Florida Senate - 2023 CS for SB 1166 By the Committee on Governmental Oversight and Accountability; and Senator Collins 585-03550-23 20231166c1 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 or former inspectors 6 or investigators of the Department of Agriculture and 7 Consumer Services and the spouses and children of the 8 current or former inspectors or investigators; 9 providing for retroactive application; providing for 10 future legislative review and repeal of the exemption; 11 providing a statement of public necessity; providing 12 an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Paragraph (d) of subsection (4) of section 17 119.071, Florida Statutes, is amended to read: 18 119.071 General exemptions from inspection or copying of 19 public records.— 20 (4) AGENCY PERSONNEL INFORMATION.— 21 (d)1. For purposes of this paragraph, the term: 22 a. “Home addresses” means the dwelling location at which an 23 individual resides and includes the physical address, mailing 24 address, street address, parcel identification number, plot 25 identification number, legal property description, neighborhood 26 name and lot number, GPS coordinates, and any other descriptive 27 property information that may reveal the home address. 28 b. “Telephone numbers” includes home telephone numbers, 29 personal cellular telephone numbers, personal pager telephone 30 numbers, and telephone numbers associated with personal 31 communications devices. 32 2.a. The home addresses, telephone numbers, dates of birth, 33 and photographs of active or former sworn law enforcement 34 personnel or of active or former civilian personnel employed by 35 a law enforcement agency, including correctional and 36 correctional probation officers, personnel of the Department of 37 Children and Families whose duties include the investigation of 38 abuse, neglect, exploitation, fraud, theft, or other criminal 39 activities, personnel of the Department of Health whose duties 40 are to support the investigation of child abuse or neglect, and 41 personnel of the Department of Revenue or local governments 42 whose responsibilities include revenue collection and 43 enforcement or child support enforcement; the names, home 44 addresses, telephone numbers, photographs, dates of birth, and 45 places of employment of the spouses and children of such 46 personnel; and the names and locations of schools and day care 47 facilities attended by the children of such personnel are exempt 48 from s. 119.07(1) and s. 24(a), Art. I of the State 49 Constitution. 50 b. The home addresses, telephone numbers, dates of birth, 51 and photographs of current or former nonsworn investigative 52 personnel of the Department of Financial Services whose duties 53 include the investigation of fraud, theft, workers’ compensation 54 coverage requirements and compliance, other related criminal 55 activities, or state regulatory requirement violations; the 56 names, home addresses, telephone numbers, dates of birth, and 57 places of employment of the spouses and children of such 58 personnel; and the names and locations of schools and day care 59 facilities attended by the children of such personnel are exempt 60 from s. 119.07(1) and s. 24(a), Art. I of the State 61 Constitution. 62 c. The home addresses, telephone numbers, dates of birth, 63 and photographs of current or former nonsworn investigative 64 personnel of the Office of Financial Regulation’s Bureau of 65 Financial Investigations whose duties include the investigation 66 of fraud, theft, other related criminal activities, or state 67 regulatory requirement violations; the names, home addresses, 68 telephone numbers, dates of birth, and places of employment of 69 the spouses and children of such personnel; and the names and 70 locations of schools and day care facilities attended by the 71 children of such personnel are exempt from s. 119.07(1) and s. 72 24(a), Art. I of the State Constitution. 73 d. The home addresses, telephone numbers, dates of birth, 74 and photographs of current or former firefighters certified in 75 compliance with s. 633.408; the names, home addresses, telephone 76 numbers, photographs, dates of birth, and places of employment 77 of the spouses and children of such firefighters; and the names 78 and locations of schools and day care facilities attended by the 79 children of such firefighters are exempt from s. 119.07(1) and 80 s. 24(a), Art. I of the State Constitution. 81 e. The home addresses, dates of birth, and telephone 82 numbers of current or former justices of the Supreme Court, 83 district court of appeal judges, circuit court judges, and 84 county court judges; the names, home addresses, telephone 85 numbers, dates of birth, and places of employment of the spouses 86 and children of current or former justices and judges; and the 87 names and locations of schools and day care facilities attended 88 by the children of current or former justices and judges are 89 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 90 Constitution. 