Florida Senate - 2026 SB 1298
By Senator Martin
33-01484-26 20261298__
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 chair, commissioners, and
5 hearing officers of the Public Employees Relations
6 Commission; providing for retroactive application;
7 providing for future legislative review and repeal of
8 the exemption; providing for the reversion of
9 specified statutory text under certain conditions;
10 amending s. 447.205, F.S.; revising the exemption from
11 public records requirements for draft orders and
12 related written communications or the issuance of any
13 order by the commission or its designees; providing
14 for future legislative review and repeal of the
15 exemption; providing for the reversion of specified
16 statutory text under certain conditions; amending s.
17 447.308, F.S.; providing an exemption from public
18 records requirements for a showing of interest signed
19 by the employees or group of employees who no longer
20 desire to be represented by a certified bargaining
21 agent; providing for future legislative review and
22 repeal of the exemption; providing for the reversion
23 of specified statutory text under certain conditions;
24 providing statements of public necessity; providing an
25 effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Paragraph (d) of subsection (4) of section
30 119.071, Florida Statutes, is amended to read:
31 119.071 General exemptions from inspection or copying of
32 public records.—
33 (4) AGENCY PERSONNEL INFORMATION.—
34 (d)1. For purposes of this paragraph, the term:
35 a. “Home addresses” means the dwelling location at which an
36 individual resides and includes the physical address, mailing
37 address, street address, parcel identification number, plot
38 identification number, legal property description, neighborhood
39 name and lot number, GPS coordinates, and any other descriptive
40 property information that may reveal the home address.
41 b. “Judicial assistant” means a court employee assigned to
42 the following class codes: 8140, 8150, 8310, and 8320.
43 c. “Telephone numbers” includes home telephone numbers,
44 personal cellular telephone numbers, personal pager telephone
45 numbers, and telephone numbers associated with personal
46 communications devices.
47 2.a. The home addresses, telephone numbers, dates of birth,
48 and photographs of active or former sworn law enforcement
49 personnel or of active or former civilian personnel employed by
50 a law enforcement agency, including correctional and
51 correctional probation officers, personnel of the Department of
52 Children and Families whose duties include the investigation of
53 abuse, neglect, exploitation, fraud, theft, or other criminal
54 activities, personnel of the Department of Health whose duties
55 are to support the investigation of child abuse or neglect, and
56 personnel of the Department of Revenue or local governments
57 whose responsibilities include revenue collection and
58 enforcement or child support enforcement; the names, home
59 addresses, telephone numbers, photographs, dates of birth, and
60 places of employment of the spouses and children of such
61 personnel; and the names and locations of schools and day care
62 facilities attended by the children of such personnel are exempt
63 from s. 119.07(1) and s. 24(a), Art. I of the State
64 Constitution.
65 b. The home addresses, telephone numbers, dates of birth,
66 and photographs of current or former nonsworn investigative
67 personnel of the Department of Financial Services whose duties
68 include the investigation of fraud, theft, workers’ compensation
69 coverage requirements and compliance, other related criminal
70 activities, or state regulatory requirement violations; the
71 names, home addresses, telephone numbers, dates of birth, and
72 places of employment of the spouses and children of such
73 personnel; and the names and locations of schools and day care
74 facilities attended by the children of such personnel are exempt
75 from s. 119.07(1) and s. 24(a), Art. I of the State
76 Constitution.
77 c. The home addresses, telephone numbers, dates of birth,
78 and photographs of current or former nonsworn investigative
79 personnel of the Office of Financial Regulation’s Bureau of
80 Financial Investigations whose duties include the investigation
81 of fraud, theft, other related criminal activities, or state
82 regulatory requirement violations; the names, home addresses,
83 telephone numbers, dates of birth, and places of employment of
84 the spouses and children of such personnel; and the names and
85 locations of schools and day care facilities attended by the
86 children of such personnel are exempt from s. 119.07(1) and s.
87 24(a), Art. I of the State Constitution.
