Florida Senate - 2024 SB 1298 By Senator Davis 5-01303-24 20241298__ 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 and former personnel 6 and commissioners of the Florida Commission on Human 7 Relations and the names and personal identifying and 8 location information of the spouses and children of 9 such personnel and commissioners; providing for future 10 legislative review and repeal of the exemption; 11 providing retroactive application; providing a 12 statement of public necessity; providing an effective 13 date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Paragraph (d) of subsection (4) of section 18 119.071, Florida Statutes, is amended to read: 19 119.071 General exemptions from inspection or copying of 20 public records.— 21 (4) AGENCY PERSONNEL INFORMATION.— 22 (d)1. For purposes of this paragraph, the term: 23 a. “Home addresses” means the dwelling location at which an 24 individual resides and includes the physical address, mailing 25 address, street address, parcel identification number, plot 26 identification number, legal property description, neighborhood 27 name and lot number, GPS coordinates, and any other descriptive 28 property information that may reveal the home address. 29 b. “Judicial assistant” means a court employee assigned to 30 the following class codes: 8140, 8150, 8310, and 8320. 31 c. “Telephone numbers” includes home telephone numbers, 32 personal cellular telephone numbers, personal pager telephone 33 numbers, and telephone numbers associated with personal 34 communications devices. 35 2.a. The home addresses, telephone numbers, dates of birth, 36 and photographs of active or former sworn law enforcement 37 personnel or of active or former civilian personnel employed by 38 a law enforcement agency, including correctional and 39 correctional probation officers, personnel of the Department of 40 Children and Families whose duties include the investigation of 41 abuse, neglect, exploitation, fraud, theft, or other criminal 42 activities, personnel of the Department of Health whose duties 43 are to support the investigation of child abuse or neglect, and 44 personnel of the Department of Revenue or local governments 45 whose responsibilities include revenue collection and 46 enforcement or child support enforcement; the names, home 47 addresses, telephone numbers, photographs, 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 b. The home addresses, telephone numbers, dates of birth, 54 and photographs of current or former nonsworn investigative 55 personnel of the Department of Financial Services whose duties 56 include the investigation of fraud, theft, workers’ compensation 57 coverage requirements and compliance, other related criminal 58 activities, or state regulatory requirement violations; the 59 names, home addresses, telephone numbers, dates of birth, and 60 places of employment of the spouses and children of such 61 personnel; and the names and locations of schools and day care 62 facilities attended by the children of such personnel are exempt 63 from s. 119.07(1) and s. 24(a), Art. I of the State 64 Constitution. 65 c. The home addresses, telephone numbers, dates of birth, 66 and photographs of current or former nonsworn investigative 67 personnel of the Office of Financial Regulation’s Bureau of 68 Financial Investigations whose duties include the investigation 69 of fraud, theft, other related criminal activities, or state 70 regulatory requirement violations; the names, home addresses, 71 telephone numbers, dates of birth, and places of employment of 72 the spouses and children of such personnel; and the names and 73 locations of schools and day care facilities attended by the 74 children of such personnel are exempt from s. 119.07(1) and s. 75 24(a), Art. I of the State Constitution. 76 d. The home addresses, telephone numbers, dates of birth, 77 and photographs of current or former firefighters certified in 78 compliance with s. 633.408; the names, home addresses, telephone 79 numbers, photographs, dates of birth, and places of employment 80 of the spouses and children of such firefighters; and the names 81 and locations of schools and day care facilities attended by the 82 children of such firefighters are exempt from s. 119.07(1) and 83 s. 24(a), Art. I of the State Constitution. 84 e. The home addresses, dates of birth, and telephone 85 numbers of current or former justices of the Supreme Court, 86 district court of appeal judges, circuit court judges, and 87 county court judges, and of current judicial assistants; the 88 names, home addresses, telephone numbers, dates of birth, and 89 places of employment of the spouses and children of current or 90 former justices and judges and of current judicial assistants; 91 and the names and locations of schools and day care facilities 92 attended by the children of current or former justices and 93 judges and of current judicial assistants are exempt from s. 94 119.07(1) and s. 24(a), Art. I of the State Constitution. This 95 sub-subparagraph is subject to the Open Government Sunset Review 96 Act in accordance with s. 119.15 and shall stand repealed on 97 October 2, 2028, unless reviewed and saved from repeal through 98 reenactment by the Legislature. 