Florida Senate - 2025 CS for SB 268
By the Committee on Governmental Oversight and Accountability;
and Senators Jones and Brodeur
585-01998-25 2025268c1
1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.071, F.S.; defining terms; providing exemptions
4 from public records requirements for the partial home
5 addresses and telephone numbers of current public
6 officers, their spouses, and their adult children and
7 the names, home addresses, telephone numbers, and
8 dates of birth of, and the names and locations of
9 schools and day care facilities attended by, the minor
10 children of such officers; providing for future
11 legislative review and repeal of the exemptions;
12 providing methods for maintenance of an exemption;
13 providing for retroactive application of the
14 exemptions; providing a statement of public necessity;
15 providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Paragraph (d) of subsection (4) of section
20 119.071, Florida Statutes, is amended to read:
21 119.071 General exemptions from inspection or copying of
22 public records.—
23 (4) AGENCY PERSONNEL INFORMATION.—
24 (d)1. For purposes of this paragraph, the term:
25 a. “Home addresses” means the dwelling location at which an
26 individual resides and includes the physical address, mailing
27 address, street address, parcel identification number, plot
28 identification number, legal property description, neighborhood
29 name and lot number, GPS coordinates, and any other descriptive
30 property information that may reveal the home address.
31 b. “Judicial assistant” means a court employee assigned to
32 the following class codes: 8140, 8150, 8310, and 8320.
33 c. “Telephone numbers” includes home telephone numbers,
34 personal cellular telephone numbers, personal pager telephone
35 numbers, and telephone numbers associated with personal
36 communications devices.
37 2.a. The home addresses, telephone numbers, dates of birth,
38 and photographs of active or former sworn law enforcement
39 personnel or of active or former civilian personnel employed by
40 a law enforcement agency, including correctional and
41 correctional probation officers, personnel of the Department of
42 Children and Families whose duties include the investigation of
43 abuse, neglect, exploitation, fraud, theft, or other criminal
44 activities, personnel of the Department of Health whose duties
45 are to support the investigation of child abuse or neglect, and
46 personnel of the Department of Revenue or local governments
47 whose responsibilities include revenue collection and
48 enforcement or child support enforcement; the names, home
49 addresses, telephone numbers, photographs, dates of birth, and
50 places of employment of the spouses and children of such
51 personnel; and the names and locations of schools and day care
52 facilities attended by the children of such personnel are exempt
53 from s. 119.07(1) and s. 24(a), Art. I of the State
54 Constitution.
55 b. The home addresses, telephone numbers, dates of birth,
56 and photographs of current or former nonsworn investigative
57 personnel of the Department of Financial Services whose duties
58 include the investigation of fraud, theft, workers’ compensation
59 coverage requirements and compliance, other related criminal
60 activities, or state regulatory requirement violations; the
61 names, home addresses, telephone numbers, dates of birth, and
62 places of employment of the spouses and children of such
63 personnel; and the names and locations of schools and day care
64 facilities attended by the children of such personnel are exempt
65 from s. 119.07(1) and s. 24(a), Art. I of the State
66 Constitution.
67 c. The home addresses, telephone numbers, dates of birth,
68 and photographs of current or former nonsworn investigative
69 personnel of the Office of Financial Regulation’s Bureau of
70 Financial Investigations whose duties include the investigation
71 of fraud, theft, other related criminal activities, or state
72 regulatory requirement violations; the names, home addresses,
73 telephone numbers, dates of birth, and places of employment of
74 the spouses and children of such personnel; and the names and
75 locations of schools and day care facilities attended by the
76 children of such personnel are exempt from s. 119.07(1) and s.
77 24(a), Art. I of the State Constitution.
78 d. The home addresses, telephone numbers, dates of birth,
79 and photographs of current or former firefighters certified in
80 compliance with s. 633.408; the names, home addresses, telephone
81 numbers, photographs, dates of birth, and places of employment
82 of the spouses and children of such firefighters; and the names
83 and locations of schools and day care facilities attended by the
84 children of such firefighters are exempt from s. 119.07(1) and
85 s. 24(a), Art. I of the State Constitution.