88 d. The home addresses, telephone numbers, dates of birth,
89 and photographs of current or former firefighters certified in
90 compliance with s. 633.408; the names, home addresses, telephone
91 numbers, photographs, dates of birth, and places of employment
92 of the spouses and children of such firefighters; and the names
93 and locations of schools and day care facilities attended by the
94 children of such firefighters are exempt from s. 119.07(1) and
95 s. 24(a), Art. I of the State Constitution.
96 e. The home addresses, dates of birth, and telephone
97 numbers of current or former justices of the Supreme Court,
98 district court of appeal judges, circuit court judges, and
99 county court judges and current judicial assistants; the names,
100 home addresses, telephone numbers, dates of birth, and places of
101 employment of the spouses and children of current or former
102 justices and judges and current judicial assistants; and the
103 names and locations of schools and day care facilities attended
104 by the children of current or former justices and judges and of
105 current judicial assistants are exempt from s. 119.07(1) and s.
106 24(a), Art. I of the State Constitution. This sub-subparagraph
107 is subject to the Open Government Sunset Review Act in
108 accordance with s. 119.15 and shall stand repealed on October 2,
109 2028, unless reviewed and saved from repeal through reenactment
110 by the Legislature.
111 f. The home addresses, telephone numbers, dates of birth,
112 and photographs of current or former state attorneys, assistant
113 state attorneys, statewide prosecutors, or assistant statewide
114 prosecutors; the names, home addresses, telephone numbers,
115 photographs, dates of birth, and places of employment of the
116 spouses and children of current or former state attorneys,
117 assistant state attorneys, statewide prosecutors, or assistant
118 statewide prosecutors; and the names and locations of schools
119 and day care facilities attended by the children of current or
120 former state attorneys, assistant state attorneys, statewide
121 prosecutors, or assistant statewide prosecutors are exempt from
122 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
123 g. The home addresses, dates of birth, and telephone
124 numbers of general magistrates, special magistrates, judges of
125 compensation claims, administrative law judges of the Division
126 of Administrative Hearings, and child support enforcement
127 hearing officers, and the chair, commissioners, and hearing
128 officers of the Public Employees Relations Commission; the
129 names, home addresses, telephone numbers, dates of birth, and
130 places of employment of the spouses and children of general
131 magistrates, special magistrates, judges of compensation claims,
132 administrative law judges of the Division of Administrative
133 Hearings, and child support enforcement hearing officers, and
134 the chair, commissioners, and hearing officers of the Public
135 Employees Relations Commission; and the names and locations of
136 schools and day care facilities attended by the children of
137 general magistrates, special magistrates, judges of compensation
138 claims, administrative law judges of the Division of
139 Administrative Hearings, and child support enforcement hearing
140 officers, and the chair, commissioners, and hearing officers of
141 the Public Employees Relations Commission are exempt from s.
142 119.07(1) and s. 24(a), Art. I of the State Constitution.
143 h. The home addresses, telephone numbers, dates of birth,
144 and photographs of current or former human resource, labor
145 relations, or employee relations directors, assistant directors,
146 managers, or assistant managers of any local government agency
147 or water management district whose duties include hiring and
148 firing employees, labor contract negotiation, administration, or
149 other personnel-related duties; the names, home addresses,
150 telephone numbers, dates of birth, and places of employment of
151 the spouses and children of such personnel; and the names and
152 locations of schools and day care facilities attended by the
153 children of such personnel are exempt from s. 119.07(1) and s.
154 24(a), Art. I of the State Constitution.
155 i. The home addresses, telephone numbers, dates of birth,
156 and photographs of current or former code enforcement officers;
157 the names, home addresses, telephone numbers, dates of birth,
158 and places of employment of the spouses and children of such
159 personnel; and the names and locations of schools and day care
160 facilities attended by the children of such personnel are exempt
161 from s. 119.07(1) and s. 24(a), Art. I of the State
162 Constitution.
163 j. The home addresses, telephone numbers, places of
164 employment, dates of birth, and photographs of current or former
165 guardians ad litem, as defined in s. 39.01; the names, home
166 addresses, telephone numbers, dates of birth, and places of
167 employment of the spouses and children of such persons; and the
168 names and locations of schools and day care facilities attended
169 by the children of such persons are exempt from s. 119.07(1) and
170 s. 24(a), Art. I of the State Constitution.
