Florida Senate - 2024 SB 1632 By Senator Collins 14-00732-24 20241632__ 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 certain current or former 6 personnel of the Agency for Health Care Administration 7 and their spouses and children; providing for future 8 legislative review and repeal of the exemption; 9 providing for retroactive application; providing a 10 statement of public necessity; providing an effective 11 date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraph (d) of subsection (4) of section 16 119.071, Florida Statutes, is amended to read: 17 119.071 General exemptions from inspection or copying of 18 public records.— 19 (4) AGENCY PERSONNEL INFORMATION.— 20 (d)1. For purposes of this paragraph, the term: 21 a. “Home addresses” means the dwelling location at which an 22 individual resides and includes the physical address, mailing 23 address, street address, parcel identification number, plot 24 identification number, legal property description, neighborhood 25 name and lot number, GPS coordinates, and any other descriptive 26 property information that may reveal the home address. 27 b. “Judicial assistant” means a court employee assigned to 28 the following class codes: 8140, 8150, 8310, and 8320. 29 c. “Telephone numbers” includes home telephone numbers, 30 personal cellular telephone numbers, personal pager telephone 31 numbers, and telephone numbers associated with personal 32 communications devices. 33 2.a. The home addresses, telephone numbers, dates of birth, 34 and photographs of active or former sworn law enforcement 35 personnel or of active or former civilian personnel employed by 36 a law enforcement agency, including correctional and 37 correctional probation officers, personnel of the Department of 38 Children and Families whose duties include the investigation of 39 abuse, neglect, exploitation, fraud, theft, or other criminal 40 activities, personnel of the Department of Health whose duties 41 are to support the investigation of child abuse or neglect, and 42 personnel of the Department of Revenue or local governments 43 whose responsibilities include revenue collection and 44 enforcement or child support enforcement; the names, home 45 addresses, telephone numbers, photographs, 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 b. The home addresses, telephone numbers, dates of birth, 52 and photographs of current or former nonsworn investigative 53 personnel of the Department of Financial Services whose duties 54 include the investigation of fraud, theft, workers’ compensation 55 coverage requirements and compliance, other related criminal 56 activities, or state regulatory requirement violations; the 57 names, home addresses, telephone numbers, dates of birth, and 58 places of employment of the spouses and children of such 59 personnel; and the names and locations of schools and day care 60 facilities attended by the children of such personnel are exempt 61 from s. 119.07(1) and s. 24(a), Art. I of the State 62 Constitution. 63 c. The home addresses, telephone numbers, dates of birth, 64 and photographs of current or former nonsworn investigative 65 personnel of the Office of Financial Regulation’s Bureau of 66 Financial Investigations whose duties include the investigation 67 of fraud, theft, other related criminal activities, or state 68 regulatory requirement violations; the names, home addresses, 69 telephone numbers, dates of birth, and places of employment of 70 the spouses and children of such personnel; and the names and 71 locations of schools and day care facilities attended by the 72 children of such personnel are exempt from s. 119.07(1) and s. 73 24(a), Art. I of the State Constitution. 74 d. The home addresses, telephone numbers, dates of birth, 75 and photographs of current or former firefighters certified in 76 compliance with s. 633.408; the names, home addresses, telephone 77 numbers, photographs, dates of birth, and places of employment 78 of the spouses and children of such firefighters; and the names 79 and locations of schools and day care facilities attended by the 80 children of such firefighters are exempt from s. 119.07(1) and 81 s. 24(a), Art. I of the State Constitution. 82 e. The home addresses, dates of birth, and telephone 83 numbers of current or former justices of the Supreme Court, 84 district court of appeal judges, circuit court judges, and 85 county court judges, and of current judicial assistants; the 86 names, home addresses, telephone numbers, dates of birth, and 87 places of employment of the spouses and children of current or 88 former justices and judges and of current judicial assistants; 89 and the names and locations of schools and day care facilities 90 attended by the children of current or former justices and 91 judges and of current judicial assistants are exempt from s. 92 119.07(1) and s. 24(a), Art. I of the State Constitution. This 93 sub-subparagraph is subject to the Open Government Sunset Review 94 Act in accordance with s. 119.15 and shall stand repealed on 95 October 2, 2028, unless reviewed and saved from repeal through 96 reenactment by the Legislature. 