86 e. The home addresses, dates of birth, and telephone
87 numbers of current or former justices of the Supreme Court,
88 district court of appeal judges, circuit court judges, and
89 county court judges and current judicial assistants; the names,
90 home addresses, telephone numbers, dates of birth, and places of
91 employment of the spouses and children of current or former
92 justices and judges and current judicial assistants; and the
93 names and locations of schools and day care facilities attended
94 by the children of current or former justices and judges and
95 current judicial assistants are exempt from s. 119.07(1) and s.
96 24(a), Art. I of the State Constitution. This sub-subparagraph
97 is subject to the Open Government Sunset Review Act in
98 accordance with s. 119.15 and shall stand repealed on October 2,
99 2028, unless reviewed and saved from repeal through reenactment
100 by the Legislature.
101 f. The home addresses, telephone numbers, dates of birth,
102 and photographs of current or former state attorneys, assistant
103 state attorneys, statewide prosecutors, or assistant statewide
104 prosecutors; the names, home addresses, telephone numbers,
105 photographs, dates of birth, and places of employment of the
106 spouses and children of current or former state attorneys,
107 assistant state attorneys, statewide prosecutors, or assistant
108 statewide prosecutors; and the names and locations of schools
109 and day care facilities attended by the children of current or
110 former state attorneys, assistant state attorneys, statewide
111 prosecutors, or assistant statewide prosecutors are exempt from
112 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
113 g. The home addresses, dates of birth, and telephone
114 numbers of general magistrates, special magistrates, judges of
115 compensation claims, administrative law judges of the Division
116 of Administrative Hearings, and child support enforcement
117 hearing officers; the names, home addresses, telephone numbers,
118 dates of birth, and places of employment of the spouses and
119 children of general magistrates, special magistrates, judges of
120 compensation claims, administrative law judges of the Division
121 of Administrative Hearings, and child support enforcement
122 hearing officers; and the names and locations of schools and day
123 care facilities attended by the children of general magistrates,
124 special magistrates, judges of compensation claims,
125 administrative law judges of the Division of Administrative
126 Hearings, and child support enforcement hearing officers are
127 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
128 Constitution.
129 h. The home addresses, telephone numbers, dates of birth,
130 and photographs of current or former human resource, labor
131 relations, or employee relations directors, assistant directors,
132 managers, or assistant managers of any local government agency
133 or water management district whose duties include hiring and
134 firing employees, labor contract negotiation, administration, or
135 other personnel-related duties; the names, home addresses,
136 telephone numbers, dates of birth, and places of employment of
137 the spouses and children of such personnel; and the names and
138 locations of schools and day care facilities attended by the
139 children of such personnel are exempt from s. 119.07(1) and s.
140 24(a), Art. I of the State Constitution.
141 i. The home addresses, telephone numbers, dates of birth,
142 and photographs of current or former code enforcement officers;
143 the names, home addresses, telephone numbers, dates of birth,
144 and places of employment of the spouses and children of such
145 personnel; and the names and locations of schools and day care
146 facilities attended by the children of such personnel are exempt
147 from s. 119.07(1) and s. 24(a), Art. I of the State
148 Constitution.
149 j. The home addresses, telephone numbers, places of
150 employment, dates of birth, and photographs of current or former
151 guardians ad litem, as defined in s. 39.01; the names, home
152 addresses, telephone numbers, dates of birth, and places of
153 employment of the spouses and children of such persons; and the
154 names and locations of schools and day care facilities attended
155 by the children of such persons are exempt from s. 119.07(1) and
156 s. 24(a), Art. I of the State Constitution.
