information upon the death of a protected 357 party must attach the certified copy of a death certificate or 358 court order and must be notarized, must confirm the request for 359 release is due to the death of a protected party, and must 360 specify the Official Records book and page number, instrument 361 number, or clerk’s file number for each document containing the 362 information to be released. A fee may not be charged for the 363 release of any document pursuant to such request. 364 10. This paragraph is subject to the Open Government Sunset 365 Review Act in accordance with s. 119.15 and shall stand repealed 366 on October 2, 2024, unless reviewed and saved from repeal 367 through reenactment by the Legislature. 368 Section 2. The Legislature finds that it is a public 369 necessity that the home addresses, dates of birth, and telephone 370 numbers of the chair, commissioners, and hearing officers of the 371 Public Employees Relations Commission; the names, home 372 addresses, telephone numbers, dates of birth, and places of 373 employment of the spouses and children of such personnel; and 374 the names and locations of schools and day care facilities 375 attended by the children of such personnel be exempt from s. 376 119.07(1), Florida Statutes, and s. 24(a), Article I of the 377 State Constitution. Such personnel and their families are at a 378 heightened risk of physical and emotional harm from disgruntled 379 individuals who have contentious reactions to actions taken by 380 the commission. In addition, such personnel may be subject to 381 threats or acts of revenge because of the duties they perform. 382 The spouses and children of such personnel are also endangered 383 by people who may seek to intimidate or harm such personnel. The 384 Legislature finds that the harm that may result from the release 385 of such personal identifying and location information outweighs 386 any public benefit that may be derived from disclosure of the 387 information. 388 Section 3. This act shall take effect July 1, 2022.