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.