97 f. The home addresses, telephone numbers, dates of birth, 98 and photographs of current or former state attorneys, assistant 99 state attorneys, statewide prosecutors, or assistant statewide 100 prosecutors; the names, home addresses, telephone numbers, 101 photographs, dates of birth, and places of employment of the 102 spouses and children of current or former state attorneys, 103 assistant state attorneys, statewide prosecutors, or assistant 104 statewide prosecutors; and the names and locations of schools 105 and day care facilities attended by the children of current or 106 former state attorneys, assistant state attorneys, statewide 107 prosecutors, or assistant statewide prosecutors are exempt from 108 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 109 g. The home addresses, dates of birth, and telephone 110 numbers of general magistrates, special magistrates, judges of 111 compensation claims, administrative law judges of the Division 112 of Administrative Hearings, and child support enforcement 113 hearing officers; the names, home addresses, telephone numbers, 114 dates of birth, and places of employment of the spouses and 115 children of general magistrates, special magistrates, judges of 116 compensation claims, administrative law judges of the Division 117 of Administrative Hearings, and child support enforcement 118 hearing officers; and the names and locations of schools and day 119 care facilities attended by the children of general magistrates, 120 special magistrates, judges of compensation claims, 121 administrative law judges of the Division of Administrative 122 Hearings, and child support enforcement hearing officers are 123 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 124 Constitution. 125 h. The home addresses, telephone numbers, dates of birth, 126 and photographs of current or former human resource, labor 127 relations, or employee relations directors, assistant directors, 128 managers, or assistant managers of any local government agency 129 or water management district whose duties include hiring and 130 firing employees, labor contract negotiation, administration, or 131 other personnel-related duties; the names, home addresses, 132 telephone numbers, dates of birth, and places of employment of 133 the spouses and children of such personnel; and the names and 134 locations of schools and day care facilities attended by the 135 children of such personnel are exempt from s. 119.07(1) and s. 136 24(a), Art. I of the State Constitution. 137 i. The home addresses, telephone numbers, dates of birth, 138 and photographs of current or former code enforcement officers; 139 the names, home addresses, telephone numbers, dates of birth, 140 and places of employment of the spouses and children of such 141 personnel; and the names and locations of schools and day care 142 facilities attended by the children of such personnel are exempt 143 from s. 119.07(1) and s. 24(a), Art. I of the State 144 Constitution. 145 j. The home addresses, telephone numbers, places of 146 employment, dates of birth, and photographs of current or former 147 guardians ad litem, as defined in s. 39.820; the names, home 148 addresses, telephone numbers, dates of birth, and places of 149 employment of the spouses and children of such persons; and the 150 names and locations of schools and day care facilities attended 151 by the children of such persons are exempt from s. 119.07(1) and 152 s. 24(a), Art. I of the State Constitution. 153 k. The home addresses, telephone numbers, dates of birth, 154 and photographs of current or former juvenile probation 155 officers, juvenile probation supervisors, detention 156 superintendents, assistant detention superintendents, juvenile 157 justice detention officers I and II, juvenile justice detention 158 officer supervisors, juvenile justice residential officers, 159 juvenile justice residential officer supervisors I and II, 160 juvenile justice counselors, juvenile justice counselor 161 supervisors, human services counselor administrators, senior 162 human services counselor administrators, rehabilitation 163 therapists, and social services counselors of the Department of 164 Juvenile Justice; the names, home addresses, telephone numbers, 165 dates of birth, and places of employment of spouses and children 166 of such personnel; and the names and locations of schools and 167 day care facilities attended by the children of such personnel 168 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 169 Constitution. 170 l. The home addresses, telephone numbers, dates of birth, 171 and photographs of current or former public defenders, assistant 172 public defenders, criminal conflict and civil regional counsel, 173 and assistant criminal conflict and civil regional counsel; the 174 names, home addresses, telephone numbers, dates of birth, and 175 places of employment of the spouses and children of current or 176 former public defenders, assistant public defenders, criminal 177 conflict and civil regional counsel, and assistant criminal 178 conflict and civil regional counsel; and the names and locations 179 of schools and day care facilities attended by the children of 180 current or former public defenders, assistant public defenders, 181 criminal conflict and civil regional counsel, and assistant 182 criminal conflict and civil regional counsel are exempt from s. 183 119.07(1) and s. 24(a), Art. I of the State Constitution. 