99 f. The home addresses, telephone numbers, dates of birth, 100 and photographs of current or former state attorneys, assistant 101 state attorneys, statewide prosecutors, or assistant statewide 102 prosecutors; the names, home addresses, telephone numbers, 103 photographs, dates of birth, and places of employment of the 104 spouses and children of current or former state attorneys, 105 assistant state attorneys, statewide prosecutors, or assistant 106 statewide prosecutors; and the names and locations of schools 107 and day care facilities attended by the children of current or 108 former state attorneys, assistant state attorneys, statewide 109 prosecutors, or assistant statewide prosecutors are exempt from 110 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 111 g. The home addresses, dates of birth, and telephone 112 numbers of general magistrates, special magistrates, judges of 113 compensation claims, administrative law judges of the Division 114 of Administrative Hearings, and child support enforcement 115 hearing officers; the names, home addresses, telephone numbers, 116 dates of birth, and places of employment of the spouses and 117 children of general magistrates, special magistrates, judges of 118 compensation claims, administrative law judges of the Division 119 of Administrative Hearings, and child support enforcement 120 hearing officers; and the names and locations of schools and day 121 care facilities attended by the children of general magistrates, 122 special magistrates, judges of compensation claims, 123 administrative law judges of the Division of Administrative 124 Hearings, and child support enforcement hearing officers are 125 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 126 Constitution. 127 h. The home addresses, telephone numbers, dates of birth, 128 and photographs of current or former human resource, labor 129 relations, or employee relations directors, assistant directors, 130 managers, or assistant managers of any local government agency 131 or water management district whose duties include hiring and 132 firing employees, labor contract negotiation, administration, or 133 other personnel-related duties; the names, home addresses, 134 telephone numbers, dates of birth, and places of employment of 135 the spouses and children of such personnel; and the names and 136 locations of schools and day care facilities attended by the 137 children of such personnel are exempt from s. 119.07(1) and s. 138 24(a), Art. I of the State Constitution. 139 i. The home addresses, telephone numbers, dates of birth, 140 and photographs of current or former code enforcement officers; 141 the names, home addresses, telephone numbers, dates of birth, 142 and places of employment of the spouses and children of such 143 personnel; and the names and locations of schools and day care 144 facilities attended by the children of such personnel are exempt 145 from s. 119.07(1) and s. 24(a), Art. I of the State 146 Constitution. 147 j. The home addresses, telephone numbers, places of 148 employment, dates of birth, and photographs of current or former 149 guardians ad litem, as defined in s. 39.820; the names, home 150 addresses, telephone numbers, dates of birth, and places of 151 employment of the spouses and children of such persons; and the 152 names and locations of schools and day care facilities attended 153 by the children of such persons are exempt from s. 119.07(1) and 154 s. 24(a), Art. I of the State Constitution. 155 k. The home addresses, telephone numbers, dates of birth, 156 and photographs of current or former juvenile probation 157 officers, juvenile probation supervisors, detention 158 superintendents, assistant detention superintendents, juvenile 159 justice detention officers I and II, juvenile justice detention 160 officer supervisors, juvenile justice residential officers, 161 juvenile justice residential officer supervisors I and II, 162 juvenile justice counselors, juvenile justice counselor 163 supervisors, human services counselor administrators, senior 164 human services counselor administrators, rehabilitation 165 therapists, and social services counselors of the Department of 166 Juvenile Justice; the names, home addresses, telephone numbers, 167 dates of birth, and places of employment of spouses and children 168 of such personnel; and the names and locations of schools and 169 day care facilities attended by the children of such personnel 170 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 171 Constitution. 172 l. The home addresses, telephone numbers, dates of birth, 173 and photographs of current or former public defenders, assistant 174 public defenders, criminal conflict and civil regional counsel, 175 and assistant criminal conflict and civil regional counsel; the 176 names, home addresses, telephone numbers, dates of birth, and 177 places of employment of the spouses and children of current or 178 former public defenders, assistant public defenders, criminal 179 conflict and civil regional counsel, and assistant criminal 180 conflict and civil regional counsel; and the names and locations 181 of schools and day care facilities attended by the children of 182 current or former public defenders, assistant public defenders, 183 criminal conflict and civil regional counsel, and assistant 184 criminal conflict and civil regional counsel are exempt from s. 185 119.07(1) and s. 24(a), Art. I of the State Constitution. 