Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 50
       
       
       
       
       
       
                                Ì825732'Î825732                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/15/2023           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Governmental Oversight and Accountability
       (Wright) 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. "Judicial assistant" means a court employee assigned to
   18  the following class codes: 8140, 8150, 8310, and 8320.
   19         c.b. “Telephone numbers” includes home telephone numbers,
   20  personal cellular telephone numbers, personal pager telephone
   21  numbers, and telephone numbers associated with personal
   22  communications devices.
   23         2.a. The home addresses, telephone numbers, dates of birth,
   24  and photographs of active or former sworn law enforcement
   25  personnel or of active or former civilian personnel employed by
   26  a law enforcement agency, including correctional and
   27  correctional probation officers, personnel of the Department of
   28  Children and Families whose duties include the investigation of
   29  abuse, neglect, exploitation, fraud, theft, or other criminal
   30  activities, personnel of the Department of Health whose duties
   31  are to support the investigation of child abuse or neglect, and
   32  personnel of the Department of Revenue or local governments
   33  whose responsibilities include revenue collection and
   34  enforcement or child support enforcement; the names, home
   35  addresses, telephone numbers, photographs, dates of birth, and
   36  places of employment of the spouses and children of such
   37  personnel; and the names and locations of schools and day care
   38  facilities attended by the children of such personnel are exempt
   39  from s. 119.07(1) and s. 24(a), Art. I of the State
   40  Constitution.
   41         b. The home addresses, telephone numbers, dates of birth,
   42  and photographs of current or former nonsworn investigative
   43  personnel of the Department of Financial Services whose duties
   44  include the investigation of fraud, theft, workers’ compensation
   45  coverage requirements and compliance, other related criminal
   46  activities, or state regulatory requirement violations; the
   47  names, home addresses, telephone numbers, dates of birth, and
   48  places of employment of the spouses and children of such
   49  personnel; and the names and locations of schools and day care
   50  facilities attended by the children of such personnel are exempt
   51  from s. 119.07(1) and s. 24(a), Art. I of the State
   52  Constitution.
   53         c. The home addresses, telephone numbers, dates of birth,
   54  and photographs of current or former nonsworn investigative
   55  personnel of the Office of Financial Regulation’s Bureau of
   56  Financial Investigations whose duties include the investigation
   57  of fraud, theft, other related criminal activities, or state
   58  regulatory requirement violations; the names, home addresses,
   59  telephone numbers, dates of birth, and places of employment of
   60  the spouses and children of such personnel; and the names and
   61  locations of schools and day care facilities attended by the
   62  children of such personnel are exempt from s. 119.07(1) and s.
   63  24(a), Art. I of the State Constitution.
   64         d. The home addresses, telephone numbers, dates of birth,
   65  and photographs of current or former firefighters certified in
   66  compliance with s. 633.408; the names, home addresses, telephone
   67  numbers, photographs, dates of birth, and places of employment
   68  of the spouses and children of such firefighters; and the names
   69  and locations of schools and day care facilities attended by the
   70  children of such firefighters are exempt from s. 119.07(1) and
   71  s. 24(a), Art. I of the State Constitution.
   72         e. The home addresses, dates of birth, and telephone
   73  numbers of current or former justices of the Supreme Court,
   74  district court of appeal judges, circuit court judges, and
   75  county court judges, and of current judicial assistants; the
   76  names, home addresses, telephone numbers, dates of birth, and
   77  places of employment of the spouses and children of current or
   78  former justices and judges, and of current judicial assistants;
   79  and the names and locations of schools and day care facilities
   80  attended by the children of current or former justices and
   81  judges and of current judicial assistants are exempt from s.
   82  119.07(1) and s. 24(a), Art. I of the State Constitution. This
   83  sub-subparagraph is subject to the Open Government Sunset Review
   84  Act in accordance with s. 119.15 and shall stand repealed on
   85  October 2, 2028, unless reviewed and saved from repeal through
   86  reenactment by the Legislature.