171 k. The home addresses, telephone numbers, dates of birth,
172 and photographs of current or former juvenile probation
173 officers, juvenile probation supervisors, detention
174 superintendents, assistant detention superintendents, juvenile
175 justice detention officers I and II, juvenile justice detention
176 officer supervisors, juvenile justice residential officers,
177 juvenile justice residential officer supervisors I and II,
178 juvenile justice counselors, juvenile justice counselor
179 supervisors, human services counselor administrators, senior
180 human services counselor administrators, rehabilitation
181 therapists, and social services counselors of the Department of
182 Juvenile Justice; the names, home addresses, telephone numbers,
183 dates of birth, and places of employment of spouses and children
184 of such personnel; and the names and locations of schools and
185 day care facilities attended by the children of such personnel
186 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
187 Constitution.
188 l. The home addresses, telephone numbers, dates of birth,
189 and photographs of current or former public defenders, assistant
190 public defenders, criminal conflict and civil regional counsel,
191 and assistant criminal conflict and civil regional counsel; the
192 names, home addresses, telephone numbers, dates of birth, and
193 places of employment of the spouses and children of current or
194 former public defenders, assistant public defenders, criminal
195 conflict and civil regional counsel, and assistant criminal
196 conflict and civil regional counsel; and the names and locations
197 of schools and day care facilities attended by the children of
198 current or former public defenders, assistant public defenders,
199 criminal conflict and civil regional counsel, and assistant
200 criminal conflict and civil regional counsel are exempt from s.
201 119.07(1) and s. 24(a), Art. I of the State Constitution.
202 m. The home addresses, telephone numbers, dates of birth,
203 and photographs of current or former investigators or inspectors
204 of the Department of Business and Professional Regulation; the
205 names, home addresses, telephone numbers, dates of birth, and
206 places of employment of the spouses and children of such current
207 or former investigators and inspectors; and the names and
208 locations of schools and day care facilities attended by the
209 children of such current or former investigators and inspectors
210 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
211 Constitution.
212 n. The home addresses, telephone numbers, and dates of
213 birth of county tax collectors; the names, home addresses,
214 telephone numbers, dates of birth, and places of employment of
215 the spouses and children of such tax collectors; and the names
216 and locations of schools and day care facilities attended by the
217 children of such tax collectors are exempt from s. 119.07(1) and
218 s. 24(a), Art. I of the State Constitution.
219 o. The home addresses, telephone numbers, dates of birth,
220 and photographs of current or former personnel of the Department
221 of Health whose duties include, or result in, the determination
222 or adjudication of eligibility for social security disability
223 benefits, the investigation or prosecution of complaints filed
224 against health care practitioners, or the inspection of health
225 care practitioners or health care facilities licensed by the
226 Department of Health; the names, home addresses, telephone
227 numbers, dates of birth, and places of employment of the spouses
228 and children of such personnel; and the names and locations of
229 schools and day care facilities attended by the children of such
230 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
231 the State Constitution.
232 p. The home addresses, telephone numbers, dates of birth,
233 and photographs of current or former impaired practitioner
234 consultants who are retained by an agency or current or former
235 employees of an impaired practitioner consultant whose duties
236 result in a determination of a person’s skill and safety to
237 practice a licensed profession; the names, home addresses,
238 telephone numbers, dates of birth, and places of employment of
239 the spouses and children of such consultants or their employees;