186 m. The home addresses, telephone numbers, dates of birth, 187 and photographs of current or former investigators or inspectors 188 of the Department of Business and Professional Regulation; the 189 names, home addresses, telephone numbers, dates of birth, and 190 places of employment of the spouses and children of such current 191 or former investigators and inspectors; and the names and 192 locations of schools and day care facilities attended by the 193 children of such current or former investigators and inspectors 194 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 195 Constitution. 196 n. The home addresses, telephone numbers, and dates of 197 birth of county tax collectors; the names, home addresses, 198 telephone numbers, dates of birth, and places of employment of 199 the spouses and children of such tax collectors; and the names 200 and locations of schools and day care facilities attended by the 201 children of such tax collectors are exempt from s. 119.07(1) and 202 s. 24(a), Art. I of the State Constitution. 203 o. The home addresses, telephone numbers, dates of birth, 204 and photographs of current or former personnel of the Department 205 of Health whose duties include, or result in, the determination 206 or adjudication of eligibility for social security disability 207 benefits, the investigation or prosecution of complaints filed 208 against health care practitioners, or the inspection of health 209 care practitioners or health care facilities licensed by the 210 Department of Health; the names, home addresses, telephone 211 numbers, dates of birth, and places of employment of the spouses 212 and children of such personnel; and the names and locations of 213 schools and day care facilities attended by the children of such 214 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 215 the State Constitution. 216 p. The home addresses, telephone numbers, dates of birth, 217 and photographs of current or former impaired practitioner 218 consultants who are retained by an agency or current or former 219 employees of an impaired practitioner consultant whose duties 220 result in a determination of a person’s skill and safety to 221 practice a licensed profession; the names, home addresses, 222 telephone numbers, dates of birth, and places of employment of 223 the spouses and children of such consultants or their employees; 224 and the names and locations of schools and day care facilities 225 attended by the children of such consultants or employees are 226 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 227 Constitution. 228 q. The home addresses, telephone numbers, dates of birth, 229 and photographs of current or former emergency medical 230 technicians or paramedics certified under chapter 401; the 231 names, home addresses, telephone numbers, dates of birth, and 232 places of employment of the spouses and children of such 233 emergency medical technicians or paramedics; and the names and 234 locations of schools and day care facilities attended by the 235 children of such emergency medical technicians or paramedics are 236 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 237 Constitution. 238 r. The home addresses, telephone numbers, dates of birth, 239 and photographs of current or former personnel employed in an 240 agency’s office of inspector general or internal audit 241 department whose duties include auditing or investigating waste, 242 fraud, abuse, theft, exploitation, or other activities that 243 could lead to criminal prosecution or administrative discipline; 244 the names, home addresses, telephone numbers, dates of birth, 245 and places of employment of spouses and children of such 246 personnel; and the names and locations of schools and day care 247 facilities attended by the children of such personnel are exempt 248 from s. 119.07(1) and s. 24(a), Art. I of the State 249 Constitution. 250 s. The home addresses, telephone numbers, dates of birth, 251 and photographs of current or former directors, managers, 252 supervisors, nurses, and clinical employees of an addiction 253 treatment facility; the home addresses, telephone numbers, 254 photographs, dates of birth, and places of employment of the 255 spouses and children of such personnel; and the names and 256 locations of schools and day care facilities attended by the 257 children of such personnel are exempt from s. 119.07(1) and s. 258 24(a), Art. I of the State Constitution. For purposes of this 259 sub-subparagraph, the term “addiction treatment facility” means 260 a county government, or agency thereof, that is licensed 261 pursuant to s. 397.401 and provides substance abuse prevention, 262 intervention, or clinical treatment, including any licensed 263 service component described in s. 397.311(26). 