   87         f. The home addresses, telephone numbers, dates of birth,
   88  and photographs of current or former state attorneys, assistant
   89  state attorneys, statewide prosecutors, or assistant statewide
   90  prosecutors; the names, home addresses, telephone numbers,
   91  photographs, dates of birth, and places of employment of the
   92  spouses and children of current or former state attorneys,
   93  assistant state attorneys, statewide prosecutors, or assistant
   94  statewide prosecutors; and the names and locations of schools
   95  and day care facilities attended by the children of current or
   96  former state attorneys, assistant state attorneys, statewide
   97  prosecutors, or assistant statewide prosecutors are exempt from
   98  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   99         g. The home addresses, dates of birth, and telephone
  100  numbers of general magistrates, special magistrates, judges of
  101  compensation claims, administrative law judges of the Division
  102  of Administrative Hearings, and child support enforcement
  103  hearing officers; the names, home addresses, telephone numbers,
  104  dates of birth, and places of employment of the spouses and
  105  children of general magistrates, special magistrates, judges of
  106  compensation claims, administrative law judges of the Division
  107  of Administrative Hearings, and child support enforcement
  108  hearing officers; and the names and locations of schools and day
  109  care facilities attended by the children of general magistrates,
  110  special magistrates, judges of compensation claims,
  111  administrative law judges of the Division of Administrative
  112  Hearings, and child support enforcement hearing officers are
  113  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  114  Constitution.
  115         h. The home addresses, telephone numbers, dates of birth,
  116  and photographs of current or former human resource, labor
  117  relations, or employee relations directors, assistant directors,
  118  managers, or assistant managers of any local government agency
  119  or water management district whose duties include hiring and
  120  firing employees, labor contract negotiation, administration, or
  121  other personnel-related duties; the names, home addresses,
  122  telephone numbers, dates of birth, and places of employment of
  123  the spouses and children of such personnel; and the names and
  124  locations of schools and day care facilities attended by the
  125  children of such personnel are exempt from s. 119.07(1) and s.
  126  24(a), Art. I of the State Constitution.
  127         i. The home addresses, telephone numbers, dates of birth,
  128  and photographs of current or former code enforcement officers;
  129  the names, home addresses, telephone numbers, dates of birth,
  130  and places of employment of the spouses and children of such
  131  personnel; and the names and locations of schools and day care
  132  facilities attended by the children of such personnel are exempt
  133  from s. 119.07(1) and s. 24(a), Art. I of the State
  134  Constitution.
  135         j. The home addresses, telephone numbers, places of
  136  employment, dates of birth, and photographs of current or former
  137  guardians ad litem, as defined in s. 39.820; the names, home
  138  addresses, telephone numbers, dates of birth, and places of
  139  employment of the spouses and children of such persons; and the
  140  names and locations of schools and day care facilities attended
  141  by the children of such persons are exempt from s. 119.07(1) and
  142  s. 24(a), Art. I of the State Constitution.
  143         k. The home addresses, telephone numbers, dates of birth,
  144  and photographs of current or former juvenile probation
  145  officers, juvenile probation supervisors, detention
  146  superintendents, assistant detention superintendents, juvenile
  147  justice detention officers I and II, juvenile justice detention
  148  officer supervisors, juvenile justice residential officers,
  149  juvenile justice residential officer supervisors I and II,
  150  juvenile justice counselors, juvenile justice counselor
  151  supervisors, human services counselor administrators, senior
  152  human services counselor administrators, rehabilitation
  153  therapists, and social services counselors of the Department of
  154  Juvenile Justice; the names, home addresses, telephone numbers,
  155  dates of birth, and places of employment of spouses and children
  156  of such personnel; and the names and locations of schools and
  157  day care facilities attended by the children of such personnel
  158  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  159  Constitution.