157 k. The home addresses, telephone numbers, dates of birth,
158 and photographs of current or former juvenile probation
159 officers, juvenile probation supervisors, detention
160 superintendents, assistant detention superintendents, juvenile
161 justice detention officers I and II, juvenile justice detention
162 officer supervisors, juvenile justice residential officers,
163 juvenile justice residential officer supervisors I and II,
164 juvenile justice counselors, juvenile justice counselor
165 supervisors, human services counselor administrators, senior
166 human services counselor administrators, rehabilitation
167 therapists, and social services counselors of the Department of
168 Juvenile Justice; the names, home addresses, telephone numbers,
169 dates of birth, and places of employment of spouses and children
170 of such personnel; and the names and locations of schools and
171 day care facilities attended by the children of such personnel
172 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
173 Constitution.
174 l. The home addresses, telephone numbers, dates of birth,
175 and photographs of current or former public defenders, assistant
176 public defenders, criminal conflict and civil regional counsel,
177 and assistant criminal conflict and civil regional counsel; the
178 names, home addresses, telephone numbers, dates of birth, and
179 places of employment of the spouses and children of current or
180 former public defenders, assistant public defenders, criminal
181 conflict and civil regional counsel, and assistant criminal
182 conflict and civil regional counsel; and the names and locations
183 of schools and day care facilities attended by the children of
184 current or former public defenders, assistant public defenders,
185 criminal conflict and civil regional counsel, and assistant
186 criminal conflict and civil regional counsel are exempt from s.
187 119.07(1) and s. 24(a), Art. I of the State Constitution.
188 m. The home addresses, telephone numbers, dates of birth,
189 and photographs of current or former investigators or inspectors
190 of the Department of Business and Professional Regulation; the
191 names, home addresses, telephone numbers, dates of birth, and
192 places of employment of the spouses and children of such current
193 or former investigators and inspectors; and the names and
194 locations of schools and day care facilities attended by the
195 children of such current or former investigators and inspectors
196 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
197 Constitution.
198 n. The home addresses, telephone numbers, and dates of
199 birth of county tax collectors; the names, home addresses,
200 telephone numbers, dates of birth, and places of employment of
201 the spouses and children of such tax collectors; and the names
202 and locations of schools and day care facilities attended by the
203 children of such tax collectors are exempt from s. 119.07(1) and
204 s. 24(a), Art. I of the State Constitution.
205 o. The home addresses, telephone numbers, dates of birth,
206 and photographs of current or former personnel of the Department
207 of Health whose duties include, or result in, the determination
208 or adjudication of eligibility for social security disability
209 benefits, the investigation or prosecution of complaints filed
210 against health care practitioners, or the inspection of health
211 care practitioners or health care facilities licensed by the
212 Department of Health; the names, home addresses, telephone
213 numbers, dates of birth, and places of employment of the spouses
214 and children of such personnel; and the names and locations of
215 schools and day care facilities attended by the children of such
216 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
217 the State Constitution.
218 p. The home addresses, telephone numbers, dates of birth,
219 and photographs of current or former impaired practitioner
220 consultants who are retained by an agency or current or former
221 employees of an impaired practitioner consultant whose duties
222 result in a determination of a person’s skill and safety to
223 practice a licensed profession; the names, home addresses,
224 telephone numbers, dates of birth, and places of employment of
225 the spouses and children of such consultants or their employees;
226 and the names and locations of schools and day care facilities
227 attended by the children of such consultants or employees are
228 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
229 Constitution.
230 q. The home addresses, telephone numbers, dates of birth,
231 and photographs of current or former emergency medical
232 technicians or paramedics certified under chapter 401; the
233 names, home addresses, telephone numbers, dates of birth, and
234 places of employment of the spouses and children of such
235 emergency medical technicians or paramedics; and the names and
236 locations of schools and day care facilities attended by the
237 children of such emergency medical technicians or paramedics are
238 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
239 Constitution.
240 r. The home addresses, telephone numbers, dates of birth,
241 and photographs of current or former personnel employed in an
242 agency’s office of inspector general or internal audit
243 department whose duties include auditing or investigating waste,
244 fraud, abuse, theft, exploitation, or other activities that
245 could lead to criminal prosecution or administrative discipline;
246 the names, home addresses, telephone numbers, dates of birth,
247 and places of employment of spouses and children of such
248 personnel; and the names and locations of schools and day care
249 facilities attended by the children of such personnel are exempt
250 from s. 119.07(1) and s. 24(a), Art. I of the State
251 Constitution.
252 s. The home addresses, telephone numbers, dates of birth,
253 and photographs of current or former directors, managers,
254 supervisors, nurses, and clinical employees of an addiction
255 treatment facility; the home addresses, telephone numbers,
256 photographs, dates of birth, and places of employment of the
257 spouses and children of such personnel; and the names and
258 locations of schools and day care facilities attended by the
259 children of such personnel are exempt from s. 119.07(1) and s.