184 m. The home addresses, telephone numbers, dates of birth, 185 and photographs of current or former investigators or inspectors 186 of the Department of Business and Professional Regulation; the 187 names, home addresses, telephone numbers, dates of birth, and 188 places of employment of the spouses and children of such current 189 or former investigators and inspectors; and the names and 190 locations of schools and day care facilities attended by the 191 children of such current or former investigators and inspectors 192 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 193 Constitution. 194 n. The home addresses, telephone numbers, and dates of 195 birth of county tax collectors; the names, home addresses, 196 telephone numbers, dates of birth, and places of employment of 197 the spouses and children of such tax collectors; and the names 198 and locations of schools and day care facilities attended by the 199 children of such tax collectors are exempt from s. 119.07(1) and 200 s. 24(a), Art. I of the State Constitution. 201 o. The home addresses, telephone numbers, dates of birth, 202 and photographs of current or former personnel of the Department 203 of Health whose duties include, or result in, the determination 204 or adjudication of eligibility for social security disability 205 benefits, the investigation or prosecution of complaints filed 206 against health care practitioners, or the inspection of health 207 care practitioners or health care facilities licensed by the 208 Department of Health; the names, home addresses, telephone 209 numbers, dates of birth, and places of employment of the spouses 210 and children of such personnel; and the names and locations of 211 schools and day care facilities attended by the children of such 212 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 213 the State Constitution. 214 p. The home addresses, telephone numbers, dates of birth, 215 and photographs of current or former impaired practitioner 216 consultants who are retained by an agency or current or former 217 employees of an impaired practitioner consultant whose duties 218 result in a determination of a person’s skill and safety to 219 practice a licensed profession; the names, home addresses, 220 telephone numbers, dates of birth, and places of employment of 221 the spouses and children of such consultants or their employees; 222 and the names and locations of schools and day care facilities 223 attended by the children of such consultants or employees are 224 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 225 Constitution. 226 q. The home addresses, telephone numbers, dates of birth, 227 and photographs of current or former emergency medical 228 technicians or paramedics certified under chapter 401; the 229 names, home addresses, telephone numbers, dates of birth, and 230 places of employment of the spouses and children of such 231 emergency medical technicians or paramedics; and the names and 232 locations of schools and day care facilities attended by the 233 children of such emergency medical technicians or paramedics are 234 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 235 Constitution. 236 r. The home addresses, telephone numbers, dates of birth, 237 and photographs of current or former personnel employed in an 238 agency’s office of inspector general or internal audit 239 department whose duties include auditing or investigating waste, 240 fraud, abuse, theft, exploitation, or other activities that 241 could lead to criminal prosecution or administrative discipline; 242 the names, home addresses, telephone numbers, dates of birth, 243 and places of employment of spouses and children of such 244 personnel; and the names and locations of schools and day care 245 facilities attended by the children of such personnel are exempt 246 from s. 119.07(1) and s. 24(a), Art. I of the State 247 Constitution. 248 s. The home addresses, telephone numbers, dates of birth, 249 and photographs of current or former directors, managers, 250 supervisors, nurses, and clinical employees of an addiction 251 treatment facility; the home addresses, telephone numbers, 252 photographs, dates of birth, and places of employment of the 253 spouses and children of such personnel; and the names and 254 locations of schools and day care facilities attended by the 255 children of such personnel are exempt from s. 119.07(1) and s. 256 24(a), Art. I of the State Constitution. For purposes of this 257 sub-subparagraph, the term “addiction treatment facility” means 258 a county government, or agency thereof, that is licensed 259 pursuant to s. 397.401 and provides substance abuse prevention, 260 intervention, or clinical treatment, including any licensed 261 service component described in s. 397.311(26). 