  160         l. The home addresses, telephone numbers, dates of birth,
  161  and photographs of current or former public defenders, assistant
  162  public defenders, criminal conflict and civil regional counsel,
  163  and assistant criminal conflict and civil regional counsel; the
  164  names, home addresses, telephone numbers, dates of birth, and
  165  places of employment of the spouses and children of current or
  166  former public defenders, assistant public defenders, criminal
  167  conflict and civil regional counsel, and assistant criminal
  168  conflict and civil regional counsel; and the names and locations
  169  of schools and day care facilities attended by the children of
  170  current or former public defenders, assistant public defenders,
  171  criminal conflict and civil regional counsel, and assistant
  172  criminal conflict and civil regional counsel are exempt from s.
  173  119.07(1) and s. 24(a), Art. I of the State Constitution.
  174         m. The home addresses, telephone numbers, dates of birth,
  175  and photographs of current or former investigators or inspectors
  176  of the Department of Business and Professional Regulation; the
  177  names, home addresses, telephone numbers, dates of birth, and
  178  places of employment of the spouses and children of such current
  179  or former investigators and inspectors; and the names and
  180  locations of schools and day care facilities attended by the
  181  children of such current or former investigators and inspectors
  182  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  183  Constitution.
  184         n. The home addresses, telephone numbers, and dates of
  185  birth of county tax collectors; the names, home addresses,
  186  telephone numbers, dates of birth, and places of employment of
  187  the spouses and children of such tax collectors; and the names
  188  and locations of schools and day care facilities attended by the
  189  children of such tax collectors are exempt from s. 119.07(1) and
  190  s. 24(a), Art. I of the State Constitution.
  191         o. The home addresses, telephone numbers, dates of birth,
  192  and photographs of current or former personnel of the Department
  193  of Health whose duties include, or result in, the determination
  194  or adjudication of eligibility for social security disability
  195  benefits, the investigation or prosecution of complaints filed
  196  against health care practitioners, or the inspection of health
  197  care practitioners or health care facilities licensed by the
  198  Department of Health; the names, home addresses, telephone
  199  numbers, dates of birth, and places of employment of the spouses
  200  and children of such personnel; and the names and locations of
  201  schools and day care facilities attended by the children of such
  202  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  203  the State Constitution.
  204         p. The home addresses, telephone numbers, dates of birth,
  205  and photographs of current or former impaired practitioner
  206  consultants who are retained by an agency or current or former
  207  employees of an impaired practitioner consultant whose duties
  208  result in a determination of a person’s skill and safety to
  209  practice a licensed profession; the names, home addresses,
  210  telephone numbers, dates of birth, and places of employment of
  211  the spouses and children of such consultants or their employees;
  212  and the names and locations of schools and day care facilities
  213  attended by the children of such consultants or employees are
  214  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  215  Constitution.
  216         q. The home addresses, telephone numbers, dates of birth,
  217  and photographs of current or former emergency medical
  218  technicians or paramedics certified under chapter 401; the
  219  names, home addresses, telephone numbers, dates of birth, and
  220  places of employment of the spouses and children of such
  221  emergency medical technicians or paramedics; and the names and
  222  locations of schools and day care facilities attended by the
  223  children of such emergency medical technicians or paramedics are
  224  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  225  Constitution.
  226         r. The home addresses, telephone numbers, dates of birth,
  227  and photographs of current or former personnel employed in an
  228  agency’s office of inspector general or internal audit
  229  department whose duties include auditing or investigating waste,
  230  fraud, abuse, theft, exploitation, or other activities that
  231  could lead to criminal prosecution or administrative discipline;
  232  the names, home addresses, telephone numbers, dates of birth,
  233  and places of employment of spouses and children of such
  234  personnel; and the names and locations of schools and day care
  235  facilities attended by the children of such personnel are exempt
  236  from s. 119.07(1) and s. 24(a), Art. I of the State
  237  Constitution.
  238         s. The home addresses, telephone numbers, dates of birth,
  239  and photographs of current or former directors, managers,
  240  supervisors, nurses, and clinical employees of an addiction
  241  treatment facility; the home addresses, telephone numbers,
  242  photographs, dates of birth, and places of employment of the
  243  spouses and children of such personnel; and the names and
  244  locations of schools and day care facilities attended by the
  245  children of such personnel are exempt from s. 119.07(1) and s.