264 t. The home addresses, telephone numbers, dates of birth, 265 and photographs of current or former directors, managers, 266 supervisors, and clinical employees of a child advocacy center 267 that meets the standards of s. 39.3035(2) and fulfills the 268 screening requirement of s. 39.3035(3), and the members of a 269 Child Protection Team as described in s. 39.303 whose duties 270 include supporting the investigation of child abuse or sexual 271 abuse, child abandonment, child neglect, and child exploitation 272 or to provide services as part of a multidisciplinary case 273 review team; the names, home addresses, telephone numbers, 274 photographs, dates of birth, and places of employment of the 275 spouses and children of such personnel and members; and the 276 names and locations of schools and day care facilities attended 277 by the children of such personnel and members are exempt from s. 278 119.07(1) and s. 24(a), Art. I of the State Constitution. 279 u. The home addresses, telephone numbers, places of 280 employment, dates of birth, and photographs of current or former 281 staff and domestic violence advocates, as defined in s. 282 90.5036(1)(b), of domestic violence centers certified by the 283 Department of Children and Families under chapter 39; the names, 284 home addresses, telephone numbers, places of employment, dates 285 of birth, and photographs of the spouses and children of such 286 personnel; and the names and locations of schools and day care 287 facilities attended by the children of such personnel are exempt 288 from s. 119.07(1) and s. 24(a), Art. I of the State 289 Constitution. 290 v. The home addresses, telephone numbers, dates of birth, 291 and photographs of current or former inspectors or investigators 292 of the Department of Agriculture and Consumer Services; the 293 names, home addresses, telephone numbers, dates of birth, and 294 places of employment of the spouses and children of current or 295 former inspectors or investigators; and the names and locations 296 of schools and day care facilities attended by the children of 297 current or former inspectors or investigators are exempt from s. 298 119.07(1) and s. 24(a), Art. I of the State Constitution. This 299 sub-subparagraph is subject to the Open Government Sunset Review 300 Act in accordance with s. 119.15 and shall stand repealed on 301 October 2, 2028, unless reviewed and saved from repeal through 302 reenactment by the Legislature. 303 w. The home addresses, telephone numbers, dates of birth, 304 and photographs of current or former personnel and commissioners 305 of the Florida Commission on Human Relations whose duties 306 include, or result in, the determination or adjudication of 307 unlawful discrimination or retaliation, the investigation or 308 prosecution of such complaints, or the intake or dismissal of 309 such complaints; the names, home addresses, telephone numbers, 310 dates of birth, photographs, and places of employment of the 311 spouses and children of such personnel and commissioners; and 312 the names and locations of schools and day care facilities 313 attended by the children of such personnel and commissioners are 314 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 315 Constitution. This sub-subparagraph is subject to the Open 316 Government Sunset Review Act in accordance with s. 119.15 and 317 shall stand repealed on October 2, 2029, unless reviewed and 318 saved from repeal through reenactment by the Legislature. 319 3. An agency that is the custodian of the information 320 specified in subparagraph 2. and that is not the employer of the 321 officer, employee, justice, judge, or other person specified in 322 subparagraph 2. must maintain the exempt status of that 323 information only if the officer, employee, justice, judge, other 324 person, or employing agency of the designated employee submits a 325 written and notarized request for maintenance of the exemption 326 to the custodial agency. The request must state under oath the 327 statutory basis for the individual’s exemption request and 328 confirm the individual’s status as a party eligible for exempt 329 status. 330 4.a. A county property appraiser, as defined in s. 331 192.001(3), or a county tax collector, as defined in s. 332 192.001(4), who receives a written and notarized request for 333 maintenance of the exemption pursuant to subparagraph 3. must 334 comply by removing the name of the individual with exempt status 335 and the instrument number or Official Records book and page 336 number identifying the property with the exempt status from all 337 publicly available records maintained by the property appraiser 338 or tax collector. For written requests received on or before 339 July 1, 2021, a county property appraiser or county tax 340 collector must comply with this sub-subparagraph by October 1, 341 2021. A county property appraiser or county tax collector may 342 not remove the street address, legal description, or other 343 information identifying real property within the agency’s 344 records so long as a name or personal information otherwise 345 exempt from inspection and copying pursuant to this section is 346 not associated with the property or otherwise displayed in the 347 public records of the agency. 