260 24(a), Art. I of the State Constitution. For purposes of this
261 sub-subparagraph, the term “addiction treatment facility” means
262 a county government, or agency thereof, that is licensed
263 pursuant to s. 397.401 and provides substance abuse prevention,
264 intervention, or clinical treatment, including any licensed
265 service component described in s. 397.311(27).
266 t. The home addresses, telephone numbers, dates of birth,
267 and photographs of current or former directors, managers,
268 supervisors, and clinical employees of a child advocacy center
269 that meets the standards of s. 39.3035(2) and fulfills the
270 screening requirement of s. 39.3035(3), and the members of a
271 Child Protection Team as described in s. 39.303 whose duties
272 include supporting the investigation of child abuse or sexual
273 abuse, child abandonment, child neglect, and child exploitation
274 or to provide services as part of a multidisciplinary case
275 review team; the names, home addresses, telephone numbers,
276 photographs, dates of birth, and places of employment of the
277 spouses and children of such personnel and members; and the
278 names and locations of schools and day care facilities attended
279 by the children of such personnel and members are exempt from s.
280 119.07(1) and s. 24(a), Art. I of the State Constitution.
281 u. The home addresses, telephone numbers, places of
282 employment, dates of birth, and photographs of current or former
283 staff and domestic violence advocates, as defined in s.
284 90.5036(1)(b), of domestic violence centers certified by the
285 Department of Children and Families under chapter 39; the names,
286 home addresses, telephone numbers, places of employment, dates
287 of birth, and photographs of the spouses and children of such
288 personnel; and the names and locations of schools and day care
289 facilities attended by the children of such personnel are exempt
290 from s. 119.07(1) and s. 24(a), Art. I of the State
291 Constitution.
292 v. The home addresses, telephone numbers, dates of birth,
293 and photographs of current or former inspectors or investigators
294 of the Department of Agriculture and Consumer Services; the
295 names, home addresses, telephone numbers, dates of birth, and
296 places of employment of the spouses and children of current or
297 former inspectors or investigators; and the names and locations
298 of schools and day care facilities attended by the children of
299 current or former inspectors or investigators are exempt from s.
300 119.07(1) and s. 24(a), Art. I of the State Constitution. This
301 sub-subparagraph is subject to the Open Government Sunset Review
302 Act in accordance with s. 119.15 and shall stand repealed on
303 October 2, 2028, unless reviewed and saved from repeal through
304 reenactment by the Legislature.
305 w. The home addresses, telephone numbers, dates of birth,
306 and photographs of current county attorneys, assistant county
307 attorneys, deputy county attorneys, city attorneys, assistant
308 city attorneys, and deputy city attorneys; the names, home
309 addresses, telephone numbers, photographs, dates of birth, and
310 places of employment of the spouses and children of current
311 county attorneys, assistant county attorneys, deputy county
312 attorneys, city attorneys, assistant city attorneys, and deputy
313 city attorneys; and the names and locations of schools and day
314 care facilities attended by the children of current county
315 attorneys, assistant county attorneys, deputy county attorneys,
316 city attorneys, assistant city attorneys, and deputy city
317 attorneys are exempt from s. 119.07(1) and s. 24(a), Art. I of
318 the State Constitution. This exemption does not apply to a
319 county attorney, assistant county attorney, deputy county
320 attorney, city attorney, assistant city attorney, or deputy city
321 attorney who qualifies as a candidate for election to public
322 office. This sub-subparagraph is subject to the Open Government
323 Sunset Review Act in accordance with s. 119.15 and shall stand
324 repealed on October 2, 2029, unless reviewed and saved from
325 repeal through reenactment by the Legislature.
