Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 712
Ì9219801Î921980
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/30/2024 .
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The Committee on Rules (Powell) 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. “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 v. The home addresses, telephone numbers, dates of birth,
279 and photographs of current or former inspectors or investigators
280 of the Department of Agriculture and Consumer Services; the
281 names, home addresses, telephone numbers, dates of birth, and
282 places of employment of the spouses and children of current or
283 former inspectors or investigators; and the names and locations
284 of schools and day care facilities attended by the children of
285 current or former inspectors or investigators are exempt from s.
286 119.07(1) and s. 24(a), Art. I of the State Constitution. This
287 sub-subparagraph is subject to the Open Government Sunset Review
288 Act in accordance with s. 119.15 and shall stand repealed on
289 October 2, 2028, unless reviewed and saved from repeal through
290 reenactment by the Legislature.
291 w. The home addresses, telephone numbers, dates of birth,
292 and photographs of current county attorneys, assistant county
293 attorneys, deputy county attorneys, city attorneys, assistant
294 city attorneys, and deputy city attorneys; the names, home
295 addresses, telephone numbers, photographs, dates of birth, and
296 places of employment of the spouses and children of current
297 county attorneys, assistant county attorneys, deputy county
298 attorneys, city attorneys, assistant city attorneys, and deputy
299 city attorneys; and the names and locations of schools and day
300 care facilities attended by the children of current county
301 attorneys, assistant county attorneys, deputy county attorneys,
302 city attorneys, assistant city attorneys, and deputy city
303 attorneys are exempt from s. 119.07(1) and s. 24(a), Art. I of
304 the State Constitution. This exemption does not apply to a
305 county attorney, assistant county attorney, deputy county
306 attorney, city attorney, assistant city attorney, or deputy city
307 attorney who qualifies as a candidate for election to public
308 office. This sub-subparagraph is subject to the Open Government
309 Sunset Review Act in accordance with s. 119.15 and shall stand
310 repealed on October 2, 2029, unless reviewed and saved from
311 repeal through reenactment by the Legislature.
312 3. An agency that is the custodian of the information
313 specified in subparagraph 2. and that is not the employer of the
314 officer, employee, justice, judge, or other person specified in
315 subparagraph 2. must maintain the exempt status of that
316 information only if the officer, employee, justice, judge, other
317 person, or employing agency of the designated employee submits a
318 written and notarized request for maintenance of the exemption
319 to the custodial agency. The request must state under oath the
320 statutory basis for the individual’s exemption request and
321 confirm the individual’s status as a party eligible for exempt
322 status.
323 4.a. A county property appraiser, as defined in s.
324 192.001(3), or a county tax collector, as defined in s.
325 192.001(4), who receives a written and notarized request for
326 maintenance of the exemption pursuant to subparagraph 3. must
327 comply by removing the name of the individual with exempt status
328 and the instrument number or Official Records book and page
329 number identifying the property with the exempt status from all
330 publicly available records maintained by the property appraiser
331 or tax collector. For written requests received on or before
332 July 1, 2021, a county property appraiser or county tax
333 collector must comply with this sub-subparagraph by October 1,
334 2021. A county property appraiser or county tax collector may
335 not remove the street address, legal description, or other
336 information identifying real property within the agency’s
337 records so long as a name or personal information otherwise
338 exempt from inspection and copying pursuant to this section is
339 not associated with the property or otherwise displayed in the
340 public records of the agency.
341 b. Any information restricted from public display,
342 inspection, or copying under sub-subparagraph a. must be
343 provided to the individual whose information was removed.
344 5. An officer, an employee, a justice, a judge, or other
345 person specified in subparagraph 2. may submit a written request
346 for the release of his or her exempt information to the
347 custodial agency. The written request must be notarized and must
348 specify the information to be released and the party authorized
349 to receive the information. Upon receipt of the written request,
350 the custodial agency must release the specified information to
351 the party authorized to receive such information.
352 6. The exemptions in this paragraph apply to information
353 held by an agency before, on, or after the effective date of the
354 exemption.
355 7. Information made exempt under this paragraph may be
356 disclosed pursuant to s. 28.2221 to a title insurer authorized
357 pursuant to s. 624.401 and its affiliates as defined in s.