  246  24(a), Art. I of the State Constitution. For purposes of this
  247  sub-subparagraph, the term “addiction treatment facility” means
  248  a county government, or agency thereof, that is licensed
  249  pursuant to s. 397.401 and provides substance abuse prevention,
  250  intervention, or clinical treatment, including any licensed
  251  service component described in s. 397.311(26).
  252         t. The home addresses, telephone numbers, dates of birth,
  253  and photographs of current or former directors, managers,
  254  supervisors, and clinical employees of a child advocacy center
  255  that meets the standards of s. 39.3035(2) and fulfills the
  256  screening requirement of s. 39.3035(3), and the members of a
  257  Child Protection Team as described in s. 39.303 whose duties
  258  include supporting the investigation of child abuse or sexual
  259  abuse, child abandonment, child neglect, and child exploitation
  260  or to provide services as part of a multidisciplinary case
  261  review team; the names, home addresses, telephone numbers,
  262  photographs, dates of birth, and places of employment of the
  263  spouses and children of such personnel and members; and the
  264  names and locations of schools and day care facilities attended
  265  by the children of such personnel and members are exempt from s.
  266  119.07(1) and s. 24(a), Art. I of the State Constitution.
  267         u. The home addresses, telephone numbers, places of
  268  employment, dates of birth, and photographs of current or former
  269  staff and domestic violence advocates, as defined in s.
  270  90.5036(1)(b), of domestic violence centers certified by the
  271  Department of Children and Families under chapter 39; the names,
  272  home addresses, telephone numbers, places of employment, dates
  273  of birth, and photographs of the spouses and children of such
  274  personnel; and the names and locations of schools and day care
  275  facilities attended by the children of such personnel are exempt
  276  from s. 119.07(1) and s. 24(a), Art. I of the State
  277  Constitution.
  278         3. An agency that is the custodian of the information
  279  specified in subparagraph 2. and that is not the employer of the
  280  officer, employee, justice, judge, or other person specified in
  281  subparagraph 2. must maintain the exempt status of that
  282  information only if the officer, employee, justice, judge, other
  283  person, or employing agency of the designated employee submits a
  284  written and notarized request for maintenance of the exemption
  285  to the custodial agency. The request must state under oath the
  286  statutory basis for the individual’s exemption request and
  287  confirm the individual’s status as a party eligible for exempt
  288  status.
  289         4.a. A county property appraiser, as defined in s.
  290  192.001(3), or a county tax collector, as defined in s.
  291  192.001(4), who receives a written and notarized request for
  292  maintenance of the exemption pursuant to subparagraph 3. must
  293  comply by removing the name of the individual with exempt status
  294  and the instrument number or Official Records book and page
  295  number identifying the property with the exempt status from all
  296  publicly available records maintained by the property appraiser
  297  or tax collector. For written requests received on or before
  298  July 1, 2021, a county property appraiser or county tax
  299  collector must comply with this sub-subparagraph by October 1,
  300  2021. A county property appraiser or county tax collector may
  301  not remove the street address, legal description, or other
  302  information identifying real property within the agency’s
  303  records so long as a name or personal information otherwise
  304  exempt from inspection and copying pursuant to this section are
  305  not associated with the property or otherwise displayed in the
  306  public records of the agency.
  307         b. Any information restricted from public display,
  308  inspection, or copying under sub-subparagraph a. must be
  309  provided to the individual whose information was removed.
  310         5. An officer, an employee, a justice, a judge, or other
  311  person specified in subparagraph 2. may submit a written request
  312  for the release of his or her exempt information to the
  313  custodial agency. The written request must be notarized and must
  314  specify the information to be released and the party authorized
  315  to receive the information. Upon receipt of the written request,
  316  the custodial agency must release the specified information to
  317  the party authorized to receive such information.
  318         6. The exemptions in this paragraph apply to information
  319  held by an agency before, on, or after the effective date of the
  320  exemption.