240 and the names and locations of schools and day care facilities
241 attended by the children of such consultants or employees are
242 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
243 Constitution.
244 q. The home addresses, telephone numbers, dates of birth,
245 and photographs of current or former emergency medical
246 technicians or paramedics certified under chapter 401; the
247 names, home addresses, telephone numbers, dates of birth, and
248 places of employment of the spouses and children of such
249 emergency medical technicians or paramedics; and the names and
250 locations of schools and day care facilities attended by the
251 children of such emergency medical technicians or paramedics are
252 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
253 Constitution.
254 r. The home addresses, telephone numbers, dates of birth,
255 and photographs of current or former personnel employed in an
256 agency’s office of inspector general or internal audit
257 department whose duties include auditing or investigating waste,
258 fraud, abuse, theft, exploitation, or other activities that
259 could lead to criminal prosecution or administrative discipline;
260 the names, home addresses, telephone numbers, dates of birth,
261 and places of employment of spouses and children of such
262 personnel; and the names and locations of schools and day care
263 facilities attended by the children of such personnel are exempt
264 from s. 119.07(1) and s. 24(a), Art. I of the State
265 Constitution.
266 s. The home addresses, telephone numbers, dates of birth,
267 and photographs of current or former directors, managers,
268 supervisors, nurses, and clinical employees of an addiction
269 treatment facility; the home addresses, telephone numbers,
270 photographs, dates of birth, and places of employment of the
271 spouses and children of such personnel; and the names and
272 locations of schools and day care facilities attended by the
273 children of such personnel are exempt from s. 119.07(1) and s.
274 24(a), Art. I of the State Constitution. For purposes of this
275 sub-subparagraph, the term “addiction treatment facility” means
276 a county government, or agency thereof, that is licensed
277 pursuant to s. 397.401 and provides substance abuse prevention,
278 intervention, or clinical treatment, including any licensed
279 service component described in s. 397.311(27).
280 t. The home addresses, telephone numbers, dates of birth,
281 and photographs of current or former directors, managers,
282 supervisors, and clinical employees of a child advocacy center
283 that meets the standards of s. 39.3035(2) and fulfills the
284 screening requirement of s. 39.3035(3), and the members of a
285 Child Protection Team as described in s. 39.303 whose duties
286 include supporting the investigation of child abuse or sexual
287 abuse, child abandonment, child neglect, and child exploitation
288 or to provide services as part of a multidisciplinary case
289 review team; the names, home addresses, telephone numbers,
290 photographs, dates of birth, and places of employment of the
291 spouses and children of such personnel and members; and the
292 names and locations of schools and day care facilities attended
293 by the children of such personnel and members are exempt from s.
294 119.07(1) and s. 24(a), Art. I of the State Constitution.
295 u. The home addresses, telephone numbers, places of
296 employment, dates of birth, and photographs of current or former
297 staff and domestic violence advocates, as defined in s.
298 90.5036(1)(b), of domestic violence centers certified by the
299 Department of Children and Families under chapter 39; the names,
300 home addresses, telephone numbers, places of employment, dates
301 of birth, and photographs of the spouses and children of such
302 personnel; and the names and locations of schools and day care
303 facilities attended by the children of such personnel are exempt
304 from s. 119.07(1) and s. 24(a), Art. I of the State
305 Constitution.
306 v. The home addresses, telephone numbers, dates of birth,
307 and photographs of current or former inspectors or investigators
308 of the Department of Agriculture and Consumer Services; the
309 names, home addresses, telephone numbers, dates of birth, and
310 places of employment of the spouses and children of current or
311 former inspectors or investigators; and the names and locations
312 of schools and day care facilities attended by the children of
313 current or former inspectors or investigators are exempt from s.
314 119.07(1) and s. 24(a), Art. I of the State Constitution. This
315 sub-subparagraph is subject to the Open Government Sunset Review
316 Act in accordance with s. 119.15 and shall stand repealed on
317 October 2, 2028, unless reviewed and saved from repeal through
318 reenactment by the Legislature.
319 w. The home addresses, telephone numbers, dates of birth,
320 and photographs of current county attorneys, assistant county
321 attorneys, deputy county attorneys, city attorneys, assistant
322 city attorneys, and deputy city attorneys; the names, home
323 addresses, telephone numbers, photographs, dates of birth, and
324 places of employment of the spouses and children of current
325 county attorneys, assistant county attorneys, deputy county
326 attorneys, city attorneys, assistant city attorneys, and deputy
327 city attorneys; and the names and locations of schools and day
328 care facilities attended by the children of current county
329 attorneys, assistant county attorneys, deputy county attorneys,
330 city attorneys, assistant city attorneys, and deputy city
331 attorneys are exempt from s. 119.07(1) and s. 24(a), Art. I of
332 the State Constitution. This exemption does not apply to a
333 county attorney, assistant county attorney, deputy county
334 attorney, city attorney, assistant city attorney, or deputy city
335 attorney who qualifies as a candidate for election to public
336 office. This sub-subparagraph is subject to the Open Government
337 Sunset Review Act in accordance with s. 119.15 and shall stand
338 repealed on October 2, 2029, unless reviewed and saved from
339 repeal through reenactment by the Legislature.