91 f. The home addresses, telephone numbers, dates of birth, 92 and photographs of current or former state attorneys, assistant 93 state attorneys, statewide prosecutors, or assistant statewide 94 prosecutors; the names, home addresses, telephone numbers, 95 photographs, dates of birth, and places of employment of the 96 spouses and children of current or former state attorneys, 97 assistant state attorneys, statewide prosecutors, or assistant 98 statewide prosecutors; and the names and locations of schools 99 and day care facilities attended by the children of current or 100 former state attorneys, assistant state attorneys, statewide 101 prosecutors, or assistant statewide prosecutors are exempt from 102 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 103 g. The home addresses, dates of birth, and telephone 104 numbers of general magistrates, special magistrates, judges of 105 compensation claims, administrative law judges of the Division 106 of Administrative Hearings, and child support enforcement 107 hearing officers; the names, home addresses, telephone numbers, 108 dates of birth, and places of employment of the spouses and 109 children of general magistrates, special magistrates, judges of 110 compensation claims, administrative law judges of the Division 111 of Administrative Hearings, and child support enforcement 112 hearing officers; and the names and locations of schools and day 113 care facilities attended by the children of general magistrates, 114 special magistrates, judges of compensation claims, 115 administrative law judges of the Division of Administrative 116 Hearings, and child support enforcement hearing officers are 117 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 118 Constitution. 119 h. The home addresses, telephone numbers, dates of birth, 120 and photographs of current or former human resource, labor 121 relations, or employee relations directors, assistant directors, 122 managers, or assistant managers of any local government agency 123 or water management district whose duties include hiring and 124 firing employees, labor contract negotiation, administration, or 125 other personnel-related duties; the names, home addresses, 126 telephone numbers, dates of birth, and places of employment of 127 the spouses and children of such personnel; and the names and 128 locations of schools and day care facilities attended by the 129 children of such personnel are exempt from s. 119.07(1) and s. 130 24(a), Art. I of the State Constitution. 131 i. The home addresses, telephone numbers, dates of birth, 132 and photographs of current or former code enforcement officers; 133 the names, home addresses, telephone numbers, dates of birth, 134 and places of employment of the spouses and children of such 135 personnel; and the names and locations of schools and day care 136 facilities attended by the children of such personnel are exempt 137 from s. 119.07(1) and s. 24(a), Art. I of the State 138 Constitution. 139 j. The home addresses, telephone numbers, places of 140 employment, dates of birth, and photographs of current or former 141 guardians ad litem, as defined in s. 39.820; the names, home 142 addresses, telephone numbers, dates of birth, and places of 143 employment of the spouses and children of such persons; and the 144 names and locations of schools and day care facilities attended 145 by the children of such persons are exempt from s. 119.07(1) and 146 s. 24(a), Art. I of the State Constitution. 147 k. The home addresses, telephone numbers, dates of birth, 148 and photographs of current or former juvenile probation 149 officers, juvenile probation supervisors, detention 150 superintendents, assistant detention superintendents, juvenile 151 justice detention officers I and II, juvenile justice detention 152 officer supervisors, juvenile justice residential officers, 153 juvenile justice residential officer supervisors I and II, 154 juvenile justice counselors, juvenile justice counselor 155 supervisors, human services counselor administrators, senior 156 human services counselor administrators, rehabilitation 157 therapists, and social services counselors of the Department of 158 Juvenile Justice; the names, home addresses, telephone numbers, 159 dates of birth, and places of employment of spouses and children 160 of such personnel; and the names and locations of schools and 161 day care facilities attended by the children of such personnel 162 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 163 Constitution. 