  321         7. Information made exempt under this paragraph may be
  322  disclosed pursuant to s. 28.2221 to a title insurer authorized
  323  pursuant to s. 624.401 and its affiliates as defined in s.
  324  624.10; a title insurance agent or title insurance agency as
  325  defined in s. 626.841(1) or (2), respectively; or an attorney
  326  duly admitted to practice law in this state and in good standing
  327  with The Florida Bar.
  328         8. The exempt status of a home address contained in the
  329  Official Records is maintained only during the period when a
  330  protected party resides at the dwelling location. Upon
  331  conveyance of real property after October 1, 2021, and when such
  332  real property no longer constitutes a protected party’s home
  333  address as defined in sub-subparagraph 1.a., the protected party
  334  must submit a written request to release the removed information
  335  to the county recorder. The written request to release the
  336  removed information must be notarized, must confirm that a
  337  protected party’s request for release is pursuant to a
  338  conveyance of his or her dwelling location, and must specify the
  339  Official Records book and page, instrument number, or clerk’s
  340  file number for each document containing the information to be
  341  released.
  342         9. Upon the death of a protected party as verified by a
  343  certified copy of a death certificate or court order, any party
  344  can request the county recorder to release a protected
  345  decedent’s removed information unless there is a related request
  346  on file with the county recorder for continued removal of the
  347  decedent’s information or unless such removal is otherwise
  348  prohibited by statute or by court order. The written request to
  349  release the removed information upon the death of a protected
  350  party must attach the certified copy of a death certificate or
  351  court order and must be notarized, must confirm the request for
  352  release is due to the death of a protected party, and must
  353  specify the Official Records book and page number, instrument
  354  number, or clerk’s file number for each document containing the
  355  information to be released. A fee may not be charged for the
  356  release of any document pursuant to such request.
  357         10. Except as otherwise expressly provided in this
  358  paragraph, thisThis paragraph is subject to the Open Government
  359  Sunset Review Act in accordance with s. 119.15 and shall stand
  360  repealed on October 2, 2024, unless reviewed and saved from
  361  repeal through reenactment by the Legislature.
  362         Section 2. The Legislature finds that it is a public
  363  necessity that the home addresses, dates of birth, and telephone
  364  numbers of current judicial assistants; the names, home
  365  addresses, telephone numbers, dates of birth, and places of
  366  employment of the spouses and children of such judicial
  367  assistants; and the names and locations of schools and day care
  368  facilities attended by the children of such judicial assistants
  369  be made exempt from s. 119.07(1), Florida Statutes, and s.
  370  24(a), Article I of the State Constitution. Such identifying and
  371  location information can be used as a tool to perpetrate fraud
  372  against an individual or to acquire sensitive personal,
  373  financial, medical, and familial information, the release of
  374  which could cause great financial harm to the individual. In the
  375  course of assisting in reviewing cases, maintaining the court
  376  docket, screening phone calls and visitors to a justice's or
  377  judge's chambers, preparing orders, and coordinating and problem
  378  solving with attorneys and litigants, judicial assistants may
  379  incur the ill will of litigants, the accused, the convicted, and
  380  their associates and families, thus making judicial assistants
  381  and their spouses and children targets for acts of revenge. If
  382  such identifying and location information is released, the
  383  safety of current judicial assistants and their spouses and
  384  children could be seriously jeopardized. For these reasons, the
  385  Legislature finds that it is a public necessity that such
  386  information be made exempt from public records requirements.
  387         Section 3. This act shall take effect July 1, 2023.
  388  
  389  ================= T I T L E  A M E N D M E N T ================
  390  And the title is amended as follows:
  391         Delete everything before the enacting clause
  392  and insert:
  393                        A bill to be entitled                      
  394         An act relating to public records; amending s.
  395         119.071, F.S.; providing a definition; adding current
  396         judicial assistants and their spouses and children to
  397         the specified agency personnel and family members to
  398         whom an exemption from public records requirements
  399         applies; providing for retroactive application of the
  400         exemption; providing for future legislative review and
  401         repeal of the exemption; providing a statement of
  402         public necessity; providing an effective date.