Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. SB 216 Ì591460ÈÎ591460 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/05/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Governmental Oversight and Accountability (Burgess) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (d) of subsection (4) of section 6 119.071, Florida Statutes, is amended to read 7 119.071 General exemptions from inspection or copying of 8 public records.— 9 (4) AGENCY PERSONNEL INFORMATION.— 10 (d)1. For purposes of this paragraph, the term: 11 a. “Home addresses” means the dwelling location at which an 12 individual resides and includes the physical address, mailing 13 address, street address, parcel identification number, plot 14 identification number, legal property description, neighborhood 15 name and lot number, GPS coordinates, and any other descriptive 16 property information that may reveal the home address. 17 b. “Telephone numbers” includes home telephone numbers, 18 personal cellular telephone numbers, personal pager telephone 19 numbers, and telephone numbers associated with personal 20 communications devices. 21 2.a. The home addresses, telephone numbers, dates of birth, 22 and photographs of active or former sworn law enforcement 23 personnel or of active or former civilian personnel employed by 24 a law enforcement agency, including correctional and 25 correctional probation officers, personnel of the Department of 26 Children and Families whose duties include the investigation of 27 abuse, neglect, exploitation, fraud, theft, or other criminal 28 activities, personnel of the Department of Health whose duties 29 are to support the investigation of child abuse or neglect, and 30 personnel of the Department of Revenue or local governments 31 whose responsibilities include revenue collection and 32 enforcement or child support enforcement; the names, home 33 addresses, telephone numbers, photographs, dates of birth, and 34 places of employment of the spouses and children of such 35 personnel; and the names and locations of schools and day care 36 facilities attended by the children of such personnel are exempt 37 from s. 119.07(1) and s. 24(a), Art. I of the State 38 Constitution. 39 b. The home addresses, telephone numbers, dates of birth, 40 and photographs of current or former nonsworn investigative 41 personnel of the Department of Financial Services whose duties 42 include the investigation of fraud, theft, workers’ compensation 43 coverage requirements and compliance, other related criminal 44 activities, or state regulatory requirement violations; the 45 names, home addresses, telephone numbers, dates of birth, and 46 places of employment of the spouses and children of such 47 personnel; and the names and locations of schools and day care 48 facilities attended by the children of such personnel are exempt 49 from s. 119.07(1) and s. 24(a), Art. I of the State 50 Constitution. 51 c. The home addresses, telephone numbers, dates of birth, 52 and photographs of current or former nonsworn investigative 53 personnel of the Office of Financial Regulation’s Bureau of 54 Financial Investigations whose duties include the investigation 55 of fraud, theft, other related criminal activities, or state 56 regulatory requirement violations; the names, home addresses, 57 telephone numbers, dates of birth, and places of employment of 58 the spouses and children of such personnel; and the names and 59 locations of schools and day care facilities attended by the 60 children of such personnel are exempt from s. 119.07(1) and s. 61 24(a), Art. I of the State Constitution. 62 d. The home addresses, telephone numbers, dates of birth, 63 and photographs of current or former firefighters certified in 64 compliance with s. 633.408; the names, home addresses, telephone 65 numbers, photographs, dates of birth, and places of employment 66 of the spouses and children of such firefighters; and the names 67 and locations of schools and day care facilities attended by the 68 children of such firefighters are exempt from s. 119.07(1) and 69 s. 24(a), Art. I of the State Constitution. 70 e. The home addresses, dates of birth, and telephone 71 numbers of current or former justices of the Supreme Court, 72 district court of appeal judges, circuit court judges, and 73 county court judges; the names, home addresses, telephone 74 numbers, dates of birth, and places of employment of the spouses 75 and children of current or former justices and judges; and the 76 names and locations of schools and day care facilities attended 77 by the children of current or former justices and judges are 78 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 79 Constitution. 