164 l. The home addresses, telephone numbers, dates of birth, 165 and photographs of current or former public defenders, assistant 166 public defenders, criminal conflict and civil regional counsel, 167 and assistant criminal conflict and civil regional counsel; the 168 names, home addresses, telephone numbers, dates of birth, and 169 places of employment of the spouses and children of current or 170 former public defenders, assistant public defenders, criminal 171 conflict and civil regional counsel, and assistant criminal 172 conflict and civil regional counsel; and the names and locations 173 of schools and day care facilities attended by the children of 174 current or former public defenders, assistant public defenders, 175 criminal conflict and civil regional counsel, and assistant 176 criminal conflict and civil regional counsel are exempt from s. 177 119.07(1) and s. 24(a), Art. I of the State Constitution. 178 m. The home addresses, telephone numbers, dates of birth, 179 and photographs of current or former investigators or inspectors 180 of the Department of Business and Professional Regulation; the 181 names, home addresses, telephone numbers, dates of birth, and 182 places of employment of the spouses and children of such current 183 or former investigators and inspectors; and the names and 184 locations of schools and day care facilities attended by the 185 children of such current or former investigators and inspectors 186 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 187 Constitution. 188 n. The home addresses, telephone numbers, and dates of 189 birth of county tax collectors; the names, home addresses, 190 telephone numbers, dates of birth, and places of employment of 191 the spouses and children of such tax collectors; and the names 192 and locations of schools and day care facilities attended by the 193 children of such tax collectors are exempt from s. 119.07(1) and 194 s. 24(a), Art. I of the State Constitution. 195 o. The home addresses, telephone numbers, dates of birth, 196 and photographs of current or former personnel of the Department 197 of Health whose duties include, or result in, the determination 198 or adjudication of eligibility for social security disability 199 benefits, the investigation or prosecution of complaints filed 200 against health care practitioners, or the inspection of health 201 care practitioners or health care facilities licensed by the 202 Department of Health; the names, home addresses, telephone 203 numbers, dates of birth, and places of employment of the spouses 204 and children of such personnel; and the names and locations of 205 schools and day care facilities attended by the children of such 206 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 207 the State Constitution. 208 p. The home addresses, telephone numbers, dates of birth, 209 and photographs of current or former impaired practitioner 210 consultants who are retained by an agency or current or former 211 employees of an impaired practitioner consultant whose duties 212 result in a determination of a person’s skill and safety to 213 practice a licensed profession; the names, home addresses, 214 telephone numbers, dates of birth, and places of employment of 215 the spouses and children of such consultants or their employees; 216 and the names and locations of schools and day care facilities 217 attended by the children of such consultants or employees are 218 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 219 Constitution. 220 q. The home addresses, telephone numbers, dates of birth, 221 and photographs of current or former emergency medical 222 technicians or paramedics certified under chapter 401; the 223 names, home addresses, telephone numbers, dates of birth, and 224 places of employment of the spouses and children of such 225 emergency medical technicians or paramedics; and the names and 226 locations of schools and day care facilities attended by the 227 children of such emergency medical technicians or paramedics are 228 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 229 Constitution. 230 r. The home addresses, telephone numbers, dates of birth, 231 and photographs of current or former personnel employed in an 232 agency’s office of inspector general or internal audit 233 department whose duties include auditing or investigating waste, 234 fraud, abuse, theft, exploitation, or other activities that 235 could lead to criminal prosecution or administrative discipline; 236 the names, home addresses, telephone numbers, dates of birth, 237 and places of employment of spouses and children of such 238 personnel; and the names and locations of schools and day care 239 facilities attended by the children of such personnel are exempt 240 from s. 119.07(1) and s. 24(a), Art. I of the State 241 Constitution. 