340 x. The home addresses, telephone numbers, dates of birth,
341 and photographs of current or former commissioners of the
342 Florida Gaming Control Commission; the names, home addresses,
343 telephone numbers, dates of birth, photographs, and places of
344 employment of the spouses and children of such current or former
345 commissioners; and the names and locations of schools and day
346 care facilities attended by the children of such current or
347 former commissioners are exempt from s. 119.07(1) and s. 24(a),
348 Art. I of the State Constitution. This sub-subparagraph is
349 subject to the Open Government Sunset Review Act in accordance
350 with s. 119.15 and shall stand repealed on October 2, 2029,
351 unless reviewed and saved from repeal through reenactment by the
352 Legislature.
353 y. The home addresses, telephone numbers, dates of birth,
354 and photographs of current clerks of the circuit court, deputy
355 clerks of the circuit court, and clerk of the circuit court
356 personnel; the names, home addresses, telephone numbers, dates
357 of birth, and places of employment of the spouses and children
358 of current clerks of the circuit court, deputy clerks of the
359 circuit court, and clerk of the circuit court personnel; and the
360 names and locations of schools and day care facilities attended
361 by the children of current clerks of the circuit court, deputy
362 clerks of the circuit court, and clerk of the circuit court
363 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
364 the State Constitution. This sub-subparagraph is subject to the
365 Open Government Sunset Review Act in accordance with s. 119.15
366 and shall stand repealed on October 2, 2029, unless reviewed and
367 saved from repeal through reenactment by the Legislature.
368 z.(I) As used in this sub-subparagraph, the term:
369 (A) “Congressional member” means a person who is elected to
370 serve as a member of the United States House of Representatives
371 or is elected or appointed to serve as a member of the United
372 States Senate.
373 (B) “Partial home address” means the dwelling location at
374 which an individual resides and includes the physical address,
375 mailing address, street address, parcel identification number,
376 plot identification number, legal property description,
377 neighborhood name and lot number, GPS coordinates, and any other
378 descriptive property information that may reveal the partial
379 home address, except for the city and zip code.
380 (C) “Public officer” means a person who holds one of the
381 following offices: Governor, Lieutenant Governor, Chief
382 Financial Officer, Attorney General, Agriculture Commissioner,
383 state representative, state senator, property appraiser,
384 supervisor of elections, school superintendent, school board
385 member, mayor, city commissioner, or county commissioner.
386 (II) The following information is exempt from s. 119.07(1)
387 and s. 24(a), Art. I of the State Constitution:
388 (A) The partial home addresses of a current congressional
389 member or public officer and his or her spouse or adult child.
390 (B) The telephone numbers of a current congressional member
391 or public officer and his or her spouse or adult child.
392 (C) The name, home addresses, telephone numbers, and date
393 of birth of a minor child of a current congressional member or
394 public officer and the name and location of the school or day
395 care facility attended by the minor child.
396 (III) This sub-subparagraph is subject to the Open
397 Government Sunset Review Act in accordance with s. 119.15 and
398 shall stand repealed on October 2, 2030, unless reviewed and
399 saved from repeal through reenactment by the Legislature.
400 3.a. An agency that is the custodian of the information
401 specified in subparagraph 2. and that is not the employer of the
402 officer, employee, justice, judge, or other person specified in
403 subparagraph 2. must maintain the exempt status of that
404 information only if the officer, employee, justice, judge, other
405 person, or employing agency of the designated employee submits a
406 written and notarized request for maintenance of the exemption
407 to the custodial agency. The request must state under oath the
408 statutory basis for the individual’s exemption request and
409 confirm the individual’s status as a party eligible for exempt
410 status.