80 f. The home addresses, telephone numbers, dates of birth, 81 and photographs of current or former state attorneys, assistant 82 state attorneys, statewide prosecutors, or assistant statewide 83 prosecutors; the names, home addresses, telephone numbers, 84 photographs, dates of birth, and places of employment of the 85 spouses and children of current or former state attorneys, 86 assistant state attorneys, statewide prosecutors, or assistant 87 statewide prosecutors; and the names and locations of schools 88 and day care facilities attended by the children of current or 89 former state attorneys, assistant state attorneys, statewide 90 prosecutors, or assistant statewide prosecutors are exempt from 91 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 92 g. The home addresses, dates of birth, and telephone 93 numbers of general magistrates, special magistrates, judges of 94 compensation claims, administrative law judges of the Division 95 of Administrative Hearings, and child support enforcement 96 hearing officers; the names, home addresses, telephone numbers, 97 dates of birth, and places of employment of the spouses and 98 children of general magistrates, special magistrates, judges of 99 compensation claims, administrative law judges of the Division 100 of Administrative Hearings, and child support enforcement 101 hearing officers; and the names and locations of schools and day 102 care facilities attended by the children of general magistrates, 103 special magistrates, judges of compensation claims, 104 administrative law judges of the Division of Administrative 105 Hearings, and child support enforcement hearing officers are 106 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 107 Constitution. 108 h. The home addresses, telephone numbers, dates of birth, 109 and photographs of current or former human resource, labor 110 relations, or employee relations directors, assistant directors, 111 managers, or assistant managers of any local government agency 112 or water management district whose duties include hiring and 113 firing employees, labor contract negotiation, administration, or 114 other personnel-related duties; the names, home addresses, 115 telephone numbers, dates of birth, and places of employment of 116 the spouses and children of such personnel; and the names and 117 locations of schools and day care facilities attended by the 118 children of such personnel are exempt from s. 119.07(1) and s. 119 24(a), Art. I of the State Constitution. 120 i. The home addresses, telephone numbers, dates of birth, 121 and photographs of current or former code enforcement officers; 122 the names, home addresses, telephone numbers, dates of birth, 123 and places of employment of the spouses and children of such 124 personnel; and the names and locations of schools and day care 125 facilities attended by the children of such personnel are exempt 126 from s. 119.07(1) and s. 24(a), Art. I of the State 127 Constitution. 128 j. The home addresses, telephone numbers, places of 129 employment, dates of birth, and photographs of current or former 130 guardians ad litem, as defined in s. 39.820; the names, home 131 addresses, telephone numbers, dates of birth, and places of 132 employment of the spouses and children of such persons; and the 133 names and locations of schools and day care facilities attended 134 by the children of such persons are exempt from s. 119.07(1) and 135 s. 24(a), Art. I of the State Constitution. 136 k. The home addresses, telephone numbers, dates of birth, 137 and photographs of current or former juvenile probation 138 officers, juvenile probation supervisors, detention 139 superintendents, assistant detention superintendents, juvenile 140 justice detention officers I and II, juvenile justice detention 141 officer supervisors, juvenile justice residential officers, 142 juvenile justice residential officer supervisors I and II, 143 juvenile justice counselors, juvenile justice counselor 144 supervisors, human services counselor administrators, senior 145 human services counselor administrators, rehabilitation 146 therapists, and social services counselors of the Department of 147 Juvenile Justice; the names, home addresses, telephone numbers, 148 dates of birth, and places of employment of spouses and children 149 of such personnel; and the names and locations of schools and 150 day care facilities attended by the children of such personnel 151 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 152 Constitution. 153 l. The home addresses, telephone numbers, dates of birth, 154 and photographs of current or former public defenders, assistant 155 public defenders, criminal conflict and civil regional counsel, 156 and assistant criminal conflict and civil regional counsel; the 157 names, home addresses, telephone numbers, dates of birth, and 158 places of employment of the spouses and children of current or 159 former public defenders, assistant public defenders, criminal 160 conflict and civil regional counsel, and assistant criminal 161 conflict and civil regional counsel; and the names and locations 162 of schools and day care facilities attended by the children of 163 current or former public defenders, assistant public defenders, 164 criminal conflict and civil regional counsel, and assistant 165 criminal conflict and civil regional counsel are exempt from s. 166 119.07(1) and s. 24(a), Art. I of the State Constitution. 