242 s. The home addresses, telephone numbers, dates of birth, 243 and photographs of current or former directors, managers, 244 supervisors, nurses, and clinical employees of an addiction 245 treatment facility; the home addresses, telephone numbers, 246 photographs, dates of birth, and places of employment of the 247 spouses and children of such personnel; and the names and 248 locations of schools and day care facilities attended by the 249 children of such personnel are exempt from s. 119.07(1) and s. 250 24(a), Art. I of the State Constitution. For purposes of this 251 sub-subparagraph, the term “addiction treatment facility” means 252 a county government, or agency thereof, that is licensed 253 pursuant to s. 397.401 and provides substance abuse prevention, 254 intervention, or clinical treatment, including any licensed 255 service component described in s. 397.311(26). 256 t. The home addresses, telephone numbers, dates of birth, 257 and photographs of current or former directors, managers, 258 supervisors, and clinical employees of a child advocacy center 259 that meets the standards of s. 39.3035(2) and fulfills the 260 screening requirement of s. 39.3035(3), and the members of a 261 Child Protection Team as described in s. 39.303 whose duties 262 include supporting the investigation of child abuse or sexual 263 abuse, child abandonment, child neglect, and child exploitation 264 or to provide services as part of a multidisciplinary case 265 review team; the names, home addresses, telephone numbers, 266 photographs, dates of birth, and places of employment of the 267 spouses and children of such personnel and members; and the 268 names and locations of schools and day care facilities attended 269 by the children of such personnel and members are exempt from s. 270 119.07(1) and s. 24(a), Art. I of the State Constitution. 271 u. The home addresses, telephone numbers, places of 272 employment, dates of birth, and photographs of current or former 273 staff and domestic violence advocates, as defined in s. 274 90.5036(1)(b), of domestic violence centers certified by the 275 Department of Children and Families under chapter 39; the names, 276 home addresses, telephone numbers, places of employment, dates 277 of birth, and photographs of the spouses and children of such 278 personnel; and the names and locations of schools and day care 279 facilities attended by the children of such personnel are exempt 280 from s. 119.07(1) and s. 24(a), Art. I of the State 281 Constitution. 282 v. The home addresses, telephone numbers, dates of birth, 283 and photographs of current or former inspectors or investigators 284 of the Department of Agriculture and Consumer Services; the 285 names, home addresses, telephone numbers, dates of birth, and 286 places of employment of the spouses and children of current or 287 former inspectors or investigators; and the names and locations 288 of schools and day care facilities attended by the children of 289 current or former inspectors or investigators are exempt from s. 290 119.07(1) and s. 24(a), Art. I of the State Constitution. This 291 sub-subparagraph is subject to the Open Government Sunset Review 292 Act in accordance with s. 119.15 and shall stand repealed on 293 October 2, 2028, unless reviewed and saved from repeal through 294 reenactment by the Legislature. 295 3. An agency that is the custodian of the information 296 specified in subparagraph 2. and that is not the employer of the 297 officer, employee, justice, judge, or other person specified in 298 subparagraph 2. must maintain the exempt status of that 299 information only if the officer, employee, justice, judge, other 300 person, or employing agency of the designated employee submits a 301 written and notarized request for maintenance of the exemption 302 to the custodial agency. The request must state under oath the 303 statutory basis for the individual’s exemption request and 304 confirm the individual’s status as a party eligible for exempt 305 status. 306 4.a. A county property appraiser, as defined in s. 307 192.001(3), or a county tax collector, as defined in s. 308 192.001(4), who receives a written and notarized request for 309 maintenance of the exemption pursuant to subparagraph 3. must 310 comply by removing the name of the individual with exempt status 311 and the instrument number or Official Records book and page 312 number identifying the property with the exempt status from all 313 publicly available records maintained by the property appraiser 314 or tax collector. For written requests received on or before 315 July 1, 2021, a county property appraiser or county tax 316 collector must comply with this sub-subparagraph by October 1, 317 2021. A county property appraiser or county tax collector may 318 not remove the street address, legal description, or other 319 information identifying real property within the agency’s 320 records so long as a name or personal information otherwise 321 exempt from inspection and copying pursuant to this section are 322 not associated with the property or otherwise displayed in the 323 public records of the agency. 