262 t. The home addresses, telephone numbers, dates of birth, 263 and photographs of current or former directors, managers, 264 supervisors, and clinical employees of a child advocacy center 265 that meets the standards of s. 39.3035(2) and fulfills the 266 screening requirement of s. 39.3035(3), and the members of a 267 Child Protection Team as described in s. 39.303 whose duties 268 include supporting the investigation of child abuse or sexual 269 abuse, child abandonment, child neglect, and child exploitation 270 or to provide services as part of a multidisciplinary case 271 review team; the names, home addresses, telephone numbers, 272 photographs, dates of birth, and places of employment of the 273 spouses and children of such personnel and members; and the 274 names and locations of schools and day care facilities attended 275 by the children of such personnel and members are exempt from s. 276 119.07(1) and s. 24(a), Art. I of the State Constitution. 277 u. The home addresses, telephone numbers, places of 278 employment, dates of birth, and photographs of current or former 279 staff and domestic violence advocates, as defined in s. 280 90.5036(1)(b), of domestic violence centers certified by the 281 Department of Children and Families under chapter 39; the names, 282 home addresses, telephone numbers, places of employment, dates 283 of birth, and photographs of the spouses and children of such 284 personnel; and the names and locations of schools and day care 285 facilities attended by the children of such personnel are exempt 286 from s. 119.07(1) and s. 24(a), Art. I of the State 287 Constitution. 288 v. The home addresses, telephone numbers, dates of birth, 289 and photographs of current or former inspectors or investigators 290 of the Department of Agriculture and Consumer Services; the 291 names, home addresses, telephone numbers, dates of birth, and 292 places of employment of the spouses and children of current or 293 former inspectors or investigators; and the names and locations 294 of schools and day care facilities attended by the children of 295 current or former inspectors or investigators are exempt from s. 296 119.07(1) and s. 24(a), Art. I of the State Constitution. This 297 sub-subparagraph is subject to the Open Government Sunset Review 298 Act in accordance with s. 119.15 and shall stand repealed on 299 October 2, 2028, unless reviewed and saved from repeal through 300 reenactment by the Legislature. 301 w. The home addresses, telephone numbers, dates of birth, 302 and photographs of current or former personnel of the Agency for 303 Health Care Administration whose duties include the 304 investigation of complaints filed against health care facilities 305 or the inspection of health care facilities licensed or 306 certified by agency; the names, home addresses, telephone 307 numbers, dates of birth, and places of employment of the spouses 308 and children of such personnel; and the names and locations of 309 schools and day care facilities attended by the children of such 310 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 311 the State Constitution. This sub-subparagraph is subject to the 312 Open Government Sunset Review Act in accordance with s. 119.15 313 and shall stand repealed on October 2, 2029, unless reviewed and 314 saved from repeal through reenactment by the Legislature. 315 3. An agency that is the custodian of the information 316 specified in subparagraph 2. and that is not the employer of the 317 officer, employee, justice, judge, or other person specified in 318 subparagraph 2. must maintain the exempt status of that 319 information only if the officer, employee, justice, judge, other 320 person, or employing agency of the designated employee submits a 321 written and notarized request for maintenance of the exemption 322 to the custodial agency. The request must state under oath the 323 statutory basis for the individual’s exemption request and 324 confirm the individual’s status as a party eligible for exempt 325 status. 326 4.a. A county property appraiser, as defined in s. 327 192.001(3), or a county tax collector, as defined in s. 328 192.001(4), who receives a written and notarized request for 329 maintenance of the exemption pursuant to subparagraph 3. must 330 comply by removing the name of the individual with exempt status 331 and the instrument number or Official Records book and page 332 number identifying the property with the exempt status from all 333 publicly available records maintained by the property appraiser 334 or tax collector. For written requests received on or before 335 July 1, 2021, a county property appraiser or county tax 336 collector must comply with this sub-subparagraph by October 1, 337 2021. A county property appraiser or county tax collector may 338 not remove the street address, legal description, or other 339 information identifying real property within the agency’s 340 records so long as a name or personal information otherwise 341 exempt from inspection and copying pursuant to this section is 342 not associated with the property or otherwise displayed in the 343 public records of the agency. 