167 m. The home addresses, telephone numbers, dates of birth, 168 and photographs of current or former investigators or inspectors 169 of the Department of Business and Professional Regulation; the 170 names, home addresses, telephone numbers, dates of birth, and 171 places of employment of the spouses and children of such current 172 or former investigators and inspectors; and the names and 173 locations of schools and day care facilities attended by the 174 children of such current or former investigators and inspectors 175 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 176 Constitution. 177 n. The home addresses, telephone numbers, and dates of 178 birth of county tax collectors; the names, home addresses, 179 telephone numbers, dates of birth, and places of employment of 180 the spouses and children of such tax collectors; and the names 181 and locations of schools and day care facilities attended by the 182 children of such tax collectors are exempt from s. 119.07(1) and 183 s. 24(a), Art. I of the State Constitution. 184 o. The home addresses, telephone numbers, dates of birth, 185 and photographs of current or former personnel of the Department 186 of Health whose duties include, or result in, the determination 187 or adjudication of eligibility for social security disability 188 benefits, the investigation or prosecution of complaints filed 189 against health care practitioners, or the inspection of health 190 care practitioners or health care facilities licensed by the 191 Department of Health; the names, home addresses, telephone 192 numbers, dates of birth, and places of employment of the spouses 193 and children of such personnel; and the names and locations of 194 schools and day care facilities attended by the children of such 195 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 196 the State Constitution. 197 p. The home addresses, telephone numbers, dates of birth, 198 and photographs of current or former impaired practitioner 199 consultants who are retained by an agency or current or former 200 employees of an impaired practitioner consultant whose duties 201 result in a determination of a person’s skill and safety to 202 practice a licensed profession; the names, home addresses, 203 telephone numbers, dates of birth, and places of employment of 204 the spouses and children of such consultants or their employees; 205 and the names and locations of schools and day care facilities 206 attended by the children of such consultants or employees are 207 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 208 Constitution. 209 q. The home addresses, telephone numbers, dates of birth, 210 and photographs of current or former emergency medical 211 technicians or paramedics certified under chapter 401; the 212 names, home addresses, telephone numbers, dates of birth, and 213 places of employment of the spouses and children of such 214 emergency medical technicians or paramedics; and the names and 215 locations of schools and day care facilities attended by the 216 children of such emergency medical technicians or paramedics are 217 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 218 Constitution. 219 r. The home addresses, telephone numbers, dates of birth, 220 and photographs of current or former personnel employed in an 221 agency’s office of inspector general or internal audit 222 department whose duties include auditing or investigating waste, 223 fraud, abuse, theft, exploitation, or other activities that 224 could lead to criminal prosecution or administrative discipline; 225 the names, home addresses, telephone numbers, dates of birth, 226 and places of employment of spouses and children of such 227 personnel; and the names and locations of schools and day care 228 facilities attended by the children of such personnel are exempt 229 from s. 119.07(1) and s. 24(a), Art. I of the State 230 Constitution. 231 s. The home addresses, telephone numbers, dates of birth, 232 and photographs of current or former directors, managers, 233 supervisors, nurses, and clinical employees of an addiction 234 treatment facility; the home addresses, telephone numbers, 235 photographs, dates of birth, and places of employment of the 236 spouses and children of such personnel; and the names and 237 locations of schools and day care facilities attended by the 238 children of such personnel are exempt from s. 119.07(1) and s. 239 24(a), Art. I of the State Constitution. For purposes of this 240 sub-subparagraph, the term “addiction treatment facility” means 241 a county government, or agency thereof, that is licensed 242 pursuant to s. 397.401 and provides substance abuse prevention, 243 intervention, or clinical treatment, including any licensed 244 service component described in s. 397.311(26). 245 t. The home addresses, telephone numbers, dates of birth, 246 and photographs of current or former directors, managers, 247 supervisors, and clinical employees of a child advocacy center 248 that meets the standards of s. 39.3035(2) and fulfills the 249 screening requirement of s. 39.3035(3), and the members of a 250 Child Protection Team as described in s. 39.303 whose duties 251 include supporting the investigation of child abuse or sexual 252 abuse, child abandonment, child neglect, and child exploitation 253 or to provide services as part of a multidisciplinary case 254 review team; the names, home addresses, telephone numbers, 255 photographs, dates of birth, and places of employment of the 256 spouses and children of such personnel and members; and the 257 names and locations of schools and day care facilities attended 258 by the children of such personnel and members are exempt from s. 259 119.07(1) and s. 24(a), Art. I of the State Constitution. 