326 x. The home addresses, telephone numbers, dates of birth,
327 and photographs of current or former commissioners of the
328 Florida Gaming Control Commission; the names, home addresses,
329 telephone numbers, dates of birth, photographs, and places of
330 employment of the spouses and children of such current or former
331 commissioners; and the names and locations of schools and day
332 care facilities attended by the children of such current or
333 former commissioners are exempt from s. 119.07(1) and s. 24(a),
334 Art. I of the State Constitution. This sub-subparagraph is
335 subject to the Open Government Sunset Review Act in accordance
336 with s. 119.15 and shall stand repealed on October 2, 2029,
337 unless reviewed and saved from repeal through reenactment by the
338 Legislature.
339 y. The home addresses, telephone numbers, dates of birth,
340 and photographs of current clerks of the circuit court, deputy
341 clerks of the circuit court, and clerk of the circuit court
342 personnel; the names, home addresses, telephone numbers, dates
343 of birth, and places of employment of the spouses and children
344 of current clerks of the circuit court, deputy clerks of the
345 circuit court, and clerk of the circuit court personnel; and the
346 names and locations of schools and day care facilities attended
347 by the children of current clerks of the circuit court, deputy
348 clerks of the circuit court, and clerk of the circuit court
349 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
350 the State Constitution. This sub-subparagraph is subject to the
351 Open Government Sunset Review Act in accordance with s. 119.15
352 and shall stand repealed on October 2, 2029, unless reviewed and
353 saved from repeal through reenactment by the Legislature.
354 z.(I) As used in this sub-subparagraph, the term:
355 (A) “Partial home addresses” means the dwelling location at
356 which an individual resides and includes the physical address,
357 mailing address, street address, parcel identification number,
358 plot identification number, legal property description,
359 neighborhood name and lot number, GPS coordinates, and any other
360 descriptive property information that may reveal the partial
361 home address, except for the city and zip code.
362 (B) “Public officer” means a person who holds one of the
363 following offices: Governor, Lieutenant Governor, Chief
364 Financial Officer, Attorney General, Agriculture Commissioner,
365 State Representative, State Senator, Property Appraiser,
366 Supervisor of Elections, School Superintendent, School Board
367 Member, Mayor, City Commissioner, or County Commissioner.
368 (II) The following information is exempt from s. 119.07(1)
369 and s. 24(a), Art. I of the State Constitution:
370 (A) The partial home addresses of a current public officer,
371 his or her spouse, and his or her adult child.
372 (B) The telephone numbers of a current public officer, his
373 or her spouse, and his or her adult child.
374 (C) The name, home addresses, telephone numbers, and date
375 of birth of a minor child of a current public officer and the
376 name and location of the school or day care facility attended by
377 the minor child.
378 (III) This sub-subparagraph is subject to the Open
379 Government Sunset Review Act in accordance with s. 119.15 and
380 shall stand repealed on October 2, 2030, unless reviewed and
381 saved from repeal through reenactment by the Legislature.
382 3.a. An agency that is the custodian of the information
383 specified in subparagraph 2. and that is not the employer of the
384 officer, employee, justice, judge, or other person specified in
385 subparagraph 2. must maintain the exempt status of that
386 information only if the officer, employee, justice, judge, other
387 person, or employing agency of the designated employee submits a
388 written and notarized request for maintenance of the exemption
389 to the custodial agency. The request must state under oath the
390 statutory basis for the individual’s exemption request and
391 confirm the individual’s status as a party eligible for exempt
392 status.
393 b. An agency that is the custodian of information specified
394 in sub-subparagraph 2.z. and that is not the employer of the
395 public officer or other person specified in sub-subparagraph
396 2.z. must maintain the exempt status of that information only if
397 an individual who requests the maintenance of an exemption
398 pursuant to sub-subparagraph 2.z. on the basis of eligibility as
399 a current public officer, his or her spouse, or his or her child
400 submits, as part of the written and notarized request required
401 by sub-subparagraph a., the date of the public officer’s
402 election or appointment to public office, the date on which that
403 office is next subject to election, and, if applicable, the date
404 on which the current public officer’s child reaches the age of
405 majority. The custodian must maintain an exemption granted
406 pursuant to sub-subparagraph 2.z. until the qualifying
407 conditions for the exemption no longer apply to the person
408 subject to the exemption.
409 4.a. A county property appraiser, as defined in s.