411 b. An agency that is the custodian of information specified
412 in sub-subparagraph 2.z. and that is not the employer of the
413 congressional member, public officer, or other person specified
414 in sub-subparagraph 2.z. must maintain the exempt status of that
415 information only if an individual requests the maintenance of an
416 exemption pursuant to sub-subparagraph 2.z. on the basis of
417 eligibility as a current congressional member or public officer
418 and his or her spouse or child submits, as part of the written
419 and notarized request required by sub-subparagraph a., the date
420 of the congressional member’s or public officer’s election or
421 appointment to public office, the date on which that office is
422 next subject to election, and, if applicable, the date on which
423 the current congressional member’s or public officer’s minor
424 child reaches the age of majority. The custodian must maintain
425 an exemption granted pursuant to sub-subparagraph 2.z. until the
426 qualifying conditions for the exemption no longer apply to the
427 person subject to the exemption.
428 4.a. A county property appraiser, as defined in s.
429 192.001(3), or a county tax collector, as defined in s.
430 192.001(4), who receives a written and notarized request for
431 maintenance of the exemption pursuant to subparagraph 3. must
432 comply by removing the name of the individual with exempt status
433 and the instrument number or Official Records book and page
434 number identifying the property with the exempt status from all
435 publicly available records maintained by the property appraiser
436 or tax collector. For written requests received on or before
437 July 1, 2021, a county property appraiser or county tax
438 collector must comply with this sub-subparagraph by October 1,
439 2021. A county property appraiser or county tax collector may
440 not remove the street address, legal description, or other
441 information identifying real property within the agency’s
442 records so long as a name or personal information otherwise
443 exempt from inspection and copying pursuant to this section is
444 not associated with the property or otherwise displayed in the
445 public records of the agency.
446 b. Any information restricted from public display,
447 inspection, or copying under sub-subparagraph a. must be
448 provided to the individual whose information was removed.
449 5. An officer, an employee, a justice, a judge, or other
450 person specified in subparagraph 2. may submit a written request
451 for the release of his or her exempt information to the
452 custodial agency. The written request must be notarized and must
453 specify the information to be released and the party authorized
454 to receive the information. Upon receipt of the written request,
455 the custodial agency must release the specified information to
456 the party authorized to receive such information.
457 6. The exemptions in this paragraph apply to information
458 held by an agency before, on, or after the effective date of the
459 exemption.
460 7. Information made exempt under this paragraph may be
461 disclosed pursuant to s. 28.2221 to a title insurer authorized
462 pursuant to s. 624.401 and its affiliates as defined in s.
463 624.10; a title insurance agent or title insurance agency as
464 defined in s. 626.841(1) or (2), respectively; or an attorney
465 duly admitted to practice law in this state and in good standing
466 with The Florida Bar.
467 8. The exempt status of a home address contained in the
468 Official Records is maintained only during the period when a
469 protected party resides at the dwelling location. Upon
470 conveyance of real property after October 1, 2021, and when such
471 real property no longer constitutes a protected party’s home
472 address as defined in sub-subparagraph 1.a., the protected party
473 must submit a written request to release the removed information
474 to the county recorder. The written request to release the
475 removed information must be notarized, must confirm that a
476 protected party’s request for release is pursuant to a
477 conveyance of his or her dwelling location, and must specify the
478 Official Records book and page, instrument number, or clerk’s
479 file number for each document containing the information to be
480 released.
481 9. Upon the death of a protected party as verified by a
482 certified copy of a death certificate or court order, any party
483 can request the county recorder to release a protected
484 decedent’s removed information unless there is a related request
485 on file with the county recorder for continued removal of the
486 decedent’s information or unless such removal is otherwise
487 prohibited by statute or by court order. The written request to
488 release the removed information upon the death of a protected
489 party must attach the certified copy of a death certificate or
490 court order and must be notarized, must confirm the request for
491 release is due to the death of a protected party, and must
492 specify the Official Records book and page number, instrument
493 number, or clerk’s file number for each document containing the
494 information to be released. A fee may not be charged for the
495 release of any document pursuant to such request.