260 u. The home addresses, telephone numbers, places of 261 employment, dates of birth, and photographs of current or former 262 staff and domestic violence advocates, as defined in s. 263 90.5036(1)(b), of domestic violence centers certified by the 264 Department of Children and Families under chapter 39; the names, 265 home addresses, telephone numbers, places of employment, dates 266 of birth, and photographs of the spouses and children of such 267 personnel; and the names and locations of schools and day care 268 facilities attended by the children of such personnel are exempt 269 from s. 119.07(1) and s. 24(a), Art. I of the State 270 Constitution. 271 v.°The home addresses, telephone numbers, and dates of 272 birth of current county attorneys, deputy county attorneys, 273 assistant county attorneys, city attorneys, deputy city 274 attorneys, and assistant city attorneys; the names, home 275 addresses, telephone numbers, dates of birth, and places of 276 employment of the spouses and children of current county 277 attorneys, deputy county attorneys, assistant county attorneys, 278 city attorneys, deputy city attorneys, and assistant city 279 attorneys; and the names and locations of schools and day care 280 facilities attended by the children of current county attorneys, 281 deputy county attorneys, assistant county attorneys, city 282 attorneys, deputy city attorneys, and assistant city attorneys 283 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 284 Constitution. This exemption does not apply to a current county 285 attorney, deputy county attorney, assistant county attorney, 286 city attorney, deputy city attorney, and assistant city attorney 287 who qualifies as a candidate for election to public office. 288 3. An agency that is the custodian of the information 289 specified in subparagraph 2. and that is not the employer of the 290 officer, employee, justice, judge, or other person specified in 291 subparagraph 2. must maintain the exempt status of that 292 information only if the officer, employee, justice, judge, other 293 person, or employing agency of the designated employee submits a 294 written and notarized request for maintenance of the exemption 295 to the custodial agency. The request must state under oath the 296 statutory basis for the individual’s exemption request and 297 confirm the individual’s status as a party eligible for exempt 298 status. 299 4.a. A county property appraiser, as defined in s. 300 192.001(3), or a county tax collector, as defined in s. 301 192.001(4), who receives a written and notarized request for 302 maintenance of the exemption pursuant to subparagraph 3. must 303 comply by removing the name of the individual with exempt status 304 and the instrument number or Official Records book and page 305 number identifying the property with the exempt status from all 306 publicly available records maintained by the property appraiser 307 or tax collector. For written requests received on or before 308 July 1, 2021, a county property appraiser or county tax 309 collector must comply with this sub-subparagraph by October 1, 310 2021. A county property appraiser or county tax collector may 311 not remove the street address, legal description, or other 312 information identifying real property within the agency’s 313 records so long as a name or personal information otherwise 314 exempt from inspection and copying pursuant to this section are 315 not associated with the property or otherwise displayed in the 316 public records of the agency. 317 b. Any information restricted from public display, 318 inspection, or copying under sub-subparagraph a. must be 319 provided to the individual whose information was removed. 320 5. An officer, an employee, a justice, a judge, or other 321 person specified in subparagraph 2. may submit a written request 322 for the release of his or her exempt information to the 323 custodial agency. The written request must be notarized and must 324 specify the information to be released and the party authorized 325 to receive the information. Upon receipt of the written request, 326 the custodial agency must release the specified information to 327 the party authorized to receive such information. 328 6. The exemptions in this paragraph apply to information 329 held by an agency before, on, or after the effective date of the 330 exemption. 