324 b. Any information restricted from public display, 325 inspection, or copying under sub-subparagraph a. must be 326 provided to the individual whose information was removed. 327 5. An officer, an employee, a justice, a judge, or other 328 person specified in subparagraph 2. may submit a written request 329 for the release of his or her exempt information to the 330 custodial agency. The written request must be notarized and must 331 specify the information to be released and the party authorized 332 to receive the information. Upon receipt of the written request, 333 the custodial agency must release the specified information to 334 the party authorized to receive such information. 335 6. The exemptions in this paragraph apply to information 336 held by an agency before, on, or after the effective date of the 337 exemption. 338 7. Information made exempt under this paragraph may be 339 disclosed pursuant to s. 28.2221 to a title insurer authorized 340 pursuant to s. 624.401 and its affiliates as defined in s. 341 624.10; a title insurance agent or title insurance agency as 342 defined in s. 626.841(1) or (2), respectively; or an attorney 343 duly admitted to practice law in this state and in good standing 344 with The Florida Bar. 345 8. The exempt status of a home address contained in the 346 Official Records is maintained only during the period when a 347 protected party resides at the dwelling location. Upon 348 conveyance of real property after October 1, 2021, and when such 349 real property no longer constitutes a protected party’s home 350 address as defined in sub-subparagraph 1.a., the protected party 351 must submit a written request to release the removed information 352 to the county recorder. The written request to release the 353 removed information must be notarized, must confirm that a 354 protected party’s request for release is pursuant to a 355 conveyance of his or her dwelling location, and must specify the 356 Official Records book and page, instrument number, or clerk’s 357 file number for each document containing the information to be 358 released. 359 9. Upon the death of a protected party as verified by a 360 certified copy of a death certificate or court order, any party 361 can request the county recorder to release a protected 362 decedent’s removed information unless there is a related request 363 on file with the county recorder for continued removal of the 364 decedent’s information or unless such removal is otherwise 365 prohibited by statute or by court order. The written request to 366 release the removed information upon the death of a protected 367 party must attach the certified copy of a death certificate or 368 court order and must be notarized, must confirm the request for 369 release is due to the death of a protected party, and must 370 specify the Official Records book and page number, instrument 371 number, or clerk’s file number for each document containing the 372 information to be released. A fee may not be charged for the 373 release of any document pursuant to such request. 374 10. Except as otherwise expressly provided in this 375 paragraph, this paragraph is subject to the Open Government 376 Sunset Review Act in accordance with s. 119.15 and shall stand 377 repealed on October 2, 2024, unless reviewed and saved from 378 repeal through reenactment by the Legislature. 379 Section 2. The Legislature finds that it is a public 380 necessity that the home addresses, telephone numbers, dates of 381 birth, and photographs of current or former inspectors or 382 investigators of the Department of Agriculture and Consumer 383 Services; the names, home addresses, telephone numbers, dates of 384 birth, and places of employment of the spouses and children of 385 current or former inspectors or investigators; and the names and 386 locations of schools and day care facilities attended by the 387 children of current or former inspectors or investigators be 388 made exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 389 Article I of the State Constitution. The Legislature finds that 390 the release of such personal identifying and location 391 information might place the department’s current or former 392 inspectors or investigators and their family members in danger 393 of physical and emotional harm from disgruntled individuals 394 whose businesses or professional practices have come under the 395 scrutiny of the department. In addition, such personnel may be 396 subject to threats or acts of revenge because of the duties they 397 perform. The Legislature further finds that the harm that may 398 result from the release of such personal identifying and 399 location information outweighs any public benefit that may be 400 derived from the disclosure of the information. 401 Section 3. This act shall take effect July 1, 2023.