344 b. Any information restricted from public display, 345 inspection, or copying under sub-subparagraph a. must be 346 provided to the individual whose information was removed. 347 5. An officer, an employee, a justice, a judge, or other 348 person specified in subparagraph 2. may submit a written request 349 for the release of his or her exempt information to the 350 custodial agency. The written request must be notarized and must 351 specify the information to be released and the party authorized 352 to receive the information. Upon receipt of the written request, 353 the custodial agency must release the specified information to 354 the party authorized to receive such information. 355 6. The exemptions in this paragraph apply to information 356 held by an agency before, on, or after the effective date of the 357 exemption. 358 7. Information made exempt under this paragraph may be 359 disclosed pursuant to s. 28.2221 to a title insurer authorized 360 pursuant to s. 624.401 and its affiliates as defined in s. 361 624.10; a title insurance agent or title insurance agency as 362 defined in s. 626.841(1) or (2), respectively; or an attorney 363 duly admitted to practice law in this state and in good standing 364 with The Florida Bar. 365 8. The exempt status of a home address contained in the 366 Official Records is maintained only during the period when a 367 protected party resides at the dwelling location. Upon 368 conveyance of real property after October 1, 2021, and when such 369 real property no longer constitutes a protected party’s home 370 address as defined in sub-subparagraph 1.a., the protected party 371 must submit a written request to release the removed information 372 to the county recorder. The written request to release the 373 removed information must be notarized, must confirm that a 374 protected party’s request for release is pursuant to a 375 conveyance of his or her dwelling location, and must specify the 376 Official Records book and page, instrument number, or clerk’s 377 file number for each document containing the information to be 378 released. 379 9. Upon the death of a protected party as verified by a 380 certified copy of a death certificate or court order, any party 381 can request the county recorder to release a protected 382 decedent’s removed information unless there is a related request 383 on file with the county recorder for continued removal of the 384 decedent’s information or unless such removal is otherwise 385 prohibited by statute or by court order. The written request to 386 release the removed information upon the death of a protected 387 party must attach the certified copy of a death certificate or 388 court order and must be notarized, must confirm the request for 389 release is due to the death of a protected party, and must 390 specify the Official Records book and page number, instrument 391 number, or clerk’s file number for each document containing the 392 information to be released. A fee may not be charged for the 393 release of any document pursuant to such request. 394 10. Except as otherwise expressly provided in this 395 paragraph, this paragraph is subject to the Open Government 396 Sunset Review Act in accordance with s. 119.15 and shall stand 397 repealed on October 2, 2024, unless reviewed and saved from 398 repeal through reenactment by the Legislature. 399 Section 2. The Legislature finds that it is a public 400 necessity that the home addresses, telephone numbers, dates of 401 birth, and photographs of current or former personnel of the 402 Agency for Health Care Administration whose duties include the 403 investigation of complaints filed against health care facilities 404 or the inspection of health care facilities licensed or 405 certified by the Agency for Health Care Administration; the 406 names, home addresses, telephone numbers, dates of birth, and 407 places of employment of the spouses and children of such 408 personnel; and the names and locations of schools and day care 409 facilities attended by the children of such personnel be made 410 exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 411 Article I of the State Constitution. The Legislature finds that 412 the release of such personal identifying and location 413 information might place the agency’s current or former personnel 414 and their family members in danger of physical and emotional 415 harm from disgruntled individuals who have contentious reactions 416 to actions carried out by such personnel or whose business or 417 professional practices have come under scrutiny as a result of 418 such investigations and agency actions. The Legislature further 419 finds that the harm that may result from the release of such 420 personal identifying and location information outweighs any 421 public benefit that may be derived from the disclosure of the 422 information. 423 Section 3. This act shall take effect July 1, 2024.