496 Section 2. The amendment made by this act to s.
497 119.071(4)(d)2.g., Florida Statutes, is subject to the Open
498 Government Sunset Review Act in accordance with s. 119.15,
499 Florida Statutes, and shall stand repealed on October 2, 2031,
500 unless reviewed and saved from repeal through reenactment by the
501 Legislature. If the expansion of the exemption is not saved from
502 repeal, the text of that sub-subparagraph shall revert to that
503 in existence on June 30, 2026, except that any amendments to
504 such text enacted other than by this act shall be preserved and
505 continue to operate to the extent that such amendments are not
506 dependent upon the amendment to the text which expires pursuant
507 to this section.
508 Section 3. Subsection (10) of section 447.205, Florida
509 Statutes, is amended to read:
510 447.205 Public Employees Relations Commission.—
511 (10) The deliberations of the commission in any proceeding
512 before it are closed and exempt from the provisions of s.
513 286.011. However, any hearing held or oral argument heard by the
514 commission pursuant to this chapter or chapter 120 is or this
515 chapter shall be open to the public. All draft orders and
516 related written communications that are developed in preparation
517 for, or preliminary to, the issuance of any order by the
518 commission or its designees a final written order are
519 confidential and exempt from the provisions of s. 119.07(1) and
520 s. 24(a), Art. I of the State Constitution.
521 Section 4. The amendment made by this act to s.
522 447.205(10), Florida Statutes, is subject to the Open Government
523 Sunset Review Act in accordance with s. 119.15, Florida
524 Statutes, and shall stand repealed on October 2, 2031, unless
525 reviewed and saved from repeal through reenactment by the
526 Legislature. If the expansion of the exemption is not saved from
527 repeal, the text of that subsection shall revert to that in
528 existence on June 30, 2026, except that any amendments to such
529 text enacted other than by this act shall be preserved and
530 continue to operate to the extent that such amendments are not
531 dependent upon the amendment to the text which expires pursuant
532 to this section.
533 Section 5. Subsection (1) of section 447.308, Florida
534 Statutes, is amended to read:
535 447.308 Revocation of certification of employee
536 organization.—
537 (1) Any employee or group of employees which no longer
538 desires to be represented by the certified bargaining agent may
539 file with the commission a petition to revoke certification. The
540 petition must shall be accompanied by dated statements signed by
541 at least 30 percent of the employees in the unit, indicating
542 that such employees no longer desire to be represented for
543 purposes of collective bargaining by the certified bargaining
544 agent. The time of filing said petition is shall be governed by
545 the provisions of s. 447.307(3)(d) relating to petitions for
546 certification. The showing of interest signed by the employees
547 is confidential and exempt from s. 119.07(1) and s. 24(a),
548 Article I of the State Constitution, except that any employee,
549 employer, or employee organization having sufficient reason to
550 believe any of the employee signatures were obtained by
551 collusion, coercion, intimidation, or misrepresentation or are
552 otherwise invalid shall be given a reasonable opportunity to
553 verify and challenge the signatures appearing on the petition.
554 The commission or one of its designated agents shall investigate
555 the petition to determine its sufficiency. If the commission
556 finds the petition to be insufficient, it may dismiss the
557 petition. If the commission finds that the petition is
558 sufficient, it shall immediately:
559 (a) Identify the bargaining unit and determine which public
560 employees shall be qualified and entitled to vote in the
561 election held by the commission.
562 (b) Identify the public employer or employers.
563 (c) Order an election by secret ballot, the cost of said
564 election to be borne equally by the parties, except as the
565 commission may provide by rule. The commission’s order assessing
566 costs of an election may be enforced pursuant to the provisions
567 of this part.