358 624.10; a title insurance agent or title insurance agency as
359 defined in s. 626.841(1) or (2), respectively; or an attorney
360 duly admitted to practice law in this state and in good standing
361 with The Florida Bar.
362 8. The exempt status of a home address contained in the
363 Official Records is maintained only during the period when a
364 protected party resides at the dwelling location. Upon
365 conveyance of real property after October 1, 2021, and when such
366 real property no longer constitutes a protected party’s home
367 address as defined in sub-subparagraph 1.a., the protected party
368 must submit a written request to release the removed information
369 to the county recorder. The written request to release the
370 removed information must be notarized, must confirm that a
371 protected party’s request for release is pursuant to a
372 conveyance of his or her dwelling location, and must specify the
373 Official Records book and page, instrument number, or clerk’s
374 file number for each document containing the information to be
375 released.
376 9. Upon the death of a protected party as verified by a
377 certified copy of a death certificate or court order, any party
378 can request the county recorder to release a protected
379 decedent’s removed information unless there is a related request
380 on file with the county recorder for continued removal of the
381 decedent’s information or unless such removal is otherwise
382 prohibited by statute or by court order. The written request to
383 release the removed information upon the death of a protected
384 party must attach the certified copy of a death certificate or
385 court order and must be notarized, must confirm the request for
386 release is due to the death of a protected party, and must
387 specify the Official Records book and page number, instrument
388 number, or clerk’s file number for each document containing the
389 information to be released. A fee may not be charged for the
390 release of any document pursuant to such request.
391 10. Except as otherwise expressly provided in this
392 paragraph, this paragraph is subject to the Open Government
393 Sunset Review Act in accordance with s. 119.15 and shall stand
394 repealed on October 2, 2024, unless reviewed and saved from
395 repeal through reenactment by the Legislature.
396 Section 2. The Legislature finds that it is a public
397 necessity that the home addresses, telephone numbers, dates of
398 birth, and photographs of current county attorneys, assistant
399 county attorneys, deputy county attorneys, city attorneys,
400 assistant city attorneys, and deputy city attorneys be made
401 exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
402 Article I of the State Constitution. The Legislature further
403 finds that it is a public necessity that the names, home
404 addresses, telephone numbers, photographs, dates of birth, and
405 places of employment of the spouses and children of current
406 county attorneys, assistant county attorneys, deputy county
407 attorneys, city attorneys, assistant city attorneys, and deputy
408 city attorneys, and the names and locations of schools and day
409 care facilities attended by such children, be made exempt from
410 s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
411 State Constitution. The responsibilities of county attorneys,
412 assistant county attorneys, deputy county attorneys, city
413 attorneys, assistant city attorneys, and deputy city attorneys
414 regularly involve legal enforcement proceedings related to
415 violations of codes and ordinances. Legal enforcement
416 proceedings have led to retribution and threats by defendants
417 and other persons on numerous occasions. Such attorneys have
418 received death threats and e-mails from disgruntled persons
419 advocating the murder of other attorneys. Other incidents have
420 included the stalking of such attorneys and their spouses and
421 children. The Legislature finds that the release of such
422 personal identifying and location information could place such
423 attorneys and their spouses and children in danger of being
424 stalked or physically and emotionally harmed by a defendant or
425 other person. The Legislature finds that the harm that may
426 result from the release of such personal identifying and
427 location information outweighs any public benefit that may be
428 derived from the disclosure of the information, except in the
429 case of a current county attorney, assistant county attorney,
430 deputy county attorney, city attorney, assistant city attorney,
431 or deputy city attorney who qualifies as a candidate for
432 election to public office.
433 Section 3. This act shall take effect July 1, 2024.
434
435 ================= T I T L E A M E N D M E N T ================
436 And the title is amended as follows:
437 Delete everything before the enacting clause
438 and insert:
439 A bill to be entitled
440 An act relating to public records; amending s.
441 119.071, F.S.; providing an exemption from public
442 records requirements for the personal identifying and
443 location information of current county attorneys,
444 assistant county attorneys, deputy county attorneys,
445 city attorneys, assistant city attorneys, and deputy
446 city attorneys and the names and personal identifying
447 and location information of the spouses and children
448 of such attorneys; providing an exception; providing
449 for future legislative review and repeal of the
450 exemption; providing a statement of public necessity;
451 providing an effective date.