410 192.001(3), or a county tax collector, as defined in s.
411 192.001(4), who receives a written and notarized request for
412 maintenance of the exemption pursuant to subparagraph 3. must
413 comply by removing the name of the individual with exempt status
414 and the instrument number or Official Records book and page
415 number identifying the property with the exempt status from all
416 publicly available records maintained by the property appraiser
417 or tax collector. For written requests received on or before
418 July 1, 2021, a county property appraiser or county tax
419 collector must comply with this sub-subparagraph by October 1,
420 2021. A county property appraiser or county tax collector may
421 not remove the street address, legal description, or other
422 information identifying real property within the agency’s
423 records so long as a name or personal information otherwise
424 exempt from inspection and copying pursuant to this section is
425 not associated with the property or otherwise displayed in the
426 public records of the agency.
427 b. Any information restricted from public display,
428 inspection, or copying under sub-subparagraph a. must be
429 provided to the individual whose information was removed.
430 5. An officer, an employee, a justice, a judge, or other
431 person specified in subparagraph 2. may submit a written request
432 for the release of his or her exempt information to the
433 custodial agency. The written request must be notarized and must
434 specify the information to be released and the party authorized
435 to receive the information. Upon receipt of the written request,
436 the custodial agency must release the specified information to
437 the party authorized to receive such information.
438 6. The exemptions in this paragraph apply to information
439 held by an agency before, on, or after the effective date of the
440 exemption.
441 7. Information made exempt under this paragraph may be
442 disclosed pursuant to s. 28.2221 to a title insurer authorized
443 pursuant to s. 624.401 and its affiliates as defined in s.
444 624.10; a title insurance agent or title insurance agency as
445 defined in s. 626.841(1) or (2), respectively; or an attorney
446 duly admitted to practice law in this state and in good standing
447 with The Florida Bar.
448 8. The exempt status of a home address contained in the
449 Official Records is maintained only during the period when a
450 protected party resides at the dwelling location. Upon
451 conveyance of real property after October 1, 2021, and when such
452 real property no longer constitutes a protected party’s home
453 address as defined in sub-subparagraph 1.a., the protected party
454 must submit a written request to release the removed information
455 to the county recorder. The written request to release the
456 removed information must be notarized, must confirm that a
457 protected party’s request for release is pursuant to a
458 conveyance of his or her dwelling location, and must specify the
459 Official Records book and page, instrument number, or clerk’s
460 file number for each document containing the information to be
461 released.
462 9. Upon the death of a protected party as verified by a
463 certified copy of a death certificate or court order, any party
464 can request the county recorder to release a protected
465 decedent’s removed information unless there is a related request
466 on file with the county recorder for continued removal of the
467 decedent’s information or unless such removal is otherwise
468 prohibited by statute or by court order. The written request to
469 release the removed information upon the death of a protected
470 party must attach the certified copy of a death certificate or
471 court order and must be notarized, must confirm the request for
472 release is due to the death of a protected party, and must
473 specify the Official Records book and page number, instrument
474 number, or clerk’s file number for each document containing the
475 information to be released. A fee may not be charged for the
476 release of any document pursuant to such request.
477 Section 2. The Legislature finds that it is a public
478 necessity that the partial home addresses and telephone numbers
479 of current public officers, their spouses, and their adult
480 children; the names, home addresses, telephone numbers, and
481 dates of birth of the minor children of such officers; and the
482 names and locations of schools and day care facilities attended
483 by the minor children of such officers be made exempt from s.
484 119.07(1), Florida Statutes, and s. 24(a), Article I of the
485 State Constitution. Public officers are often confronted with
486 making difficult and impactful policy decisions. As a result,
487 public officers and their families may receive threats,
488 including, but not limited to, verbal threats, harassment, and
489 intimidation, while carrying out their official duties.
490 Vulnerability to such threats may discourage residents of this
491 state from seeking elected office in order to protect themselves
492 and their families. The Legislature further finds that the harm
493 that may result from the release of such personal identifying
494 and location information outweighs any public benefit that may
495 be derived from the disclosure of the information.
496 Section 3. This act shall take effect July 1, 2025.