331 7. Information made exempt under this paragraph may be 332 disclosed pursuant to s. 28.2221 to a title insurer authorized 333 pursuant to s. 624.401 and its affiliates as defined in s. 334 624.10; a title insurance agent or title insurance agency as 335 defined in s. 626.841(1) or (2), respectively; or an attorney 336 duly admitted to practice law in this state and in good standing 337 with The Florida Bar. 338 8. The exempt status of a home address contained in the 339 Official Records is maintained only during the period when a 340 protected party resides at the dwelling location. Upon 341 conveyance of real property after October 1, 2021, and when such 342 real property no longer constitutes a protected party’s home 343 address as defined in sub-subparagraph 1.a., the protected party 344 must submit a written request to release the removed information 345 to the county recorder. The written request to release the 346 removed information must be notarized, must confirm that a 347 protected party’s request for release is pursuant to a 348 conveyance of his or her dwelling location, and must specify the 349 Official Records book and page, instrument number, or clerk’s 350 file number for each document containing the information to be 351 released. 352 9. Upon the death of a protected party as verified by a 353 certified copy of a death certificate or court order, any party 354 can request the county recorder to release a protected 355 decedent’s removed information unless there is a related request 356 on file with the county recorder for continued removal of the 357 decedent’s information or unless such removal is otherwise 358 prohibited by statute or by court order. The written request to 359 release the removed information upon the death of a protected 360 party must attach the certified copy of a death certificate or 361 court order and must be notarized, must confirm the request for 362 release is due to the death of a protected party, and must 363 specify the Official Records book and page number, instrument 364 number, or clerk’s file number for each document containing the 365 information to be released. A fee may not be charged for the 366 release of any document pursuant to such request. 367 10. This paragraph is subject to the Open Government Sunset 368 Review Act in accordance with s. 119.15 and shall stand repealed 369 on October 2, 2024, unless reviewed and saved from repeal 370 through reenactment by the Legislature. 371 Section 2. The Legislature finds that it is a public 372 necessity that the home addresses, telephone numbers, and dates 373 of birth of current county attorneys, deputy county attorneys, 374 assistant county attorneys, city attorneys, deputy city 375 attorneys, and assistant city attorneys be made exempt from s. 376 119.07(1), Florida Statutes, and s. 24(a), Article I of the 377 State Constitution. The Legislature further finds that it is a 378 public necessity that the names, home addresses, telephone 379 numbers, dates of birth, and places of employment of the spouses 380 and children of current county attorneys, deputy county 381 attorneys, assistant county attorneys, city attorneys, deputy 382 city attorneys, and assistant city attorneys and the names and 383 locations of schools and day care facilities attended by the 384 children of such attorneys, be made exempt from s. 119.07(1), 385 Florida Statutes, and s. 24(a), Article I of the State 386 Constitution. The responsibilities of county attorneys, deputy 387 county attorneys, assistant county attorneys, city attorneys, 388 deputy city attorneys, and assistant city attorneys regularly 389 involve legal enforcement proceeding in areas of neglect and 390 abuse related to violations of codes and ordinances. Legal 391 enforcement proceedings have led to retribution and threats by 392 defendants and other persons on numerous occasions. Such 393 attorneys have received death threats and e-mails from 394 disgruntled persons advocating the murder of other attorneys. 395 Other incidents have included the stalking of such attorneys and 396 their spouses and children. The Legislature finds that the 397 release of such personal identifying and location information 398 could place such persons in danger of being physically or 399 emotionally harmed or staked by a defendant or another person. 400 The Legislature finds that the harm that may result from the 401 release of such personal identifying and location information 402 outweighs any public benefit that may be derived from the 403 disclosure of the information. 404 Section 3. This act shall take effect July 1, 2023. 405 406 ================= T I T L E A M E N D M E N T ================ 407 And the title is amended as follows: 408 Delete everything before the enacting clause 409 and insert: 410 A bill to be entitled 411 An act relating to public records; amending s. 119.071, F.S.; 412 providing an exemption from public records requirements for the 413 personal identifying and location information of current county 414 attorneys, deputy county attorneys, assistant county attorneys, 415 city attorneys, deputy city attorneys, assistant city attorneys, 416 and the names and personal and identifying and location 417 information of the spouses and children of such attorneys; 418 providing applicability; providing for retroactive application; 419 providing for future legislative review and repeal; providing a 420 statement of public necessity; providing an effective date.