348 b. Any information restricted from public display, 349 inspection, or copying under sub-subparagraph a. must be 350 provided to the individual whose information was removed. 351 5. An officer, an employee, a justice, a judge, or other 352 person specified in subparagraph 2. may submit a written request 353 for the release of his or her exempt information to the 354 custodial agency. The written request must be notarized and must 355 specify the information to be released and the party authorized 356 to receive the information. Upon receipt of the written request, 357 the custodial agency must release the specified information to 358 the party authorized to receive such information. 359 6. The exemptions in this paragraph apply to information 360 held by an agency before, on, or after the effective date of the 361 exemption. 362 7. Information made exempt under this paragraph may be 363 disclosed pursuant to s. 28.2221 to a title insurer authorized 364 pursuant to s. 624.401 and its affiliates as defined in s. 365 624.10; a title insurance agent or title insurance agency as 366 defined in s. 626.841(1) or (2), respectively; or an attorney 367 duly admitted to practice law in this state and in good standing 368 with The Florida Bar. 369 8. The exempt status of a home address contained in the 370 Official Records is maintained only during the period when a 371 protected party resides at the dwelling location. Upon 372 conveyance of real property after October 1, 2021, and when such 373 real property no longer constitutes a protected party’s home 374 address as defined in sub-subparagraph 1.a., the protected party 375 must submit a written request to release the removed information 376 to the county recorder. The written request to release the 377 removed information must be notarized, must confirm that a 378 protected party’s request for release is pursuant to a 379 conveyance of his or her dwelling location, and must specify the 380 Official Records book and page, instrument number, or clerk’s 381 file number for each document containing the information to be 382 released. 383 9. Upon the death of a protected party as verified by a 384 certified copy of a death certificate or court order, any party 385 can request the county recorder to release a protected 386 decedent’s removed information unless there is a related request 387 on file with the county recorder for continued removal of the 388 decedent’s information or unless such removal is otherwise 389 prohibited by statute or by court order. The written request to 390 release the removed information upon the death of a protected 391 party must attach the certified copy of a death certificate or 392 court order and must be notarized, must confirm the request for 393 release is due to the death of a protected party, and must 394 specify the Official Records book and page number, instrument 395 number, or clerk’s file number for each document containing the 396 information to be released. A fee may not be charged for the 397 release of any document pursuant to such request. 398 10. Except as otherwise expressly provided in this 399 paragraph, this paragraph is subject to the Open Government 400 Sunset Review Act in accordance with s. 119.15 and shall stand 401 repealed on October 2, 2024, unless reviewed and saved from 402 repeal through reenactment by the Legislature. 403 Section 2. The Legislature finds that it is a public 404 necessity that the home addresses, telephone numbers, dates of 405 birth, and photographs of current and former personnel and 406 commissioners of the Florida Commission on Human Relations whose 407 duties include, or result in, the determination or adjudication 408 of unlawful discrimination or retaliation, the investigation or 409 prosecution of such complaints, or the intake or dismissal of 410 such complaints; the names, home addresses, telephone numbers, 411 dates of birth, photographs, and places of employment of the 412 spouses and children of such personnel and commissioners; and 413 the names and locations of schools and day care facilities 414 attended by the children of such personnel and commissioners be 415 made exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 416 Article I of the State Constitution. Such personnel and 417 commissioners and their families are at a heightened risk of 418 physical and emotional harm from dissatisfied individuals who 419 have contentious reactions to actions taken by the Florida 420 Commission on Human Relations. In addition, such personnel and 421 commissioners may be subject to threats or acts of revenge 422 because of the duties they perform. The families of such 423 personnel and commissioners are also endangered by people who 424 may seek to intimidate or harm such personnel and commissioners. 425 The Legislature finds that the harm that may result from the 426 release of such personal identifying and location information 427 outweighs any public benefit that may be derived from the 428 disclosure of the information. 429 Section 3. This act shall take effect July 1, 2024.