Florida Senate - 2024 SENATOR AMENDMENT
Bill No. SB 7030
Ì814038*Î814038
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
02/21/2024 07:24 PM .
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Senator Avila moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 298 - 381
4 and insert:
5 w. The home addresses, telephone numbers, dates of birth,
6 and photographs of current or former personnel of the Agency for
7 Health Care Administration whose duties include the
8 investigation of complaints filed against health care facilities
9 or the inspection of health care facilities licensed or
10 certified by the agency; the names, home addresses, telephone
11 numbers, dates of birth, and places of employment of the spouses
12 and children of such personnel; and the names and locations of
13 schools and day care facilities attended by the children of such
14 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
15 the State Constitution. This sub-subparagraph is subject to the
16 Open Government Sunset Review Act in accordance with s. 119.15
17 and shall stand repealed on October 2, 2029, unless reviewed and
18 saved from repeal through reenactment by the Legislature.
19 3. An agency that is the custodian of the information
20 specified in subparagraph 2. and that is not the employer of the
21 officer, employee, justice, judge, or other person specified in
22 subparagraph 2. must maintain the exempt status of that
23 information only if the officer, employee, justice, judge, other
24 person, or employing agency of the designated employee submits a
25 written and notarized request for maintenance of the exemption
26 to the custodial agency. The request must state under oath the
27 statutory basis for the individual’s exemption request and
28 confirm the individual’s status as a party eligible for exempt
29 status.
30 4.a. A county property appraiser, as defined in s.
31 192.001(3), or a county tax collector, as defined in s.
32 192.001(4), who receives a written and notarized request for
33 maintenance of the exemption pursuant to subparagraph 3. must
34 comply by removing the name of the individual with exempt status
35 and the instrument number or Official Records book and page
36 number identifying the property with the exempt status from all
37 publicly available records maintained by the property appraiser
38 or tax collector. For written requests received on or before
39 July 1, 2021, a county property appraiser or county tax
40 collector must comply with this sub-subparagraph by October 1,
41 2021. A county property appraiser or county tax collector may
42 not remove the street address, legal description, or other
43 information identifying real property within the agency’s
44 records so long as a name or personal information otherwise
45 exempt from inspection and copying pursuant to this section is
46 not associated with the property or otherwise displayed in the
47 public records of the agency.
48 b. Any information restricted from public display,
49 inspection, or copying under sub-subparagraph a. must be
50 provided to the individual whose information was removed.
51 5. An officer, an employee, a justice, a judge, or other
52 person specified in subparagraph 2. may submit a written request
53 for the release of his or her exempt information to the
54 custodial agency. The written request must be notarized and must
55 specify the information to be released and the party authorized
56 to receive the information. Upon receipt of the written request,
57 the custodial agency must release the specified information to
58 the party authorized to receive such information.
59 6. The exemptions in this paragraph apply to information
60 held by an agency before, on, or after the effective date of the
61 exemption.
62 7. Information made exempt under this paragraph may be
63 disclosed pursuant to s. 28.2221 to a title insurer authorized
64 pursuant to s. 624.401 and its affiliates as defined in s.
65 624.10; a title insurance agent or title insurance agency as
66 defined in s. 626.841(1) or (2), respectively; or an attorney
67 duly admitted to practice law in this state and in good standing
68 with The Florida Bar.
69 8. The exempt status of a home address contained in the
70 Official Records is maintained only during the period when a
71 protected party resides at the dwelling location. Upon
72 conveyance of real property after October 1, 2021, and when such
73 real property no longer constitutes a protected party’s home
74 address as defined in sub-subparagraph 1.a., the protected party
75 must submit a written request to release the removed information
76 to the county recorder. The written request to release the
77 removed information must be notarized, must confirm that a
78 protected party’s request for release is pursuant to a
79 conveyance of his or her dwelling location, and must specify the
80 Official Records book and page, instrument number, or clerk’s
81 file number for each document containing the information to be
82 released.
83 9. Upon the death of a protected party as verified by a
84 certified copy of a death certificate or court order, any party
85 can request the county recorder to release a protected
86 decedent’s removed information unless there is a related request
87 on file with the county recorder for continued removal of the
88 decedent’s information or unless such removal is otherwise
89 prohibited by statute or by court order. The written request to
90 release the removed information upon the death of a protected
91 party must attach the certified copy of a death certificate or
92 court order and must be notarized, must confirm the request for
93 release is due to the death of a protected party, and must
94 specify the Official Records book and page number, instrument
95 number, or clerk’s file number for each document containing the
96 information to be released. A fee may not be charged for the
97 release of any document pursuant to such request.
98 10. Except as otherwise expressly provided in this
99 paragraph, this paragraph is subject to the Open Government
100 Sunset Review Act in accordance with s. 119.15 and shall stand
101 repealed on October 2, 2024, unless reviewed and saved from
102 repeal through reenactment by the Legislature.
103 Section 2. The Legislature finds that it is a public
104 necessity that the home addresses, telephone numbers, dates of
105 birth, and photographs of current or former personnel of the
106 Agency for Health Care Administration whose duties include the
107 investigation of complaints filed against health care facilities
108 or the inspection of health care facilities licensed or
109 certified by the Agency for Health Care Administration; the
110 names, home addresses, telephone numbers, dates of birth, and
111 places of employment of the spouses and children of such
112 personnel; and the names and locations of schools and day care
113 facilities attended by the children of such personnel be made
114 exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
115 Article I of the State Constitution. The Legislature finds that
116 the release of such personal identifying and location
117 information might place the agency’s current or former personnel
118 and their family members in danger of physical and emotional
119 harm from disgruntled individuals who have contentious reactions
120 to actions carried out by such personnel or whose business or
121 professional practices have come under scrutiny as a result of
122 such investigations and agency actions. The Legislature further
123 finds that the harm that may result from the release of such
124 personal identifying and location information outweighs any
125 public benefit that may be derived from the disclosure of the
126 information.
127
128 ================= T I T L E A M E N D M E N T ================
129 And the title is amended as follows:
130 Delete lines 2 - 8
131 and insert:
132 An act relating to public records; amending s.
133 119.071, F.S.; providing an exemption from public
134 records requirements for the personal identifying and
135 location information of certain current or former
136 personnel of the Agency for Health Care Administration
137 and their spouses and children; providing for future
138 legislative review and repeal of the exemption;
139 providing for retroactive application; abrogating the
140 scheduled repeal of exemptions for certain personal
141 identifying and location information of specified
142 agency personnel, and the spouses and children
143 thereof; providing a statement of public necessity;
144 providing an effective date.