568 Section 6. The amendment made by this act to s. 447.308(1),
569 Florida Statutes, is subject to the Open Government Sunset
570 Review Act in accordance with s. 119.15, Florida Statutes, and
571 shall stand repealed on October 2, 2031, unless reviewed and
572 saved from repeal through reenactment by the Legislature. If the
573 expansion of the exemption is not saved from repeal, the text of
574 that subsection shall revert to that in existence on June 30,
575 2026, except that any amendments to such text enacted other than
576 by this act shall be preserved and continue to operate to the
577 extent that such amendments are not dependent upon the amendment
578 to the text which expires pursuant to this section.
579 Section 7. (1) The Legislature finds that it is a public
580 necessity that the home addresses, dates of birth, and telephone
581 numbers of the chair, commissioners, and hearing officers of the
582 Public Employees Relations Commission; the names, home
583 addresses, telephone numbers, dates of birth, and places of
584 employment of the spouses and children of such personnel; and
585 the names and locations of schools and day care facilities
586 attended by the children of such personnel be made exempt from
587 s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
588 State Constitution. Such personnel and their families are at a
589 heightened risk of physical and emotional harm from disgruntled
590 individuals who have contentious reactions to actions taken by
591 the commission. In addition, such personnel may be subject to
592 threats or acts of revenge because of the duties they perform.
593 The spouses and children of such personnel are also endangered
594 by individuals who seek to intimidate or harm such personnel.
595 The Legislature finds that the harm that may result from the
596 release of such personal identifying and location information
597 outweighs any public benefit that may be derived from the
598 disclosure of the information.
599 (2) The Legislature finds that it is a public necessity
600 that draft orders and related written communications that are
601 developed in preparation for, or preliminary to, the issuance of
602 any order by the Public Employees Relations Commission or its
603 designees be made confidential and exempt from s. 119.07(1),
604 Florida Statutes, and s. 24(a), Article I of the State
605 Constitution. The Public Employees Relations Commission, as a
606 quasi-judicial agency, speaks through its written orders based
607 on the law and facts. The commission and its hearing officers
608 rely on the confidentiality of draft orders and written
609 communications related to these drafts before they become final
610 and are released to the public. The existing provision in s.
611 447.205(10), Florida Statutes, addresses this confidentiality
612 and recognizes its importance to the proper functioning of the
613 commission. However, it was adopted in 1977, with the only
614 substantive amendment being made in 1991. To avoid the existing
615 provision from being inadvertently read so as to allow public
616 access to draft orders or commission deliberations, including
617 preliminary work prepared by commission hearing officers, the
618 Legislature finds that it is a public necessity that the
619 language of the provision providing for confidentiality and
620 exemption of commission deliberations and draft orders be
621 clarified to reflect updates in technology, current practices of
622 the commission related to the use of hearing officers, and
623 modern methods of communication. The confidentiality and
624 exemption of commission deliberations and draft orders are
625 essential to the operation of the commission. Likewise, the
626 confidentiality and exemption of written communications related
627 to draft orders are essential to the operation of the commission
628 given updates in technology, commission practice of using
629 hearing officers as designees to prepare draft orders and assist
630 in preparing final orders, and modern methods of communication.
631 The Legislature further finds that the harm that may result from
632 the release of written communications related to draft orders,
633 in light of current technology, practices, and methods of
634 communication, outweighs any public benefit that may be derived
635 from the disclosure of such written communications.
636 (3) The Legislature further finds that it is a public
637 necessity that the showing of interest statements signed by
638 public employees indicating their desire to no longer be
639 represented by their bargaining agent be made confidential and
640 exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
641 Article I of the State Constitution. The showing of interest
642 statements signed by public employees indicating their desire to
643 be represented by a bargaining agent is already confidential and
644 exempt pursuant to s. 447.307, Florida Statutes, in order to
645 avoid the practical effect of chilling the employees’ exercise
646 of the right to form and join a union. Similarly, the showing of
647 interest statements seeking to decertify a union must be kept
648 confidential in order to avoid the practical effect of chilling
649 the employees’ exercise of the right to no longer be represented
650 by a union. The Legislature finds that the harm that may result
651 from the release of this showing of interest information
652 outweighs any public benefit that may be derived from the
653 disclosure of the information.
654 Section 8. This act shall take effect July 1, 2026.